Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 716
                                Barcode 737914                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/06/2012           .                                

       The Committee on Environmental Preservation and Conservation
       (Jones) recommended the following:
    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.—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. For any development permit
   14  application filed with the county after July 1, 2012, a county
   15  may not require as a condition of processing or issuing a
   16  development permit that an applicant obtain a permit or approval
   17  from any state or federal agency unless the agency has issued a
   18  final agency action that denies the federal or state permit
   19  before the county action on the local development permit.
   20  Issuance of a development permit by a county does not in any way
   21  create any rights on the part of the applicant to obtain a
   22  permit from a state or federal agency and does not create any
   23  liability on the part of the county for issuance of the permit
   24  if the applicant fails to obtain requisite approvals or fulfill
   25  the obligations imposed by a state or federal agency or
   26  undertakes actions that result in a violation of state or
   27  federal law. A county may attach such a disclaimer to the
   28  issuance of a development permit and may include a permit
   29  condition that all other applicable state or federal permits be
   30  obtained before commencement of the development. This section
   31  does not prohibit a county from providing information to an
   32  applicant regarding what other state or federal permits may
   33  apply.
   34         Section 2. Subsection (5) is added to section 161.041,
   35  Florida Statutes, to read:
   36         161.041 Permits required.—
   37         (5) Notwithstanding any other provision of law, the
   38  department may issue a permit pursuant to this part in advance
   39  of the issuance of an incidental take authorization as provided
   40  under the Endangered Species Act and its implementing
   41  regulations if the permit and authorization include a condition
   42  requiring that authorized activities not begin until the
   43  incidental take authorization is issued.
   44         Section 3. Section 166.033, Florida Statutes, is amended to
   45  read:
   46         166.033 Development permits.—When a municipality denies an
   47  application for a development permit, the municipality shall
   48  give written notice to the applicant. The notice must include a
   49  citation to the applicable portions of an ordinance, rule,
   50  statute, or other legal authority for the denial of the permit.
   51  As used in this section, the term “development permit” has the
   52  same meaning as in s. 163.3164. For any development permit
   53  application filed with the municipality after July 1, 2012, a
   54  municipality may not require as a condition of processing or
   55  issuing a development permit that an applicant obtain a permit
   56  or approval from any state or federal agency unless the agency
   57  has issued a final agency action that denies the federal or
   58  state permit before the municipal action on the local
   59  development permit. Issuance of a development permit by a
   60  municipality does not in any way create any right on the part of
   61  an applicant to obtain a permit from a state or federal agency
   62  and does not create any liability on the part of the
   63  municipality for issuance of the permit if the applicant fails
   64  to obtain requisite approvals or fulfill the obligations imposed
   65  by a state or federal agency or undertakes actions that result
   66  in a violation of state or federal law. A municipality may
   67  attach such a disclaimer to the issuance of development permits
   68  and may include a permit condition that all other applicable
   69  state or federal permits be obtained before commencement of the
   70  development. This section does not prohibit a municipality from
   71  providing information to an applicant regarding what other state
   72  or federal permits may apply.
   73         Section 4. Section 218.075, Florida Statutes, is amended to
   74  read:
   75         218.075 Reduction or waiver of permit processing fees.
   76  Notwithstanding any other provision of law, the Department of
   77  Environmental Protection and the water management districts
   78  shall reduce or waive permit processing fees for counties with a
   79  population of 50,000 or less on April 1, 1994, until such
   80  counties exceed a population of 75,000 and municipalities with a
   81  population of 25,000 or less, or for an entity created by
   82  special act, local ordinance, or interlocal agreement of such
   83  counties or municipalities, or for any county or municipality
   84  not included within a metropolitan statistical area. Fee
   85  reductions or waivers shall be approved on the basis of fiscal
   86  hardship or environmental need for a particular project or
   87  activity. The governing body must certify that the cost of the
   88  permit processing fee is a fiscal hardship due to one of the
   89  following factors:
   90         (1) Per capita taxable value is less than the statewide
   91  average for the current fiscal year;
   92         (2) Percentage of assessed property value that is exempt
   93  from ad valorem taxation is higher than the statewide average
   94  for the current fiscal year;
   95         (3) Any condition specified in s. 218.503(1) which results
   96  in the county or municipality being in a state of financial
   97  emergency;
   98         (4) Ad valorem operating millage rate for the current
   99  fiscal year is greater than 8 mills; or
  100         (5) A financial condition that is documented in annual
  101  financial statements at the end of the current fiscal year and
  102  indicates an inability to pay the permit processing fee during
  103  that fiscal year.
  105         The permit applicant must be the governing body of a county
  106  or municipality or a third party under contract with a county or
  107  municipality or an entity created by special act, local
  108  ordinance, or interlocal agreement and the project for which the
  109  fee reduction or waiver is sought must serve a public purpose.
  110  If a permit processing fee is reduced, the total fee shall not
  111  exceed $100.
  112         Section 5. Paragraph (a) of subsection (3) of section
  113  258.397, Florida Statutes, is amended to read:
  114         258.397 Biscayne Bay Aquatic Preserve.—
  115         (3) AUTHORITY OF TRUSTEES.—The Board of Trustees of the
  116  Internal Improvement Trust Fund is authorized and directed to
  117  maintain the aquatic preserve hereby created pursuant and
  118  subject to the following provisions:
  119         (a) No further Sale, transfer, or lease of sovereignty
  120  submerged lands in the preserve may not shall be approved or
  121  consummated by the board of trustees, except upon a showing of
  122  extreme hardship on the part of the applicant and a
  123  determination by the board of trustees that such sale, transfer,
  124  or lease is in the public interest. A municipal applicant
  125  proposing a public waterfront promenade is exempt from showing
  126  extreme hardship.
