Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 716
                                Barcode 540764                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/12/2012           .                                

       The Committee on Community Affairs (Bennett) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 125.022, Florida Statutes, is amended to
    6  read:
    7         125.022 Development permits.—If When a county denies an
    8  application for a development permit, the county shall give
    9  written notice to the applicant. The notice must include a
   10  citation to the applicable portions of an ordinance, rule,
   11  statute, or other legal authority for the denial of the permit.
   12  As used in this section, the term “development permit” has the
   13  same meaning as in s. 163.3164. A county may not require as a
   14  condition of processing a development permit that an applicant
   15  obtain a permit or approval from a state or federal agency
   16  unless that agency has issued a notice of intent to deny the
   17  federal or state permit before the county action on the local
   18  development permit. The issuance of a development permit by a
   19  county does not create a right on the part of the applicant to
   20  obtain a permit from a state or federal agency and does not
   21  create a liability on the part of the county for issuance of the
   22  permit if the applicant fails to fulfill its legal obligations
   23  to obtain requisite approvals or fulfill the obligations imposed
   24  by a state or federal agency. A county may attach such a
   25  disclaimer to the issuance of a development permit and may
   26  include a permit condition that all other applicable state or
   27  federal permits be obtained before commencement of the
   28  development. This section does not prohibit a county from
   29  providing information to an applicant regarding what other state
   30  or federal permits may apply.
   31         Section 2. Section 166.033, Florida Statutes, is amended to
   32  read:
   33         166.033 Development permits.—If When a municipality denies
   34  an application for a development permit, the municipality shall
   35  give written notice to the applicant. The notice must include a
   36  citation to the applicable portions of an ordinance, rule,
   37  statute, or other legal authority for the denial of the permit.
   38  As used in this section, the term “development permit” has the
   39  same meaning as in s. 163.3164. A municipality may not require
   40  as a condition of processing a development permit that an
   41  applicant obtain a permit or approval from a state or federal
   42  agency unless that agency has issued a notice of intent to deny
   43  the federal or state permit before the municipal action on the
   44  local development permit. The issuance of a development permit
   45  by a municipality does not create a right on the part of an
   46  applicant to obtain a permit from a state or federal agency and
   47  does not create any liability on the part of the municipality
   48  for issuance of the permit if the applicant fails to fulfill its
   49  legal obligations to obtain requisite approvals or fulfill the
   50  obligations imposed by a state or federal agency. A municipality
   51  may attach such a disclaimer to the issuance of a development
   52  permit and may include a permit condition that all other
   53  applicable state or federal permits be obtained before
   54  commencement of the development. This section does not prohibit
   55  a municipality from providing information to an applicant
   56  regarding what other state or federal permits may apply.
   57         Section 3. Section 218.075, Florida Statutes, is amended to
   58  read:
   59         218.075 Reduction or waiver of permit processing fees.
   60  Notwithstanding any other provision of law, the Department of
   61  Environmental Protection and the water management districts
   62  shall reduce or waive permit processing fees for a county that
   63  has counties with a population of 50,000 or fewer less on April
   64  1, 1994, until such county exceeds counties exceed a population
   65  of 75,000; for a municipality that has and municipalities with a
   66  population of 25,000 or fewer; for an entity created by special
   67  act, local ordinance, or interlocal agreement of such county or
   68  municipality; less, or for a any county or municipality not
   69  included within a metropolitan statistical area. Fee reductions
   70  or waivers shall be approved on the basis of fiscal hardship or
   71  environmental need for a particular project or activity. The
   72  governing body must certify that the cost of the permit
   73  processing fee is a fiscal hardship due to one of the following
   74  factors:
   75         (1) Per capita taxable value is less than the statewide
   76  average for the current fiscal year;
   77         (2) Percentage of assessed property value that is exempt
   78  from ad valorem taxation is higher than the statewide average
   79  for the current fiscal year;
   80         (3) Any condition specified in s. 218.503(1) which results
   81  in the county or municipality being in a state of financial
   82  emergency;
   83         (4) Ad valorem operating millage rate for the current
   84  fiscal year is greater than 8 mills; or
   85         (5) A financial condition that is documented in annual
   86  financial statements at the end of the current fiscal year and
   87  indicates an inability to pay the permit processing fee during
   88  that fiscal year.
   90  The permit applicant must be the governing body of a county or
   91  municipality, or a third party under contract with a county or
   92  municipality, or an entity created by special act, local
   93  ordinance, or interlocal agreement, and the project for which
   94  the fee reduction or waiver is sought must serve a public
   95  purpose. If a permit processing fee is reduced, the total fee
   96  may shall not exceed $100.
   97         Section 4. Paragraphs (a) and (b) of subsection (3) of
   98  section 258.397, Florida Statutes, are amended to read:
   99         258.397 Biscayne Bay Aquatic Preserve.—
  100         (3) AUTHORITY OF TRUSTEES.—The Board of Trustees of the
  101  Internal Improvement Trust Fund is authorized and directed to
  102  maintain the aquatic preserve hereby created pursuant and
  103  subject to the following provisions:
  104         (a) A No further sale, transfer, or lease of sovereignty
  105  submerged lands in the preserve may not shall be approved or
  106  consummated by the board of trustees, except upon a showing of
  107  extreme hardship on the part of the applicant and a
  108  determination by the board of trustees that such sale, transfer,
  109  or lease is in the public interest. A municipal applicant
  110  proposing a project under paragraph (b) is exempt from showing
  111  extreme hardship.
  112         (b) A No further dredging or filling of submerged lands of
  113  the preserve may not shall be approved or tolerated by the board
  114  of trustees except:
  115         1. Such minimum dredging and spoiling as may be authorized
  116  for public navigation projects or for such minimum dredging and
  117  spoiling as may be constituted as a public necessity or for
  118  preservation of the bay according to the expressed intent of
  119  this section.
  120         2. Such other alteration of physical conditions, including
  121  the placement of riprap, as may be necessary to enhance the
  122  quality and utility of the preserve.
  123         3. Such minimum dredging and filling as may be authorized
  124  for the creation and maintenance of marinas, piers, and docks
  125  and their attendant navigation channels and access roads. Such
  126  projects may only be authorized only upon a specific finding by
  127  the board of trustees that there is assurance that the project
  128  will be constructed and operated in a manner that will not
  129  adversely affect the water quality and utility of the preserve.
  130  This subparagraph does shall not authorize the connection of
  131  upland canals to the waters of the preserve.
  132         4. Such dredging as is necessary for the purpose of
  133  eliminating conditions hazardous to the public health or for the
  134  purpose of eliminating stagnant waters, islands, and spoil
  135  banks, the dredging of which would enhance the aesthetic and
  136  environmental quality and utility of the preserve and be clearly
  137  in the public interest as determined by the board of trustees.
  138         5. Such dredging and filling as necessary for the creation
  139  of public waterfront promenades.
  141  Any dredging or filling under this subsection or improvements
  142  under subsection (5) may shall be approved only after public
  143  notice as provided by s. 253.115.
  144         Section 5. Subsection (4) of section 339.63, Florida
  145  Statutes, is amended, and subsections (5) and (6) are added to
  146  that section, to read:
  147         339.63 System facilities designated; additions and
  148  deletions.—
  149         (4) After the initial designation of the Strategic
  150  Intermodal System under subsection (1), the department shall, in
  151  coordination with the metropolitan planning organizations, local
  152  governments, regional planning councils, transportation
  153  providers, and affected public agencies, add facilities to or
  154  delete facilities from the Strategic Intermodal System described
  155  in paragraph (2)(a) based upon criteria adopted by the
  156  department with the exceptions provided in subsections (5) and
  157  (6).