  127         Section 6. Subsection (10) is added to section 373.026,
  128  Florida Statutes, to read:
  129         373.026 General powers and duties of the department.—The
  130  department, or its successor agency, shall be responsible for
  131  the administration of this chapter at the state level. However,
  132  it is the policy of the state that, to the greatest extent
  133  possible, the department may enter into interagency or
  134  interlocal agreements with any other state agency, any water
  135  management district, or any local government conducting programs
  136  related to or materially affecting the water resources of the
  137  state. All such agreements shall be subject to the provisions of
  138  s. 373.046. In addition to its other powers and duties, the
  139  department shall, to the greatest extent possible:
  140         (10) Expand the use of Internet-based self-certification
  141  services for appropriate exemptions and general permits issued
  142  by the department and the water management districts, if such
  143  expansion is economically feasible. In addition to expanding the
  144  use of Internet-based self-certification services for
  145  appropriate exemptions and general permits, the department and
  146  water management districts shall identify and develop general
  147  permits for appropriate activities currently requiring
  148  individual review which could be expedited through the use of
  149  applicable professional certification.
  150         Section 7. Subsection (3) is added to section 373.326,
  151  Florida Statutes, to read:
  152         373.326 Exemptions.—
  153         (3) A permit may not be required under this part for any
  154  well authorized pursuant to ss. 403.061 and 403.087 under the
  155  State Underground Injection Control Program identified in
  156  chapter 62-528, Florida Administrative Code, as Class I, Class
  157  II, Class III, Class IV, or Class V Groups 2-9. However, such
  158  wells must be constructed by persons who have obtained a license
  159  pursuant to s. 373.323 as otherwise required by law.
  160         Section 8. Subsection (2) of section 373.4141, Florida
  161  Statutes, is amended, and subsection (4) is added to that
  162  section, to read:
  163         373.4141 Permits; processing.—
  164         (2) A permit shall be approved, or denied, or subject to a
  165  notice of proposed agency action within 60 90 days after receipt
  166  of the original application, the last item of timely requested
  167  additional material, or the applicant’s written request to begin
  168  processing the permit application.
  169         (4) A state agency or an agency of the state may not
  170  require as a condition of approval for a permit or as an item to
  171  complete a pending permit application that an applicant obtain a
  172  permit or approval from any other local, state, or federal
  173  agency without explicit statutory authority to require such
  174  permit or approval.
  175         Section 9. Section 373.4144, Florida Statutes, is amended
  176  to read:
  177         373.4144 Federal environmental permitting.—
  178         (1) It is the intent of the Legislature to:
  179         (a) Facilitate coordination and a more efficient process of
  180  implementing regulatory duties and functions between the
  181  Department of Environmental Protection, the water management
  182  districts, the United States Army Corps of Engineers, the United
  183  States Fish and Wildlife Service, the National Marine Fisheries
  184  Service, the United States Environmental Protection Agency, the
  185  Fish and Wildlife Conservation Commission, and other relevant
  186  federal and state agencies.
  187         (b) Authorize the Department of Environmental Protection to
  188  obtain issuance by the United States Army Corps of Engineers,
  189  pursuant to state and federal law and as set forth in this
  190  section, of an expanded state programmatic general permit, or a
  191  series of regional general permits, for categories of activities
  192  in waters of the United States governed by the Clean Water Act
  193  and in navigable waters under the Rivers and Harbors Act of 1899
  194  which are similar in nature, which will cause only minimal
  195  adverse environmental effects when performed separately, and
  196  which will have only minimal cumulative adverse effects on the
  197  environment.
  198         (c) Use the mechanism of such a state general permit or
  199  such regional general permits to eliminate overlapping federal
  200  regulations and state rules that seek to protect the same
  201  resource and to avoid duplication of permitting between the
  202  United States Army Corps of Engineers and the department for
  203  minor work located in waters of the United States, including
  204  navigable waters, thus eliminating, in appropriate cases, the
  205  need for a separate individual approval from the United States
  206  Army Corps of Engineers while ensuring the most stringent
  207  protection of wetland resources.
  208         (d) Direct the department not to seek issuance of or take
  209  any action pursuant to any such permit or permits unless such
  210  conditions are at least as protective of the environment and
  211  natural resources as existing state law under this part and
  212  federal law under the Clean Water Act and the Rivers and Harbors
  213  Act of 1899. The department is directed to develop, on or before
  214  October 1, 2005, a mechanism or plan to consolidate, to the
  215  maximum extent practicable, the federal and state wetland
  216  permitting programs. It is the intent of the Legislature that
  217  all dredge and fill activities impacting 10 acres or less of
  218  wetlands or waters, including navigable waters, be processed by
  219  the state as part of the environmental resource permitting
  220  program implemented by the department and the water management
  221  districts. The resulting mechanism or plan shall analyze and
  222  propose the development of an expanded state programmatic
  223  general permit program in conjunction with the United States
  224  Army Corps of Engineers pursuant to s. 404 of the Clean Water
  225  Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
  226  and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,
  227  or in combination with an expanded state programmatic general
  228  permit, the mechanism or plan may propose the creation of a
  229  series of regional general permits issued by the United States
  230  Army Corps of Engineers pursuant to the referenced statutes. All
  231  of the regional general permits must be administered by the
  232  department or the water management districts or their designees.
  233         (2) In order to effectuate efficient wetland permitting and
  234  avoid duplication, the department and water management districts
  235  are authorized to implement a voluntary state programmatic
  236  general permit for all dredge and fill activities impacting 3
  237  acres or less of wetlands or other surface waters, including
  238  navigable waters, subject to agreement with the United States
  239  Army Corps of Engineers, if the general permit is at least as
  240  protective of the environment and natural resources as existing
  241  state law under this part and federal law under the Clean Water
  242  Act and the Rivers and Harbors Act of 1899. The department is
  243  directed to file with the Speaker of the House of
  244  Representatives and the President of the Senate a report
  245  proposing any required federal and state statutory changes that
  246  would be necessary to accomplish the directives listed in this
  247  section and to coordinate with the Florida Congressional
  248  Delegation on any necessary changes to federal law to implement
  249  the directives.
  250         (3) Nothing in This section may not shall be construed to
  251  preclude the department from pursuing a series of regional
  252  general permits for construction activities in wetlands or
  253  surface waters or complete assumption of federal permitting
  254  programs regulating the discharge of dredged or fill material
  255  pursuant to s. 404 of the Clean Water Act, Pub. L. No. 92-500,
  256  as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers
  257  and Harbors Act of 1899, so long as the assumption encompasses
  258  all dredge and fill activities in, on, or over jurisdictional
  259  wetlands or waters, including navigable waters, within the
  260  state.
  261         Section 10. Subsection (11) of section 376.3071, Florida
  262  Statutes, is amended to read:
  263         376.3071 Inland Protection Trust Fund; creation; purposes;
  264  funding.—
  265         (11) SITE CLEANUP.—
  266         (a) Voluntary cleanup.Nothing in This section shall does
  267  not be deemed to prohibit a person from conducting site
  268  rehabilitation either through his or her own personnel or
  269  through responsible response action contractors or
  270  subcontractors when such person is not seeking site
  271  rehabilitation funding from the fund. Such voluntary cleanups
  272  must meet all applicable environmental standards.
  273         (b) Low-scored site initiative.—Notwithstanding s.
  274  376.30711, any site with a priority ranking score of 29 10
  275  points or less may voluntarily participate in the low-scored
  276  site initiative, whether or not the site is eligible for state
  277  restoration funding.
  278         1. To participate in the low-scored site initiative, the
  279  responsible party or property owner must affirmatively
  280  demonstrate that the following conditions are met:
  281         a. Upon reassessment pursuant to department rule, the site
  282  retains a priority ranking score of 29 10 points or less.
  283         b. No excessively contaminated soil, as defined by
  284  department rule, exists onsite as a result of a release of
  285  petroleum products.
  286         c. A minimum of 6 months of groundwater monitoring
  287  indicates that the plume is shrinking or stable.
  288         d. The release of petroleum products at the site does not
  289  adversely affect adjacent surface waters, including their
  290  effects on human health and the environment.
  291         e. The area of groundwater containing the petroleum
  292  products’ chemicals of concern is less than one-quarter acre and
  293  is confined to the source property boundaries of the real
  294  property on which the discharge originated.
  295         f. Soils onsite that are subject to human exposure found
  296  between land surface and 2 feet below land surface meet the soil
  297  cleanup target levels established by department rule or human
  298  exposure is limited by appropriate institutional or engineering
  299  controls.
  300         2. Upon affirmative demonstration of the conditions under
  301  subparagraph 1., the department shall issue a determination of
  302  “No Further Action.” Such determination acknowledges that
  303  minimal contamination exists onsite and that such contamination
  304  is not a threat to human health or the environment. If no
  305  contamination is detected, the department may issue a site
  306  rehabilitation completion order.
  307         3. Sites that are eligible for state restoration funding
  308  may receive payment of preapproved costs for the low-scored site
  309  initiative as follows:
  310         a. A responsible party or property owner may submit an
  311  assessment plan designed to affirmatively demonstrate that the
  312  site meets the conditions under subparagraph 1. Notwithstanding
  313  the priority ranking score of the site, the department may
  314  preapprove the cost of the assessment pursuant to s. 376.30711,
  315  including 6 months of groundwater monitoring, not to exceed
  316  $30,000 for each site. The department may not pay the costs
  317  associated with the establishment of institutional or
  318  engineering controls.
  319         b. The assessment work shall be completed no later than 6
  320  months after the department issues its approval.
  321         c. No more than $10 million for the low-scored site
  322  initiative may shall be encumbered from the Inland Protection
  323  Trust Fund in any fiscal year. Funds shall be made available on
  324  a first-come, first-served basis and shall be limited to 10
  325  sites in each fiscal year for each responsible party or property
  326  owner.
  327         d. Program deductibles, copayments, and the limited
  328  contamination assessment report requirements under paragraph
  329  (13)(c) do not apply to expenditures under this paragraph.
  330         Section 11. Section 376.30715, Florida Statutes, is amended
  331  to read:
  332         376.30715 Innocent victim petroleum storage system
  333  restoration.—A contaminated site acquired by the current owner
  334  prior to July 1, 1990, which has ceased operating as a petroleum
  335  storage or retail business prior to January 1, 1985, is eligible
  336  for financial assistance pursuant to s. 376.305(6),
  337  notwithstanding s. 376.305(6)(a). For purposes of this section,
  338  the term “acquired” means the acquisition of title to the
  339  property; however, a subsequent transfer of the property to a
  340  spouse or child of the owner, a surviving spouse or child of the
  341  owner in trust or free of trust, or a revocable trust created
  342  for the benefit of the settlor, or a corporate entity created by
  343  the owner to hold title to the site does not disqualify the site
  344  from financial assistance pursuant to s. 376.305(6) and
  345  applicants previously denied coverage may reapply. Eligible
  346  sites shall be ranked in accordance with s. 376.3071(5).