  158         (5)However, An airport that is designated as a reliever
  159  airport to a Strategic Intermodal System airport which has at
  160  least 75,000 itinerant operations per year, has a runway length
  161  of at least 5,500 linear feet, is capable of handling aircraft
  162  weighing at least 60,000 pounds with a dual wheel configuration
  163  which is served by at least one precision instrument approach,
  164  and serves a cluster of aviation-dependent industries, shall be
  165  designated as part of the Strategic Intermodal System by the
  166  Secretary of Transportation upon the request of a reliever
  167  airport meeting this criteria.
  168         (6) A planned facility that is projected to create at least
  169  50 full-time jobs and is designated in the local comprehensive
  170  plan as an intermodal logistics center or inland logistics
  171  center, or the local equivalent, and meets the following
  172  criteria shall be designated as part of the Strategic Intermodal
  173  System by the Secretary of Transportation upon the request of a
  174  planned intermodal logistics center facility. The planned
  175  facility must:
  176         (a) Serve the purpose of receiving or sending cargo for
  177  distribution and providing cargo storage, consolidation, and
  178  repackaging and transfer of goods, and may, if developed as
  179  proposed, include other intermodal terminals, related
  180  transportation facility, warehousing and distribution, and
  181  associated office space, light industrial, manufacturing, and
  182  assembly uses;
  183         (b) Be proximate to one or more Strategic Intermodal
  184  System-designated highway facility for the purpose of
  185  facilitating regional freight traffic movements within the
  186  state;
  187         (c) Be located within 30 miles to an existing Strategic
  188  Intermodal System- or Emerging Strategic Intermodal System
  189  designated rail line;
  190         (d) Be located within 100 miles of a Strategic Intermodal
  191  System-designated seaport, for the purpose of providing
  192  additional relief for expansion of cargo storage and seaport
  193  movement capacity, and have a collaborative agreement, letter of
  194  interest, or memorandum of understanding with the seaport; and
  195         (e) Be consistent with market feasibility studies for
  196  location and size of a intermodal logistics center or an inland
  197  port facility as published by the Department of Transportation
  198  or other sources.
  200  If a planned facility is designated as an intermodal logistics
  201  center or inland logistics center, or the local equivalent, a
  202  local government must adopt a waiver of transportation
  203  concurrency or a limited exemption that allows up to 150 percent
  204  increase in the adopted level of service capacity standard for
  205  the project’s impact to roadway facilities on the Strategic
  206  Intermodal System.
  207         Section 6. Subsection (10) is added to section 373.026,
  208  Florida Statutes, to read:
  209         373.026 General powers and duties of the department.—The
  210  department, or its successor agency, shall be responsible for
  211  the administration of this chapter at the state level. However,
  212  it is the policy of the state that, to the greatest extent
  213  possible, the department may enter into interagency or
  214  interlocal agreements with any other state agency, any water
  215  management district, or any local government conducting programs
  216  related to or materially affecting the water resources of the
  217  state. All such agreements shall be subject to the provisions of
  218  s. 373.046. In addition to its other powers and duties, the
  219  department shall, to the greatest extent possible:
  220         (10) Expand the use of Internet-based self-certification
  221  services for appropriate exemptions and general permits issued
  222  by the department and the water management districts, if the
  223  expansion is economically feasible. In addition to expanding the
  224  use of Internet-based, self-certification services for
  225  appropriate exemptions and general permits, the department and
  226  the water management districts shall identify and develop
  227  general permits for appropriate activities currently requiring
  228  individual review which could be expedited through the use of
  229  applicable professional certification.
  230         Section 7. Section 373.306, Florida Statutes, is amended to
  231  read:
  232         373.306 Scope.—A No person may not shall construct, repair,
  233  abandon, or cause to be constructed, repaired, or abandoned, any
  234  water well contrary to the provisions of this part and
  235  applicable rules and regulations. This part does shall not apply
  236  to equipment used temporarily for dewatering purposes or to the
  237  process used in dewatering or to wells that have been authorized
  238  under the state’s underground injection control program pursuant
  239  to department rules.
  240         Section 8. Subsection (2) of section 373.4141, Florida
  241  Statutes, is amended, and subsection (4) is added to that
  242  section, to read:
  243         373.4141 Permits; processing.—
  244         (2) A permit shall be approved, or denied, or subject to a
  245  notice of proposed agency action within 60 90 days after receipt
  246  of the original application, the last item of timely requested
  247  additional material, or the applicant’s written request to begin
  248  processing the permit application.
  249         (4) A state agency or an agency of the state may not
  250  require as a condition of approval for a permit or as an item to
  251  complete a pending permit application that an applicant obtain a
  252  permit or approval from any other local, state, or federal
  253  agency without explicit statutory authority to require such
  254  permit or approval.
  255         Section 9. Section 373.4144, Florida Statutes, is amended
  256  to read:
  257         373.4144 Federal environmental permitting.—
  258         (1) It is the intent of the Legislature to facilitate the
  259  coordination of a more efficient process for implementing
  260  regulatory duties and functions between the Department of
  261  Environmental Protection, the water management districts, the
  262  United States Army Corps of Engineers, the United States Fish
  263  and Wildlife Service, the National Marine Fisheries Service, the
  264  United States Environmental Protection Agency, the Fish and
  265  Wildlife Conservation Commission, and other relevant federal and
  266  state agencies.
  267         (2) The Department of Environmental Protection may obtain
  268  issuance by the United States Army Corps of Engineers, pursuant
  269  to state and federal law and as set forth in this section, of an
  270  expanded state programmatic general permit, or a series of
  271  regional general permits, for categories of activities in waters
  272  of the United States governed by the Clean Water Act and in
  273  navigable waters under the Rivers and Harbors Act of 1899 which
  274  are similar in nature, which will cause only minimal adverse
  275  environmental effects when performed separately, and which will
  276  have only minimal cumulative adverse effects on the environment.
  277         (3) The Department of Environmental Protection may use a
  278  state general permit or a regional general permit to eliminate
  279  overlapping federal regulations and state rules that protect the
  280  same resource and to avoid duplication of permitting between the
  281  United States Army Corps of Engineers and the department for
  282  minor work located in waters of the United States, including
  283  navigable waters, and to eliminate, in appropriate cases, the
  284  need for a separate individual approval from the United States
  285  Army Corps of Engineers while ensuring the most stringent
  286  protection of wetland resources.
  287         (4) The department may not seek issuance of or take any
  288  action pursuant to a permit unless the conditions of that permit
  289  are at least as protective of the environment and natural
  290  resources as existing state law under this part and federal law
  291  under the Clean Water Act and the Rivers and Harbors Act of
  292  1899.
  293         (5) The department and the water management districts may
  294  implement a voluntary state programmatic general permit for all
  295  dredge and fill activities impacting 3 acres or less of wetlands
  296  or other surface waters, including navigable waters, subject to
  297  agreement with the United States Army Corps of Engineers, if the
  298  general permit is at least as protective of the environment and
  299  natural resources as existing state law under this part and
  300  federal law under the Clean Water Act and the Rivers and Harbors
  301  Act of 1899.
  302         (1) The department is directed to develop, on or before
  303  October 1, 2005, a mechanism or plan to consolidate, to the
  304  maximum extent practicable, the federal and state wetland
  305  permitting programs. It is the intent of the Legislature that
  306  all dredge and fill activities impacting 10 acres or less of
  307  wetlands or waters, including navigable waters, be processed by
  308  the state as part of the environmental resource permitting
  309  program implemented by the department and the water management
  310  districts. The resulting mechanism or plan shall analyze and
  311  propose the development of an expanded state programmatic
  312  general permit program in conjunction with the United States
  313  Army Corps of Engineers pursuant to s. 404 of the Clean Water
  314  Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
  315  and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,
  316  or in combination with an expanded state programmatic general
  317  permit, the mechanism or plan may propose the creation of a
  318  series of regional general permits issued by the United States
  319  Army Corps of Engineers pursuant to the referenced statutes. All
  320  of the regional general permits must be administered by the
  321  department or the water management districts or their designees.
  322         (2) The department is directed to file with the Speaker of
  323  the House of Representatives and the President of the Senate a
  324  report proposing any required federal and state statutory
  325  changes that would be necessary to accomplish the directives
  326  listed in this section and to coordinate with the Florida
  327  Congressional Delegation on any necessary changes to federal law
  328  to implement the directives.
  329         (6)(3)Nothing in This section does not shall be construed
  330  to preclude the department from pursuing a series of regional
  331  general permits for construction activities in wetlands or
  332  surface waters or from pursuing complete assumption of federal
  333  permitting programs regulating the discharge of dredged or fill
  334  material pursuant to s. 404 of the Clean Water Act, Pub. L. No.
  335  92-500, as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of the
  336  Rivers and Harbors Act of 1899, so long as the assumption
  337  encompasses all dredge and fill activities in, on, or over
  338  jurisdictional wetlands or waters, including navigable waters,
  339  within the state.
  340         Section 10. Present subsections (3), (4), and (5) of
  341  section 373.441, Florida Statutes, are renumbered as subsections
  342  (7), (8), and (9), respectively, and new subsections (3), (4),
  343  and (5) and subsection (6) are added to that section, to read:
  344         373.441 Role of counties, municipalities, and local
  345  pollution control programs in permit processing; delegation.—
  346         (3) A county or municipality that has a population of
  347  400,000 or more and that implements a local pollution control
  348  program regulating all or a portion of the wetlands or surface
  349  waters throughout its geographic boundary must apply for
  350  delegation of state environmental resource permitting authority
  351  before January 1, 2014. If the county or municipality fails to
  352  receive delegation of all or a portion of state environmental
  353  resource permitting authority within 2 years after submitting
  354  its application for delegation or by January 1, 2016, at the
  355  latest, it may not require permits that in part or in full are
  356  substantially similar to the requirements needed to obtain an
  357  environmental resource permit. A county or municipality that has
  358  received delegation before January 1, 2014, does not need to
  359  reapply.
  360         (4) The department may delegate state environmental
  361  resource permitting authority to local governments. The
  362  department must grant or deny an application for delegation of
  363  authority submitted by a county or municipality that meets the
  364  criteria in subsection (3) within 2 years after receipt of the
  365  application. If an application for delegation of authority is
  366  denied, any available legal challenge to the denial tolls the
  367  preemption deadline until resolution of the legal challenge.
  368  Upon delegation of authority to a qualified local government,
  369  the department and water management district may not regulate
  370  the activities delegated to the qualified local government
  371  within that jurisdiction.
  372         (5) This section does not prohibit or limit a local
  373  government that meets the criteria in subsection (3) from
  374  regulating wetlands or surface waters on or after January 1,
  375  2014, if the local government receives delegation of all or a
  376  portion of state environmental resource permitting authority
  377  within 2 years after submitting its application for the
  378  delegation.
  379         (6) Notwithstanding subsections (3), (4), and (5), this
  380  section does not apply to environmental resource permitting or
  381  reclamation applications for solid mineral mining and does not
  382  prohibit the application of local government regulations to any
  383  new solid mineral mine or any proposed addition to, change to,
  384  or expansion of an existing solid mineral mine.
  385         Section 11. Paragraph (b) of subsection (11) of section
  386  376.3071, Florida Statutes, is amended to read:
  387         376.3071 Inland Protection Trust Fund; creation; purposes;
  388  funding.—
  389         (11)
  390         (b) Low-scored site initiative.—Notwithstanding s.
  391  376.30711, any site with a priority ranking score of 10 points
  392  or less may voluntarily participate in the low-scored site
  393  initiative, whether or not the site is eligible for state
  394  restoration funding.
  395         1. To participate in the low-scored site initiative, the
  396  responsible party or property owner must affirmatively
  397  demonstrate that the following conditions are met:
  398         a. Upon reassessment pursuant to department rule, the site
  399  retains a priority ranking score of 10 points or less.
  400         b. No excessively contaminated soil, as defined by
  401  department rule, exists onsite as a result of a release of
  402  petroleum products.
  403         c. A minimum of 6 months of groundwater monitoring
  404  indicates that the plume is shrinking or stable.
  405         d. The release of petroleum products at the site does not
  406  adversely affect adjacent surface waters, including their
  407  effects on human health and the environment.
  408         e. The area of groundwater containing the petroleum
  409  products’ chemicals of concern is less than one-quarter acre and
  410  is confined to the source property boundaries of the real
  411  property on which the discharge originated.
  412         f. Soils onsite that are subject to human exposure found
  413  between land surface and 2 feet below land surface meet the soil
  414  cleanup target levels established by department rule or human
  415  exposure is limited by appropriate institutional or engineering
  416  controls.
  417         2. Upon affirmative demonstration of the conditions under
  418  subparagraph 1., the department shall issue a determination of
  419  “No Further Action.” Such determination acknowledges that
  420  minimal contamination exists onsite and that such contamination
  421  is not a threat to human health or the environment. If no
  422  contamination is detected, the department may issue a site
  423  rehabilitation completion order.
  424         3. Sites that are eligible for state restoration funding
  425  may receive payment of preapproved costs for the low-scored site
  426  initiative as follows:
  427         a. A responsible party or property owner may submit an
  428  assessment plan designed to affirmatively demonstrate that the
  429  site meets the conditions under subparagraph 1. Notwithstanding
  430  the priority ranking score of the site, the department may
  431  preapprove the cost of the assessment pursuant to s. 376.30711,
  432  including 6 months of groundwater monitoring, not to exceed
  433  $30,000 for each site. The department may not pay the costs
  434  associated with the establishment of institutional or
  435  engineering controls.
  436         b. The assessment work shall be completed no later than 6
  437  months after the department issues its approval.
  438         c. No more than $10 million for the low-scored site
  439  initiative may shall be encumbered from the Inland Protection
  440  Trust Fund in any fiscal year. Funds shall be made available on
  441  a first-come, first-served basis and shall be limited to 10
  442  sites in each fiscal year for each responsible party or property
  443  owner.
  444         d. Program deductibles, copayments, and the limited
  445  contamination assessment report requirements under paragraph
  446  (13)(c) do not apply to expenditures under this paragraph.
  447         Section 12. Section 376.30715, Florida Statutes, is amended
  448  to read:
  449         376.30715 Innocent victim petroleum storage system
  450  restoration.—A contaminated site acquired by the current owner
  451  before prior to July 1, 1990, which has ceased operating as a
  452  petroleum storage or retail business before prior to January 1,
  453  1985, is eligible for financial assistance pursuant to s.
  454  376.305(6), notwithstanding s. 376.305(6)(a). For purposes of
  455  this section, the term “acquired” means the acquisition of title
  456  to the property; however, a subsequent transfer of the property
  457  to a spouse or a child of the owner, a surviving spouse or a
  458  child of the owner in trust or free of trust, or a revocable
  459  trust created for the benefit of the settlor, or a corporate
  460  entity created by the owner to hold title to the site does not
  461  disqualify the site from financial assistance pursuant to s.