  347         Section 12. Subsection (1) of section 380.0657, Florida
  348  Statutes, is amended to read:
  349         380.0657 Expedited permitting process for economic
  350  development projects.—
  351         (1) The Department of Environmental Protection and, as
  352  appropriate, the water management districts created under
  353  chapter 373 shall adopt programs to expedite the processing of
  354  wetland resource and environmental resource permits for economic
  355  development projects that have been identified by a municipality
  356  or county as meeting the definition of target industry
  357  businesses under s. 288.106, or any intermodal logistics center
  358  receiving or sending cargo to or from Florida ports, with the
  359  exception of those projects requiring approval by the Board of
  360  Trustees of the Internal Improvement Trust Fund.
  361         Section 13. Subsection (11) of section 403.061, Florida
  362  Statutes, is amended to read:
  363         403.061 Department; powers and duties.—The department shall
  364  have the power and the duty to control and prohibit pollution of
  365  air and water in accordance with the law and rules adopted and
  366  promulgated by it and, for this purpose, to:
  367         (11) Establish ambient air quality and water quality
  368  standards for the state as a whole or for any part thereof, and
  369  also standards for the abatement of excessive and unnecessary
  370  noise. The department is authorized to establish reasonable
  371  zones of mixing for discharges into waters. For existing
  372  installations as defined by rule 62-520.200(10), Florida
  373  Administrative Code, effective July 12, 2009, zones of discharge
  374  to groundwater are authorized horizontally to a facility’s or
  375  owner’s property boundary and extending vertically to the base
  376  of a specifically designated aquifer or aquifers. Such zones of
  377  discharge may be modified in accordance with procedures
  378  specified in department rules. Exceedance of primary and
  379  secondary groundwater standards that occur within a zone of
  380  discharge does not create liability pursuant to this chapter or
  381  chapter 376 for site cleanup, and the exceedance of soil cleanup
  382  target levels is not a basis for enforcement or site cleanup.
  383         (a) When a receiving body of water fails to meet a water
  384  quality standard for pollutants set forth in department rules, a
  385  steam electric generating plant discharge of pollutants that is
  386  existing or licensed under this chapter on July 1, 1984, may
  387  nevertheless be granted a mixing zone, provided that:
  388         1. The standard would not be met in the water body in the
  389  absence of the discharge;
  390         2. The discharge is in compliance with all applicable
  391  technology-based effluent limitations;
  392         3. The discharge does not cause a measurable increase in
  393  the degree of noncompliance with the standard at the boundary of
  394  the mixing zone; and
  395         4. The discharge otherwise complies with the mixing zone
  396  provisions specified in department rules.
  397         (b) No Mixing zones zone for point source discharges are
  398  not shall be permitted in Outstanding Florida Waters except for:
  399         1. Sources that have received permits from the department
  400  prior to April 1, 1982, or the date of designation, whichever is
  401  later;
  402         2. Blowdown from new power plants certified pursuant to the
  403  Florida Electrical Power Plant Siting Act;
  404         3. Discharges of water necessary for water management
  405  purposes which have been approved by the governing board of a
  406  water management district and, if required by law, by the
  407  secretary; and
  408         4. The discharge of demineralization concentrate which has
  409  been determined permittable under s. 403.0882 and which meets
  410  the specific provisions of s. 403.0882(4)(a) and (b), if the
  411  proposed discharge is clearly in the public interest.
  412         (c) The department, by rule, shall establish water quality
  413  criteria for wetlands which criteria give appropriate
  414  recognition to the water quality of such wetlands in their
  415  natural state.
  417         Nothing in This act may not shall be construed to
  418  invalidate any existing department rule relating to mixing
  419  zones. The department shall cooperate with the Department of
  420  Highway Safety and Motor Vehicles in the development of
  421  regulations required by s. 316.272(1).
  423         The department shall implement such programs in conjunction
  424  with its other powers and duties and shall place special
  425  emphasis on reducing and eliminating contamination that presents
  426  a threat to humans, animals or plants, or to the environment.
  427         Section 14. Subsection (7) of section 403.087, Florida
  428  Statutes, is amended to read:
  429         403.087 Permits; general issuance; denial; revocation;
  430  prohibition; penalty.—
  431         (7) A permit issued pursuant to this section does shall not
  432  become a vested right in the permittee. The department may
  433  revoke any permit issued by it if it finds that the permitholder
  434  has:
  435         (a) Has Submitted false or inaccurate information in the
  436  his or her application for the permit;
  437         (b) Has Violated law, department orders, rules, or
  438  regulations, or permit conditions which directly relate to the
  439  permit;
  440         (c) Has Failed to submit operational reports or other
  441  information required by department rule which directly relate to
  442  the permit and has refused to correct or cure such violations
  443  when requested to do so or regulation; or
  444         (d) Has Refused lawful inspection under s. 403.091 at the
  445  facility authorized by the permit.
  446         Section 15. Subsection (2) of section 403.1838, Florida
  447  Statutes, is amended to read:
  448         403.1838 Small Community Sewer Construction Assistance
  449  Act.—
  450         (2) The department shall use funds specifically
  451  appropriated to award grants under this section to assist
  452  financially disadvantaged small communities with their needs for
  453  adequate sewer facilities. For purposes of this section, the
  454  term “financially disadvantaged small community” means a
  455  municipality that has with a population of 10,000 7,500 or fewer
  456  less, according to the latest decennial census and a per capita
  457  annual income less than the state per capita annual income as
  458  determined by the United States Department of Commerce.