  462  376.305(6). Applicants previously denied coverage may reapply.
  463  Eligible sites shall be ranked in accordance with s.
  464  376.3071(5).
  465         Section 13. Subsection (1) of section 380.0657, Florida
  466  Statutes, is amended to read:
  467         380.0657 Expedited permitting process for economic
  468  development projects.—
  469         (1) The Department of Environmental Protection and, as
  470  appropriate, the water management districts created under
  471  chapter 373 shall adopt programs to expedite the processing of
  472  wetland resource and environmental resource permits for economic
  473  development projects that have been identified by a municipality
  474  or county as meeting the definition of target industry
  475  businesses under s. 288.106, or any inland multimodal facility
  476  receiving or sending cargo to or from state ports, with the
  477  exception of those projects requiring approval by the Board of
  478  Trustees of the Internal Improvement Trust Fund.
  479         Section 14. Paragraph (j) is added to subsection (5) of
  480  section 381.0065, Florida Statutes, to read:
  481         381.0065 Onsite sewage treatment and disposal systems;
  482  regulation.—
  484         (j) This subsection applies only to owners of onsite sewage
  485  treatment and disposal systems in a county in which the board of
  486  county commissioners has adopted a resolution subjecting owners
  487  to the requirements of the program and has submitted a copy of
  488  the resolution to the department.
  489         Section 15. Subsection (11) of section 403.061, Florida
  490  Statutes, is amended to read:
  491         403.061 Department; powers and duties.—The department shall
  492  have the power and the duty to control and prohibit pollution of
  493  air and water in accordance with the law and rules adopted and
  494  promulgated by it and, for this purpose, to:
  495         (11) Establish ambient air quality and water quality
  496  standards for the state as a whole or for any part thereof, and
  497  also standards for the abatement of excessive and unnecessary
  498  noise. The department may is authorized to establish reasonable
  499  zones of mixing for discharges into waters. For existing
  500  installations as defined by department rule, zones of discharge
  501  to groundwater are authorized to a facility’s or owner’s
  502  property boundary and extending to the base of a specifically
  503  designated aquifer or aquifers. Primary and secondary
  504  groundwater standards that are exceeded and that occur within a
  505  zone of discharge do not create a liability pursuant to this
  506  chapter or chapter 376 for site cleanup, and soil cleanup target
  507  levels that are exceeded are not a basis for enforcement or site
  508  cleanup.
  509         (a) If When a receiving body of water fails to meet a water
  510  quality standard for pollutants set forth in department rules, a
  511  steam electric generating plant discharge of pollutants that is
  512  existing or licensed under this chapter on July 1, 1984, may
  513  nevertheless be granted a mixing zone, provided that:
  514         1. The standard would not be met in the water body in the
  515  absence of the discharge;
  516         2. The discharge is in compliance with all applicable
  517  technology-based effluent limitations;
  518         3. The discharge does not cause a measurable increase in
  519  the degree of noncompliance with the standard at the boundary of
  520  the mixing zone; and
  521         4. The discharge otherwise complies with the mixing zone
  522  provisions specified in department rules.
  523         (b) A No mixing zone for point source discharges may not
  524  shall be permitted in Outstanding Florida Waters except for:
  525         1. Sources that have received permits from the department
  526  prior to April 1, 1982, or the date of designation, whichever is
  527  later;
  528         2. Blowdown from new power plants certified pursuant to the
  529  Florida Electrical Power Plant Siting Act;
  530         3. Discharges of water necessary for water management
  531  purposes which have been approved by the governing board of a
  532  water management district and, if required by law, by the
  533  secretary; and
  534         4. The discharge of demineralization concentrate which has
  535  been determined permittable under s. 403.0882 and which meets
  536  the specific provisions of s. 403.0882(4)(a) and (b), if the
  537  proposed discharge is clearly in the public interest.
  538         (c) The department, by rule, shall establish water quality
  539  criteria for wetlands which criteria give appropriate
  540  recognition to the water quality of such wetlands in their
  541  natural state.
  543  Nothing in This act does not shall be construed to invalidate
  544  any existing department rule relating to mixing zones. The
  545  department shall cooperate with the Department of Highway Safety
  546  and Motor Vehicles in the development of regulations required by
  547  s. 316.272(1).
  549  The department shall implement such programs in conjunction with
  550  its other powers and duties and shall place special emphasis on
  551  reducing and eliminating contamination that presents a threat to
  552  humans, animals or plants, or to the environment.
  553         Section 16. Subsection (7) of section 403.087, Florida
  554  Statutes, is amended to read:
  555         403.087 Permits; general issuance; denial; revocation;
  556  prohibition; penalty.—
  557         (7) A permit issued pursuant to this section does shall not
  558  become a vested right in the permittee. The department may
  559  revoke any permit issued by it if it finds that the permitholder
  560  has:
  561         (a) Has Submitted false or inaccurate information in the
  562  his or her application for the permit;
  563         (b) Has Violated law, department orders, rules, or
  564  regulations, or permit conditions;
  565         (c) Has Failed to submit operational reports or other
  566  information required by department rule which directly relates
  567  to the permit and has refused to correct or cure such violation
  568  when requested to do so or regulation; or
  569         (d) Has Refused lawful inspection under s. 403.091 at the
  570  facility authorized by the permit.
  571         Section 17. Subsection (2) of section 403.1838, Florida
  572  Statutes, is amended to read:
  573         403.1838 Small Community Sewer Construction Assistance
  574  Act.—
  575         (2) The department shall use funds specifically
  576  appropriated to award grants under this section to assist
  577  financially disadvantaged small communities with their needs for
  578  adequate sewer facilities. For purposes of this section, the
  579  term “financially disadvantaged small community” means a
  580  municipality that has with a population of 10,000 7,500 or fewer
  581  less, according to the latest decennial census and a per capita
  582  annual income less than the state per capita annual income as
  583  determined by the United States Department of Commerce.
  584         Section 18. Paragraph (f) of subsection (1) of section
  585  403.7045, Florida Statutes, is amended to read:
  586         403.7045 Application of act and integration with other
  587  acts.—
  588         (1) The following wastes or activities shall not be
  589  regulated pursuant to this act:
  590         (f) Industrial byproducts, if:
  591         1. A majority of the industrial byproducts are demonstrated
  592  to be sold, used, or reused within 1 year.
  593         2. The industrial byproducts are not discharged, deposited,
  594  injected, dumped, spilled, leaked, or placed upon any land or
  595  water so that such industrial byproducts, or any constituent
  596  thereof, may enter other lands or be emitted into the air or
  597  discharged into any waters, including groundwaters, or otherwise
  598  enter the environment such that a threat of contamination in
  599  excess of applicable department standards and criteria or a
  600  significant threat to public health is caused.
  601         3. The industrial byproducts are not hazardous wastes as
  602  defined under s. 403.703 and rules adopted under this section.
  604  Sludge from an industrial waste treatment work which meets the
  605  exemption requirements of this paragraph is not solid waste as
  606  defined in s. 403.703(32).
  607         Section 19. Subsections (2) and (3) of section 403.707,
  608  Florida Statutes, are amended to read:
  609         403.707 Permits.—
  610         (2) Except as provided in s. 403.722(6), a permit under
  611  this section is not required for the following, if the activity
  612  does not create a public nuisance or any condition adversely
  613  affecting the environment or public health and does not violate
  614  other state or local laws, ordinances, rules, regulations, or
  615  orders:
  616         (a) Disposal by persons of solid waste resulting from their
  617  own activities on their own property, if such waste is ordinary
  618  household waste from their residential property or is rocks,
  619  soils, trees, tree remains, and other vegetative matter that
  620  normally result from land development operations. Disposal of
  621  materials that could create a public nuisance or adversely
  622  affect the environment or public health, such as white goods;
  623  automotive materials, such as batteries and tires; petroleum
  624  products; pesticides; solvents; or hazardous substances, is not
  625  covered under this exemption.
  626         (b) Storage in containers by persons of solid waste
  627  resulting from their own activities on their property, leased or
  628  rented property, or property subject to a homeowners’ homeowners
  629  or maintenance association for which the person contributes
  630  association assessments, if the solid waste in such containers
  631  is collected at least once a week.
  632         (c) Disposal by persons of solid waste resulting from their
  633  own activities on their property, if the environmental effects
  634  of such disposal on groundwater and surface waters are:
  635         1. Addressed or authorized by a site certification order
  636  issued under part II or a permit issued by the department under
  637  this chapter or rules adopted pursuant to this chapter; or
  638         2. Addressed or authorized by, or exempted from the
  639  requirement to obtain, a groundwater monitoring plan approved by
  640  the department. If a facility has a permit authorizing disposal
  641  activity, a new area where solid waste is being disposed of
  642  which is monitored by an existing or modified groundwater
  643  monitoring plan is not required to be specifically authorized in
  644  a permit or other certification.
  645         (d) Disposal by persons of solid waste resulting from their
  646  own activities on their own property, if such disposal occurred
  647  prior to October 1, 1988.
  648         (e) Disposal of solid waste resulting from normal farming
  649  operations as defined by department rule. Polyethylene
  650  agricultural plastic, damaged, nonsalvageable, untreated wood
  651  pallets, and packing material that cannot be feasibly recycled,
  652  which are used in connection with agricultural operations
  653  related to the growing, harvesting, or maintenance of crops, may
  654  be disposed of by open burning if a public nuisance or any
  655  condition adversely affecting the environment or the public
  656  health is not created by the open burning and state or federal
  657  ambient air quality standards are not violated.
  658         (f) The use of clean debris as fill material in any area.
  659  However, this paragraph does not exempt any person from
  660  obtaining any other required permits, and does not affect a
  661  person’s responsibility to dispose of clean debris appropriately
  662  if it is not to be used as fill material.
  663         (g) Compost operations that produce less than 50 cubic
  664  yards of compost per year when the compost produced is used on
  665  the property where the compost operation is located.
  666         (3)(a) All applicable provisions of ss. 403.087 and
  667  403.088, relating to permits, apply to the control of solid
  668  waste management facilities.
  669         (b) A permit, including a general permit, issued to a solid
  670  waste management facility that is designed with a leachate
  671  control system meeting department requirements shall be issued
  672  for a term of 20 years unless the applicant requests a shorter
  673  permit term. Notwithstanding the limitations of s.
  674  403.087(6)(a), existing permit fees for a qualifying solid waste
  675  management facility shall be adjusted to the permit term
  676  authorized by this section. This paragraph applies to a
  677  qualifying solid waste management facility that applies for an
  678  operating or construction permit or renews an existing operating
  679  or construction permit on or after October 1, 2012.
  680         (c)A permit, including a general permit, but not including
  681  a registration, issued to a solid waste management facility that
  682  does not have a leachate control system meeting department
  683  requirements shall be renewed for a term of 10 years, unless the
  684  applicant requests a shorter term, if the following conditions
  685  are met:
  686         1.The applicant has conducted the regulated activity at
  687  the same site for which the renewal is sought for at least 4
  688  years and 6 months before the date that the permit application
  689  is received by the department; and
  690         2.At the time of applying for the renewal permit:
  691         a.The applicant is not subject to a notice of violation,
  692  consent order, or administrative order issued by the department
  693  for violation of an applicable law or rule;
  694         b.The department has not notified the applicant that the
  695  applicant is required to implement assessment or evaluation
  696  monitoring as a result of applicable groundwater standards or
  697  criteria being exceeded, or, if applicable, the applicant is
  698  completing corrective actions in accordance with applicable
  699  department rules; and
  700         c.The applicant is in compliance with the applicable
  701  financial assurance requirements.
  702         (d)The department may adopt rules to administer this
  703  subsection; however, the provisions of chapter 120 which require
  704  a statement of estimated regulatory cost and legislative
  705  ratification do not apply to such rulemaking, and the department
  706  is not required to submit the rules to the Environmental
  707  Regulation Commission for approval. Notwithstanding the
  708  limitations of s. 403.087(6)(a), permit fee caps for solid waste
  709  management facilities shall be prorated to reflect the extended
  710  permit term authorized by this subsection.
  711         Section 20. Subsection (5) is added to section 403.709,
  712  Florida Statutes, to read:
  713         403.709 Solid Waste Management Trust Fund; use of waste
  714  tire fees.—There is created the Solid Waste Management Trust
  715  Fund, to be administered by the department.
  716         (5) A solid waste landfill closure account is created
  717  within the Solid Waste Management Trust Fund to provide funding
  718  for the closing and long-term care of solid waste management
  719  facilities, if:
  720         (a)The facility has or had a department permit to operate;
  721         (b)The permittee provided proof of financial assurance for
  722  closure in the form of an insurance certificate;
  723         (c)The facility has been deemed to be abandoned or has
  724  been ordered to close by the department; and
  725         (d)Closure will be accomplished in substantial accordance
  726  with a closure plan approved by the department.
  728  The department has a reasonable expectation that the insurance
  729  company issuing the closure insurance policy will provide or
  730  reimburse most or all of the funds required to complete the
  731  closing and long-term care of the facility. If the insurance
  732  company reimburses the department for the costs of the closing
  733  or long-term care of the facility, the department shall deposit
  734  the funds into the solid waste landfill closure account.
  735         Section 21. Section 403.7125, Florida Statutes, is amended
  736  to read:
  737         403.7125 Financial assurance for closure.—
  738         (1) Each Every owner or operator of a landfill is jointly
  739  and severally liable for the improper operation and closure of
  740  the landfill, as provided by law. As used in this section, the
  741  term “owner or operator” means any owner of record of any
  742  interest in land wherein a landfill is or has been located and
  743  any person or corporation that owns a majority interest in any
  744  other corporation that is the owner or operator of a landfill.
  745         (2) The owner or operator of a landfill owned or operated
  746  by a local or state government or the Federal Government shall
  747  establish a fee, or a surcharge on existing fees or other
  748  appropriate revenue-producing mechanism, to ensure the
  749  availability of financial resources for the proper closure of
  750  the landfill. However, the disposal of solid waste by persons on
  751  their own property, as described in s. 403.707(2), is exempt
  752  from this section.
  753         (a) The revenue-producing mechanism must produce revenue at
  754  a rate sufficient to generate funds to meet state and federal
  755  landfill closure requirements.
  756         (b) The revenue shall be deposited in an interest-bearing
  757  escrow account to be held and administered by the owner or
  758  operator. The owner or operator shall file with the department
  759  an annual audit of the account. The audit shall be conducted by
  760  an independent certified public accountant. Failure to collect
  761  or report such revenue, except as allowed in subsection (3), is
  762  a noncriminal violation punishable by a fine of not more than
  763  $5,000 for each offense. The owner or operator may make
  764  expenditures from the account and its accumulated interest only
  765  for the purpose of landfill closure and, if such expenditures do
  766  not deplete the fund to the detriment of eventual closure, for
  767  planning and construction of resource recovery or landfill
  768  facilities. Any moneys remaining in the account after paying for
  769  proper and complete closure, as determined by the department,
  770  shall, if the owner or operator does not operate a landfill, be
  771  deposited by the owner or operator into the general fund or the
  772  appropriate solid waste fund of the local government of
  773  jurisdiction.