  459         Section 16. Paragraph (f) of subsection (1) of section
  460  403.7045, Florida Statutes, is amended to read:
  461         403.7045 Application of act and integration with other
  462  acts.—
  463         (1) The following wastes or activities shall not be
  464  regulated pursuant to this act:
  465         (f) Industrial byproducts, if:
  466         1. A majority of the industrial byproducts are demonstrated
  467  to be sold, used, or reused within 1 year.
  468         2. The industrial byproducts are not discharged, deposited,
  469  injected, dumped, spilled, leaked, or placed upon any land or
  470  water so that such industrial byproducts, or any constituent
  471  thereof, may enter other lands or be emitted into the air or
  472  discharged into any waters, including groundwaters, or otherwise
  473  enter the environment such that a threat of contamination in
  474  excess of applicable department standards and criteria or a
  475  significant threat to public health is caused.
  476         3. The industrial byproducts are not hazardous wastes as
  477  defined under s. 403.703 and rules adopted under this section.
  479         Sludge from an industrial waste treatment works that meets
  480  the exemption requirements of this paragraph is not solid waste
  481  as defined in s. 403.703(32).
  482         Section 17. Paragraph (a) of subsection (4) of section
  483  403.706, Florida Statutes, is amended to read:
  484         403.706 Local government solid waste responsibilities.—
  485         (4)(a) In order to promote the production of renewable
  486  energy from solid waste, each megawatt-hour produced by a
  487  renewable energy facility using solid waste as a fuel shall
  488  count as 1 ton of recycled material and shall be applied toward
  489  meeting the recycling goals set forth in this section. If a
  490  county creating renewable energy from solid waste implements and
  491  maintains a program to recycle at least 50 percent of municipal
  492  solid waste by a means other than creating renewable energy,
  493  that county shall count 1.25 2 tons of recycled material for
  494  each megawatt-hour produced. If waste originates from a county
  495  other than the county in which the renewable energy facility
  496  resides, the originating county shall receive such recycling
  497  credit. Any county that has a debt service payment related to
  498  its waste-to-energy facility shall receive 1 ton of recycled
  499  materials credit for each ton of solid waste processed at the
  500  facility. Any byproduct resulting from the creation of renewable
  501  energy that is recycled shall count towards the county recycling
  502  goals in accordance with the methods and criteria developed
  503  pursuant to paragraph (2)(h) does not count as waste.
  504         Section 18. Subsections (1), (2), and (3) of section
  505  403.707, Florida Statutes, are amended to read:
  506         403.707 Permits.—
  507         (1) A solid waste management facility may not be operated,
  508  maintained, constructed, expanded, modified, or closed without
  509  an appropriate and currently valid permit issued by the
  510  department. The department may by rule exempt specified types of
  511  facilities from the requirement for a permit under this part if
  512  it determines that construction or operation of the facility is
  513  not expected to create any significant threat to the environment
  514  or public health. For purposes of this part, and only when
  515  specified by department rule, a permit may include registrations
  516  as well as other forms of licenses as defined in s. 120.52.
  517  Solid waste construction permits issued under this section may
  518  include any permit conditions necessary to achieve compliance
  519  with the recycling requirements of this act. The department
  520  shall pursue reasonable timeframes for closure and construction
  521  requirements, considering pending federal requirements and
  522  implementation costs to the permittee. The department shall
  523  adopt a rule establishing performance standards for construction
  524  and closure of solid waste management facilities. The standards
  525  shall allow flexibility in design and consideration for site
  526  specific characteristics. For the purpose of permitting under
  527  this chapter, the department shall allow waste-to-energy
  528  facilities to maximize acceptance and processing of nonhazardous
  529  solid and liquid waste.
  530         (2) Except as provided in s. 403.722(6), a permit under
  531  this section is not required for the following, if the activity
  532  does not create a public nuisance or any condition adversely
  533  affecting the environment or public health and does not violate
  534  other state or local laws, ordinances, rules, regulations, or
  535  orders:
  536         (a) Disposal by persons of solid waste resulting from their
  537  own activities on their own property, if such waste is ordinary
  538  household waste from their residential property or is rocks,
  539  soils, trees, tree remains, and other vegetative matter that
  540  normally result from land development operations. Disposal of
  541  materials that could create a public nuisance or adversely
  542  affect the environment or public health, such as white goods;
  543  automotive materials, such as batteries and tires; petroleum
  544  products; pesticides; solvents; or hazardous substances, is not
  545  covered under this exemption.
  546         (b) Storage in containers by persons of solid waste
  547  resulting from their own activities on their property, leased or
  548  rented property, or property subject to a homeowners’ homeowners
  549  or maintenance association for which the person contributes
  550  association assessments, if the solid waste in such containers
  551  is collected at least once a week.
  552         (c) Disposal by persons of solid waste resulting from their
  553  own activities on their property, if the environmental effects
  554  of such disposal on groundwater and surface waters are:
  555         1. Addressed or authorized by a site certification order
  556  issued under part II or a permit issued by the department under
  557  this chapter or rules adopted pursuant to this chapter; or
  558         2. Addressed or authorized by, or exempted from the
  559  requirement to obtain, a groundwater monitoring plan approved by
  560  the department. If a facility has a permit authorizing disposal
  561  activity, new areas where solid waste is being disposed of which
  562  are monitored by an existing or modified groundwater monitoring
  563  plan are not required to be specifically authorized in a permit
  564  or other certification.
  565         (d) Disposal by persons of solid waste resulting from their
  566  own activities on their own property, if such disposal occurred
  567  prior to October 1, 1988.