  774         (c) The revenue generated under this subsection and any
  775  accumulated interest thereon may be applied to the payment of,
  776  or pledged as security for, the payment of revenue bonds issued
  777  in whole or in part for the purpose of complying with state and
  778  federal landfill closure requirements. Such application or
  779  pledge may be made directly in the proceedings authorizing such
  780  bonds or in an agreement with an insurer of bonds to assure such
  781  insurer of additional security therefor.
  782         (d) The provisions of s. 212.055 which relate to raising of
  783  revenues for landfill closure or long-term maintenance do not
  784  relieve a landfill owner or operator from the obligations of
  785  this section.
  786         (e) The owner or operator of any landfill that had
  787  established an escrow account in accordance with this section
  788  and the conditions of its permit before prior to January 1,
  789  2007, may continue to use that escrow account to provide
  790  financial assurance for closure of that landfill, even if that
  791  landfill is not owned or operated by a local or state government
  792  or the Federal Government.
  793         (3) An owner or operator of a landfill owned or operated by
  794  a local or state government or by the Federal Government may
  795  provide financial assurance to the department in lieu of the
  796  requirements of subsection (2). An owner or operator of any
  797  other landfill, or any other solid waste management facility
  798  designated by department rule, shall provide financial assurance
  799  to the department for the closure of the facility. Such
  800  financial assurance may include surety bonds, certificates of
  801  deposit, securities, letters of credit, or other documents
  802  showing that the owner or operator has sufficient financial
  803  resources to cover, at a minimum, the costs of complying with
  804  applicable closure requirements. The owner or operator shall
  805  estimate such costs to the satisfaction of the department.
  806         (4) This section does not repeal, limit, or abrogate any
  807  other law authorizing local governments to fix, levy, or charge
  808  rates, fees, or charges for the purpose of complying with state
  809  and federal landfill closure requirements.
  810         (5) The department shall by rule require that the owner or
  811  operator of a solid waste management facility that receives
  812  waste on or after October 9, 1993, and that is required by
  813  department rule to undertake corrective actions for violations
  814  of water quality standards provide financial assurance for the
  815  cost of completing such corrective actions. The same financial
  816  assurance mechanisms that are available for closure costs shall
  817  be available for costs associated with undertaking corrective
  818  actions.
  819         (6)(5) The department shall adopt rules to implement this
  820  section.
  821         Section 22. Subsection (12) is added to section 403.814,
  822  Florida Statutes, to read:
  823         403.814 General permits; delegation.—
  824         (12) A general permit shall be granted for the
  825  construction, alteration, and maintenance of a surface water
  826  management system serving a total project area of up to 10
  827  acres. The construction of the system may proceed without any
  828  agency action by the department or water management district if:
  829         (a) The total project area is less than 10 acres;
  830         (b) The total project area involves less than 2 acres of
  831  impervious surface;
  832         (c) The activities will not impact wetlands or other
  833  surface waters;
  834         (d) The activities are not conducted in, on, or over
  835  wetlands or other surface waters;
  836         (e) Drainage facilities will not include pipes having
  837  diameters greater than 24 inches, or the hydraulic equivalent,
  838  and will not use pumps in any manner;
  839         (f) The project is not part of a larger common plan,
  840  development, or sale;
  841         (g) The project does not cause:
  842         1. Adverse water quantity or flooding impacts to receiving
  843  water and adjacent lands;
  844         2. Adverse impacts to existing surface water storage and
  845  conveyance capabilities;
  846         3. A violation of state water quality standards; or
  847         4. An adverse impact to the maintenance of surface or
  848  ground water levels or surface water flows established pursuant
  849  to s. 373.042 or a work of the district established pursuant to
  850  s. 373.086; and
  851         (h) The surface water management system design plans are
  852  signed and sealed by a Florida-registered professional who
  853  attests that the system will perform and function as proposed
  854  and has been designed in accordance with appropriate, generally
  855  accepted performance standards and scientific principles.
  856         Section 23. Subsection (6) of section 403.853, Florida
  857  Statutes, is amended to read:
  858         403.853 Drinking water standards.—
  859         (6) Upon the request of the owner or operator of a
  860  transient noncommunity water system using groundwater as a
  861  source of supply and serving religious institutions or
  862  businesses, other than restaurants or other public food service
  863  establishments or religious institutions with school or day care
  864  services, and using groundwater as a source of supply, the
  865  department, or a local county health department designated by
  866  the department, shall perform a sanitary survey of the facility.
  867  Upon receipt of satisfactory survey results according to
  868  department criteria, the department shall reduce the
  869  requirements of such owner or operator from monitoring and
  870  reporting on a quarterly basis to performing these functions on
  871  an annual basis. Any revised monitoring and reporting schedule
  872  approved by the department under this subsection shall apply
  873  until such time as a violation of applicable state or federal
  874  primary drinking water standards is determined by the system
  875  owner or operator, by the department, or by an agency designated
  876  by the department, after a random or routine sanitary survey.
  877  Certified operators are not required for transient noncommunity
  878  water systems of the type and size covered by this subsection.
  879  Any reports required of such system shall be limited to the
  880  minimum as required by federal law. When not contrary to the
  881  provisions of federal law, the department may, upon request and
  882  by rule, waive additional provisions of state drinking water
  883  regulations for such systems.
  884         Section 24. Paragraph (a) of subsection (3) and subsections
  885  (4), (5), (10), (11), (14), (15), and (18) of section 403.973,
  886  Florida Statutes, are amended to read:
  887         403.973 Expedited permitting; amendments to comprehensive
  888  plans.—
  889         (3)(a) The secretary shall direct the creation of regional
  890  permit action teams for the purpose of expediting review of
  891  permit applications and local comprehensive plan amendments
  892  submitted by:
  893         1. Businesses creating at least 50 jobs or a commercial or
  894  industrial development project that will be occupied by
  895  businesses that would individually or collectively create at
  896  least 50 jobs; or
  897         2. Businesses creating at least 25 jobs if the project is
  898  located in an enterprise zone, or in a county having a
  899  population of fewer than 75,000 or in a county having a
  900  population of fewer than 125,000 which is contiguous to a county
  901  having a population of fewer than 75,000, as determined by the
  902  most recent decennial census, residing in incorporated and
  903  unincorporated areas of the county.
  904         (4) The regional teams shall be established through the
  905  execution of a project-specific memorandum memoranda of
  906  agreement developed and executed by the applicant and the
  907  secretary, with input solicited from the Department of Economic
  908  Opportunity and the respective heads of the Department of
  909  Transportation and its district offices, the Department of
  910  Agriculture and Consumer Services, the Fish and Wildlife
  911  Conservation Commission, appropriate regional planning councils,
  912  appropriate water management districts, and voluntarily
  913  participating municipalities and counties. The memorandum
  914  memoranda of agreement should also accommodate participation in
  915  this expedited process by other local governments and federal
  916  agencies as circumstances warrant.
  917         (5) In order to facilitate local government’s option to
  918  participate in this expedited review process, the secretary
  919  shall, in cooperation with local governments and participating
  920  state agencies, create a standard form memorandum of agreement.
  921  The standard form of the memorandum of agreement shall be used
  922  only if the local government participates in the expedited
  923  review process. In the absence of local government
  924  participation, only the project-specific memorandum of agreement
  925  executed pursuant to subsection (4) applies. A local government
  926  shall hold a duly noticed public workshop to review and explain
  927  to the public the expedited permitting process and the terms and
  928  conditions of the standard form memorandum of agreement.
  929         (10) The memorandum memoranda of agreement may provide for
  930  the waiver or modification of procedural rules prescribing
  931  forms, fees, procedures, or time limits for the review or
  932  processing of permit applications under the jurisdiction of
  933  those agencies that are members of the regional permit action
  934  team party to the memoranda of agreement. Notwithstanding any
  935  other provision of law to the contrary, a memorandum of
  936  agreement must to the extent feasible provide for proceedings
  937  and hearings otherwise held separately by the parties to the
  938  memorandum of agreement to be combined into one proceeding or
  939  held jointly and at one location. Such waivers or modifications
  940  are not authorized shall not be available for permit
  941  applications governed by federally delegated or approved
  942  permitting programs, the requirements of which would prohibit,
  943  or be inconsistent with, such a waiver or modification.
  944         (11) The memorandum standard form for memoranda of
  945  agreement must shall include guidelines to be used in working
  946  with state, regional, and local permitting authorities.
  947  Guidelines may include, but are not limited to, the following:
  948         (a) A central contact point for filing permit applications
  949  and local comprehensive plan amendments and for obtaining
  950  information on permit and local comprehensive plan amendment
  951  requirements.;
  952         (b) Identification of the individual or individuals within
  953  each respective agency who will be responsible for processing
  954  the expedited permit application or local comprehensive plan
  955  amendment for that agency.;
  956         (c) A mandatory preapplication review process to reduce
  957  permitting conflicts by providing guidance to applicants
  958  regarding the permits needed from each agency and governmental
  959  entity, site planning and development, site suitability and
  960  limitations, facility design, and steps the applicant can take
  961  to ensure expeditious permit application and local comprehensive
  962  plan amendment review. As a part of this process, the first
  963  interagency meeting to discuss a project shall be held within 14
  964  days after the secretary’s determination that the project is
  965  eligible for expedited review. Subsequent interagency meetings
  966  may be scheduled to accommodate the needs of participating local
  967  governments that are unable to meet public notice requirements
  968  for executing a memorandum of agreement within this timeframe.
  969  This accommodation may not exceed 45 days from the secretary’s
  970  determination that the project is eligible for expedited
  971  review.;
  972         (d) The preparation of a single coordinated project
  973  description form and checklist and an agreement by state and
  974  regional agencies to reduce the burden on an applicant to
  975  provide duplicate information to multiple agencies.;
  976         (e) Establishment of a process for the adoption and review
  977  of any comprehensive plan amendment needed by any certified
  978  project within 90 days after the submission of an application
  979  for a comprehensive plan amendment. However, the memorandum of
  980  agreement may not prevent affected persons as defined in s.
  981  163.3184 from appealing or participating in this expedited plan
  982  amendment process and any review or appeals of decisions made
  983  under this paragraph.; and
  984         (f) Additional incentives for an applicant who proposes a
  985  project that provides a net ecosystem benefit.
  986         (14)(a) Challenges to state agency action in the expedited
  987  permitting process for projects processed under this section are
  988  subject to the summary hearing provisions of s. 120.574, except
  989  that the administrative law judge’s decision, as provided in s.
  990  120.574(2)(f), shall be in the form of a recommended order and
  991  do not constitute the final action of the state agency. In those
  992  proceedings where the action of only one agency of the state
  993  other than the Department of Environmental Protection is
  994  challenged, the agency of the state shall issue the final order
  995  within 45 working days after receipt of the administrative law
  996  judge’s recommended order, and the recommended order shall
  997  inform the parties of their right to file exceptions or
  998  responses to the recommended order in accordance with the
  999  uniform rules of procedure pursuant to s. 120.54. In those
 1000  proceedings where the actions of more than one agency of the
 1001  state are challenged, the Governor shall issue the final order
 1002  within 45 working days after receipt of the administrative law
 1003  judge’s recommended order, and the recommended order shall
 1004  inform the parties of their right to file exceptions or
 1005  responses to the recommended order in accordance with the
 1006  uniform rules of procedure pursuant to s. 120.54. For This
 1007  paragraph does not apply to the issuance of department licenses
 1008  required under any federally delegated or approved permit
 1009  program. In such instances, the department, and not the
 1010  Governor, shall enter the final order. The participating
 1011  agencies of the state may opt at the preliminary hearing
 1012  conference to allow the administrative law judge’s decision to
 1013  constitute the final agency action.
 1014         (b) Projects identified in paragraph (3)(f) or challenges
 1015  to state agency action in the expedited permitting process for
 1016  establishment of a state-of-the-art biomedical research
 1017  institution and campus in this state by the grantee under s.
 1018  288.955 are subject to the same requirements as challenges
 1019  brought under paragraph (a), except that, notwithstanding s.
 1020  120.574, summary proceedings must be conducted within 30 days
 1021  after a party files the motion for summary hearing, regardless
 1022  of whether the parties agree to the summary proceeding.
 1023         (15) The Department of Economic Opportunity, working with
 1024  the agencies providing cooperative assistance and input
 1025  regarding the memorandum memoranda of agreement, shall review
 1026  sites proposed for the location of facilities that the
 1027  Department of Economic Opportunity has certified to be eligible
 1028  for the Innovation Incentive Program under s. 288.1089. Within
 1029  20 days after the request for the review by the Department of
 1030  Economic Opportunity, the agencies shall provide to the
 1031  Department of Economic Opportunity a statement as to each site’s
 1032  necessary permits under local, state, and federal law and an
 1033  identification of significant permitting issues, which if
 1034  unresolved, may result in the denial of an agency permit or
 1035  approval or any significant delay caused by the permitting
 1036  process.
 1037         (18) The Department of Economic Opportunity, working with
 1038  the Rural Economic Development Initiative and the agencies
 1039  participating in the memoranda of agreement, shall provide
 1040  technical assistance in preparing permit applications and local
 1041  comprehensive plan amendments for counties having a population
 1042  of fewer than 75,000 residents, or counties having fewer than
 1043  125,000 residents which are contiguous to counties having fewer
 1044  than 75,000 residents. Additional assistance may include, but
 1045  not be limited to, guidance in land development regulations and
 1046  permitting processes, working cooperatively with state,
 1047  regional, and local entities to identify areas within these
 1048  counties which may be suitable or adaptable for preclearance
 1049  review of specified types of land uses and other activities
 1050  requiring permits.
 1051         Section 25. Subsection (1) of section 526.203, Florida
 1052  Statutes, is amended, and subsection (5) is added to that
 1053  section, to read:
 1054         526.203 Renewable fuel standard.—
 1055         (1) DEFINITIONS.—As used in this act:
 1056         (a) “Blender,” “importer,” “terminal supplier,” and
 1057  “wholesaler” are defined as provided in s. 206.01.
 1058         (b) “Blended gasoline” means a mixture of 90 to 91 percent
 1059  gasoline and 9 to 10 percent fuel ethanol or other renewable
 1060  fuel, by volume, which that meets the specifications as adopted
 1061  by the department. The fuel ethanol portion may be derived from
 1062  any agricultural source.
 1063         (c) “Fuel ethanol” means an anhydrous denatured alcohol
 1064  produced by the conversion of carbohydrates that meets the
 1065  specifications as adopted by the department.