  568         (e) Disposal of solid waste resulting from normal farming
  569  operations as defined by department rule. Polyethylene
  570  agricultural plastic, damaged, nonsalvageable, untreated wood
  571  pallets, and packing material that cannot be feasibly recycled,
  572  which are used in connection with agricultural operations
  573  related to the growing, harvesting, or maintenance of crops, may
  574  be disposed of by open burning if a public nuisance or any
  575  condition adversely affecting the environment or the public
  576  health is not created by the open burning and state or federal
  577  ambient air quality standards are not violated.
  578         (f) The use of clean debris as fill material in any area.
  579  However, this paragraph does not exempt any person from
  580  obtaining any other required permits, and does not affect a
  581  person’s responsibility to dispose of clean debris appropriately
  582  if it is not to be used as fill material.
  583         (g) Compost operations that produce less than 50 cubic
  584  yards of compost per year when the compost produced is used on
  585  the property where the compost operation is located.
  586         (3)(a) All applicable provisions of ss. 403.087 and
  587  403.088, relating to permits, apply to the control of solid
  588  waste management facilities.
  589         (b) A permit, including a general permit, issued to a solid
  590  waste management facility that is designed with a leachate
  591  control system meeting department requirements shall be issued
  592  for a term of 20 years unless the applicant requests a shorter
  593  permit term. This paragraph applies to a qualifying solid waste
  594  management facility that applies for an operating or
  595  construction permit or renews an existing operating or
  596  construction permit on or after October 1, 2012.
  597         (c) A permit, including a general permit, but not including
  598  a registration, issued to a solid waste management facility that
  599  does not have a leachate control system meeting department
  600  requirements shall be renewed for a term of 10 years, unless the
  601  applicant requests a shorter permit term, if the following
  602  conditions are met:
  603         1. The applicant has conducted the regulated activity at
  604  the same site for which the renewal is sought for at least 4
  605  years and 6 months before the date that the permit application
  606  is received by the department; and
  607         2. At the time of applying for the renewal permit:
  608         a. The applicant is not subject to a notice of violation,
  609  consent order, or administrative order issued by the department
  610  for violation of an applicable law or rule;
  611         b. The department has not notified the applicant that it is
  612  required to implement assessment or evaluation monitoring as a
  613  result of exceedances of applicable groundwater standards or
  614  criteria or, if applicable, the applicant is completing
  615  corrective actions in accordance with applicable department
  616  rules; and
  617         c. The applicant is in compliance with the applicable
  618  financial assurance requirements.
  619         (d) The department may adopt rules to administer this
  620  subsection. However, the department is not required to submit
  621  such rules to the Environmental Regulation Commission for
  622  approval. Notwithstanding the limitations of s. 403.087(6)(a),
  623  permit fee caps for solid waste management facilities shall be
  624  prorated to reflect the extended permit term authorized by this
  625  subsection.
  626         Section 19. Section 403.7125, Florida Statutes, is amended
  627  to read:
  628         403.7125 Financial assurance for closure.—
  629         (1) Every owner or operator of a landfill is jointly and
  630  severally liable for the improper operation and closure of the
  631  landfill, as provided by law. As used in this section, the term
  632  “owner or operator” means any owner of record of any interest in
  633  land wherein a landfill is or has been located and any person or
  634  corporation that owns a majority interest in any other
  635  corporation that is the owner or operator of a landfill.
  636         (2) The owner or operator of a landfill owned or operated
  637  by a local or state government or the Federal Government shall
  638  establish a fee, or a surcharge on existing fees or other
  639  appropriate revenue-producing mechanism, to ensure the
  640  availability of financial resources for the proper closure of
  641  the landfill. However, the disposal of solid waste by persons on
  642  their own property, as described in s. 403.707(2), is exempt
  643  from this section.
  644         (a) The revenue-producing mechanism must produce revenue at
  645  a rate sufficient to generate funds to meet state and federal
  646  landfill closure requirements.
  647         (b) The revenue shall be deposited in an interest-bearing
  648  escrow account to be held and administered by the owner or
  649  operator. The owner or operator shall file with the department
  650  an annual audit of the account. The audit shall be conducted by
  651  an independent certified public accountant. Failure to collect
  652  or report such revenue, except as allowed in subsection (3), is
  653  a noncriminal violation punishable by a fine of not more than
  654  $5,000 for each offense. The owner or operator may make
  655  expenditures from the account and its accumulated interest only
  656  for the purpose of landfill closure and, if such expenditures do
  657  not deplete the fund to the detriment of eventual closure, for
  658  planning and construction of resource recovery or landfill
  659  facilities. Any moneys remaining in the account after paying for
  660  proper and complete closure, as determined by the department,
  661  shall, if the owner or operator does not operate a landfill, be
  662  deposited by the owner or operator into the general fund or the
  663  appropriate solid waste fund of the local government of
  664  jurisdiction.
  665         (c) The revenue generated under this subsection and any
  666  accumulated interest thereon may be applied to the payment of,
  667  or pledged as security for, the payment of revenue bonds issued
  668  in whole or in part for the purpose of complying with state and
  669  federal landfill closure requirements. Such application or
  670  pledge may be made directly in the proceedings authorizing such
  671  bonds or in an agreement with an insurer of bonds to assure such
  672  insurer of additional security therefor.
  673         (d) The provisions of s. 212.055 which relate to raising of
  674  revenues for landfill closure or long-term maintenance do not
  675  relieve a landfill owner or operator from the obligations of
  676  this section.
  677         (e) The owner or operator of any landfill that had
  678  established an escrow account in accordance with this section
  679  and the conditions of its permit prior to January 1, 2007, may
  680  continue to use that escrow account to provide financial
  681  assurance for closure of that landfill, even if that landfill is
  682  not owned or operated by a local or state government or the
  683  Federal Government.
  684         (3) An owner or operator of a landfill owned or operated by
  685  a local or state government or by the Federal Government may
  686  provide financial assurance to the department in lieu of the
  687  requirements of subsection (2). An owner or operator of any
  688  other landfill, or any other solid waste management facility
  689  designated by department rule, shall provide financial assurance
  690  to the department for the closure of the facility. Such
  691  financial assurance may include surety bonds, certificates of
  692  deposit, securities, letters of credit, or other documents
  693  showing that the owner or operator has sufficient financial
  694  resources to cover, at a minimum, the costs of complying with
  695  applicable closure requirements. The owner or operator shall
  696  estimate such costs to the satisfaction of the department.
  697         (4) This section does not repeal, limit, or abrogate any
  698  other law authorizing local governments to fix, levy, or charge
  699  rates, fees, or charges for the purpose of complying with state
  700  and federal landfill closure requirements.
  701         (5) The department shall by rule require that the owner or
  702  operator of a solid waste management facility that receives
  703  waste after October 9, 1993, and that is required by department
  704  rule to undertake corrective actions for violations of water
  705  quality standards provide financial assurance for the cost of
  706  completing such corrective actions. The same financial assurance
  707  mechanisms that are available for closure costs shall be
  708  available for costs associated with undertaking corrective
  709  actions.
  710         (6)(5) The department shall adopt rules to implement this
  711  section.
  712         Section 20. Subsection (12) is added to section 403.814,
  713  Florida Statutes, to read:
  714         403.814 General permits; delegation.—
  715         (12) A general permit is granted for the construction,
  716  alteration, and maintenance of a storm water management system
  717  serving a total project area of up to 10 acres. When the storm
  718  water management system is designed, operated and maintained in
  719  accordance with applicable rules adopted pursuant to part IV of
  720  Chapter 373, there shall be a rebuttable presumption that the
  721  discharge for such systems will comply with state water quality
  722  standards. The construction of such a system may proceed without
  723  any further agency action by the department or water management
  724  district if within 30 days of commencement of construction, an
  725  electronic self-certification is submitted to the department or
  726  water management district that certifies the proposed system was
  727  designed by a Florida registered professional to meet all of the
  728  requirements listed in 12(a)-(f) below:
  729         (a) The total project involves less than 10 acres and less
  730  than 2 acres of impervious surface;
  731         (b) No activities will impact wetlands or other surface
  732  waters;
  733         (c) No activities are conducted in, on, or over wetlands or
  734  other surface waters;
  735         (d) Drainage facilities will not include pipes having
  736  diameters greater than 24 inches, or the hydraulic equivalent,
  737  and will not use pumps in any manner;
  738         (e) The project is not part of a larger common plan,
  739  development, or sale; and
  740         (f) The project does not:
  741         1. Cause adverse water quantity or flooding impacts to
  742  receiving water and adjacent lands;
  743         2. Cause adverse impacts to existing surface water storage
  744  and conveyance capabilities;
  745         3. Cause a violation of state water quality standards; and
  746         4. Cause an adverse impact to the maintenance of surface or
  747  ground water levels or surface water flows established pursuant
  748  to s. 373.042 or a work of the district established pursuant to
  749  s. 373.086.
  750         Section 21. Subsection (6) of section 403.853, Florida
  751  Statutes, is amended to read:
  752         403.853 Drinking water standards.—
  753         (6) Upon the request of the owner or operator of a
  754  transient noncommunity water system using groundwater as a
  755  source of supply and serving religious institutions or
  756  businesses, other than restaurants or other public food service
  757  establishments or religious institutions with school or day care
  758  services, and using groundwater as a source of supply, the
  759  department, or a local county health department designated by
  760  the department, shall perform a sanitary survey of the facility.
  761  Upon receipt of satisfactory survey results according to
  762  department criteria, the department shall reduce the
  763  requirements of such owner or operator from monitoring and
  764  reporting on a quarterly basis to performing these functions on
  765  an annual basis. Any revised monitoring and reporting schedule
  766  approved by the department under this subsection shall apply
  767  until such time as a violation of applicable state or federal
  768  primary drinking water standards is determined by the system
  769  owner or operator, by the department, or by an agency designated
  770  by the department, after a random or routine sanitary survey.
  771  Certified operators are not required for transient noncommunity
  772  water systems of the type and size covered by this subsection.
  773  Any reports required of such system shall be limited to the
  774  minimum as required by federal law. When not contrary to the
  775  provisions of federal law, the department may, upon request and
  776  by rule, waive additional provisions of state drinking water
  777  regulations for such systems.
  778         Section 22. Paragraph (a) of subsection (3) and subsections
  779  (4), (5), (10), (11), (14), (15), and (18) of section 403.973,
  780  Florida Statutes, are amended to read:
  781         403.973 Expedited permitting; amendments to comprehensive
  782  plans.—
  783         (3)(a) The secretary shall direct the creation of regional
  784  permit action teams for the purpose of expediting review of
  785  permit applications and local comprehensive plan amendments
  786  submitted by:
  787         1. Businesses creating at least 50 jobs or a commercial or
  788  industrial development project that will be occupied by
  789  businesses that would individually or collectively create at
  790  least 50 jobs; or
  791         2. Businesses creating at least 25 jobs if the project is
  792  located in an enterprise zone, or in a county having a
  793  population of fewer than 75,000 or in a county having a
  794  population of fewer than 125,000 which is contiguous to a county
  795  having a population of fewer than 75,000, as determined by the
  796  most recent decennial census, residing in incorporated and
  797  unincorporated areas of the county.