 1066         (d) “Renewable fuel” means a fuel produced from renewable
 1067  biomass which is used to replace or reduce the quantity of
 1068  fossil fuel present in a transportation fuel.
 1069         (e)(d) “Unblended gasoline” means gasoline that has not
 1070  been blended with fuel ethanol and that meets the specifications
 1071  as adopted by the department.
 1072         (5) SALE OF UNBLENDED FUELS.—This section does not prohibit
 1073  the sale of unblended fuels for the uses exempted under
 1074  subsection (3).
 1075         Section 26. This act shall take effect July 1, 2012.
 1076  ================= T I T L E  A M E N D M E N T ================
 1078         And the title is amended as follows:
 1079         Delete everything before the enacting clause
 1080  and insert:
 1081                        A bill to be entitled                      
 1082         An act relating to environmental regulation; amending
 1083         s. 125.022, F.S.; prohibiting a county from requiring
 1084         an applicant to obtain a permit or approval from any
 1085         state or federal agency as a condition of processing a
 1086         development permit under certain conditions;
 1087         authorizing a county to attach certain disclaimers to
 1088         the issuance of a development permit; amending s.
 1089         166.033, F.S.; prohibiting a municipality from
 1090         requiring an applicant to obtain a permit or approval
 1091         from any state or federal agency as a condition of
 1092         processing a development permit under certain
 1093         conditions; authorizing a municipality to attach
 1094         certain disclaimers to the issuance of a development
 1095         permit; amending s. 218.075, F.S.; providing for the
 1096         reduction or waiver of permit processing fees relating
 1097         to projects that serve a public purpose for certain
 1098         entities created by special act, local ordinance, or
 1099         interlocal agreement; amending s. 258.397, F.S.;
 1100         providing an exemption from a showing of extreme
 1101         hardship relating to the sale, transfer, or lease of
 1102         sovereignty submerged lands in the Biscayne Bay
 1103         Aquatic Preserve for certain municipal applicants;
 1104         providing for additional dredging and filling
 1105         activities in the preserve; amending s. 339.63, F.S.;
 1106         providing exceptions to criteria required for system
 1107         facilities designated under the Strategic Intermodal
 1108         System; amending s. 373.026, F.S.; requiring the
 1109         Department of Environmental Protection to expand its
 1110         use of Internet-based self-certification services for
 1111         exemptions and permits issued by the department and
 1112         water management districts; amending s. 373.306, F.S.;
 1113         exempting underground injection control wells from
 1114         certain rules; amending s. 373.4141, F.S.; reducing
 1115         the time within which a permit must be approved,
 1116         denied, or subject to notice of proposed agency
 1117         action; prohibiting a state agency or an agency of the
 1118         state from requiring additional permits or approval
 1119         from a local, state, or federal agency without
 1120         explicit authority; amending s. 373.4144, F.S.;
 1121         providing legislative intent with respect to the
 1122         coordination of regulatory duties among specified
 1123         state and federal agencies; encouraging expanded use
 1124         of the state programmatic general permit or regional
 1125         general permits; providing for a voluntary state
 1126         programmatic general permit for certain dredge and
 1127         fill activities; amending s. 373.441, F.S.; requiring
 1128         that certain counties or municipalities apply by a
 1129         specified date to the department or water management
 1130         district for authority to require certain permits;
 1131         providing that following such delegation, the
 1132         department or district may not regulate activities
 1133         that are subject to the delegation; clarifying the
 1134         authority of local governments to adopt pollution
 1135         control programs under certain conditions; providing
 1136         applicability with respect to solid mineral mining;
 1137         amending s. 376.3071, F.S.; exempting program
 1138         deductibles, copayments, and certain assessment report
 1139         requirements from expenditures under the low-scored
 1140         site initiative; amending s. 376.30715, F.S.;
 1141         providing that the transfer of a contaminated site
 1142         from an owner to a child of the owner or corporate
 1143         entity does not disqualify the site from the innocent
 1144         victim petroleum storage system restoration financial
 1145         assistance program; authorizing certain applicants to
 1146         reapply for financial assistance; amending s.
 1147         380.0657, F.S.; authorizing expedited permitting for
 1148         certain inland multimodal facilities; amending s.
 1149         381.0065, F.S.; limiting applicability of the onsite
 1150         sewage treatment and disposal system evaluation and
 1151         assessment program; amending s. 403.061, F.S.;
 1152         requiring the department to establish reasonable zones
 1153         of mixing for discharges into specified waters;
 1154         providing that certain groundwater standards that are
 1155         exceeded do not create liability for site cleanup;
 1156         providing that certain soil cleanup target levels that
 1157         are exceeded are not a basis for enforcement or
 1158         cleanup; amending s. 403.087, F.S.; revising
 1159         conditions under which the department is authorized to
 1160         revoke permits for sources of air and water pollution;
 1161         amending s. 403.1838, F.S.; revising the definition of
 1162         the term “financially disadvantaged small community”
 1163         for the purposes of the Small Community Sewer
 1164         Construction Assistance Act; amending s. 403.7045,
 1165         F.S.; providing conditions under which sludge from an
 1166         industrial waste treatment work is not solid waste;
 1167         amending s. 403.707, F.S.; exempting the disposal of
 1168         solid waste monitored by certain groundwater
 1169         monitoring plans from specific authorization;
 1170         extending the duration of all permits issued to solid
 1171         waste management facilities that meet specified
 1172         criteria; providing an exception; providing for
 1173         prorated permit fees; providing applicability;
 1174         specifying a permit term for a solid waste management
 1175         facility that does not have a leachate control system
 1176         meeting the requirements of the department under
 1177         certain conditions; authorizing the department to
 1178         adopt rules; providing that the department is not
 1179         required to submit the rules to the Environmental
 1180         Regulation Commission for approval; requiring that
 1181         permit fee caps for solid waste management facilities
 1182         be prorated to reflect the extended permit term;
 1183         amending s. 403.709, F.S.; creating a solid waste
 1184         landfill closure account within the Solid Waste
 1185         Management Trust Fund to fund the closing and long
 1186         term care of solid waste facilities under certain
 1187         circumstances; requiring that the department deposit
 1188         funds that are reimbursed into the solid waste
 1189         landfill closure account; amending s. 403.7125, F.S.;
 1190         requiring that the department require by rule that the
 1191         owner or operator of a solid waste management facility
 1192         receiving waste after a specified date provide
 1193         financial assurance for the cost of completing
 1194         corrective action for violations of water quality
 1195         standards; amending s. 403.814, F.S.; providing for
 1196         issuance of general permits for the construction,
 1197         alteration, and maintenance of certain surface water
 1198         management systems under certain circumstances;
 1199         specifying conditions for the construction of the
 1200         system without any action by the department or water
 1201         management district; amending s. 403.853, F.S.;
 1202         providing for the department, or a local county health
 1203         department designated by the department, to perform
 1204         sanitary surveys for certain transient noncommunity
 1205         water systems; amending s. 403.973, F.S.; authorizing
 1206         expedited permitting for certain commercial or
 1207         industrial development projects that individually or
 1208         collectively will create a minimum number of jobs;
 1209         providing for a project-specific memorandum of
 1210         agreement to apply to a project subject to expedited
 1211         permitting; clarifying the authority of the department
 1212         to enter final orders for the issuance of certain
 1213         licenses; revising criteria for the review of certain
 1214         sites; amending s. 526.203, F.S.; revising the
 1215         definition of the term “blended gasoline”; defining
 1216         the term “renewable fuel”; authorizing the sale of
 1217         unblended fuels for certain uses; providing an
 1218         effective date.