  798         (4) The regional teams shall be established through the
  799  execution of a project-specific memoranda of agreement developed
  800  and executed by the applicant and the secretary, with input
  801  solicited from the Department of Economic Opportunity and the
  802  respective heads of the Department of Transportation and its
  803  district offices, the Department of Agriculture and Consumer
  804  Services, the Fish and Wildlife Conservation Commission,
  805  appropriate regional planning councils, appropriate water
  806  management districts, and voluntarily participating
  807  municipalities and counties. The memoranda of agreement should
  808  also accommodate participation in this expedited process by
  809  other local governments and federal agencies as circumstances
  810  warrant.
  811         (5) In order to facilitate local government’s option to
  812  participate in this expedited review process, the secretary
  813  shall, in cooperation with local governments and participating
  814  state agencies, create a standard form memorandum of agreement.
  815  The standard form of the memorandum of agreement shall be used
  816  only if the local government participates in the expedited
  817  review process. In the absence of local government
  818  participation, only the project-specific memorandum of agreement
  819  executed pursuant to subsection (4) applies. A local government
  820  shall hold a duly noticed public workshop to review and explain
  821  to the public the expedited permitting process and the terms and
  822  conditions of the standard form memorandum of agreement.
  823         (10) The memoranda of agreement may provide for the waiver
  824  or modification of procedural rules prescribing forms, fees,
  825  procedures, or time limits for the review or processing of
  826  permit applications under the jurisdiction of those agencies
  827  that are members of the regional permit action team party to the
  828  memoranda of agreement. Notwithstanding any other provision of
  829  law to the contrary, a memorandum of agreement must to the
  830  extent feasible provide for proceedings and hearings otherwise
  831  held separately by the parties to the memorandum of agreement to
  832  be combined into one proceeding or held jointly and at one
  833  location. Such waivers or modifications are not authorized shall
  834  not be available for permit applications governed by federally
  835  delegated or approved permitting programs, the requirements of
  836  which would prohibit, or be inconsistent with, such a waiver or
  837  modification.
  838         (11) The standard form for memoranda of agreement shall
  839  include guidelines to be used in working with state, regional,
  840  and local permitting authorities. Guidelines may include, but
  841  are not limited to, the following:
  842         (a) A central contact point for filing permit applications
  843  and local comprehensive plan amendments and for obtaining
  844  information on permit and local comprehensive plan amendment
  845  requirements.;
  846         (b) Identification of the individual or individuals within
  847  each respective agency who will be responsible for processing
  848  the expedited permit application or local comprehensive plan
  849  amendment for that agency.;
  850         (c) A mandatory preapplication review process to reduce
  851  permitting conflicts by providing guidance to applicants
  852  regarding the permits needed from each agency and governmental
  853  entity, site planning and development, site suitability and
  854  limitations, facility design, and steps the applicant can take
  855  to ensure expeditious permit application and local comprehensive
  856  plan amendment review. As a part of this process, the first
  857  interagency meeting to discuss a project shall be held within 14
  858  days after the secretary’s determination that the project is
  859  eligible for expedited review. Subsequent interagency meetings
  860  may be scheduled to accommodate the needs of participating local
  861  governments that are unable to meet public notice requirements
  862  for executing a memorandum of agreement within this timeframe.
  863  This accommodation may not exceed 45 days from the secretary’s
  864  determination that the project is eligible for expedited
  865  review.;
  866         (d) The preparation of a single coordinated project
  867  description form and checklist and an agreement by state and
  868  regional agencies to reduce the burden on an applicant to
  869  provide duplicate information to multiple agencies.;
  870         (e) Establishment of a process for the adoption and review
  871  of any comprehensive plan amendment needed by any certified
  872  project within 90 days after the submission of an application
  873  for a comprehensive plan amendment. However, the memorandum of
  874  agreement may not prevent affected persons as defined in s.
  875  163.3184 from appealing or participating in this expedited plan
  876  amendment process and any review or appeals of decisions made
  877  under this paragraph.; and
  878         (f) Additional incentives for an applicant who proposes a
  879  project that provides a net ecosystem benefit.
  880         (14)(a) Challenges to state agency action in the expedited
  881  permitting process for projects processed under this section are
  882  subject to the summary hearing provisions of s. 120.574, except
  883  that the administrative law judge’s decision, as provided in s.
  884  120.574(2)(f), shall be in the form of a recommended order and
  885  do not constitute the final action of the state agency. In those
  886  proceedings where the action of only one agency of the state
  887  other than the Department of Environmental Protection is
  888  challenged, the agency of the state shall issue the final order
  889  within 45 working days after receipt of the administrative law
  890  judge’s recommended order, and the recommended order shall
  891  inform the parties of their right to file exceptions or
  892  responses to the recommended order in accordance with the
  893  uniform rules of procedure pursuant to s. 120.54. In those
  894  proceedings where the actions of more than one agency of the
  895  state are challenged, the Governor shall issue the final order
  896  within 45 working days after receipt of the administrative law
  897  judge’s recommended order, and the recommended order shall
  898  inform the parties of their right to file exceptions or
  899  responses to the recommended order in accordance with the
  900  uniform rules of procedure pursuant to s. 120.54. For This
  901  paragraph does not apply to the issuance of department licenses
  902  required under any federally delegated or approved permit
  903  program. In such instances, the department, and not the
  904  Governor, shall enter the final order. The participating
  905  agencies of the state may opt at the preliminary hearing
  906  conference to allow the administrative law judge’s decision to
  907  constitute the final agency action.
  908         (b) Projects identified in paragraph (3)(f) or challenges
  909  to state agency action in the expedited permitting process for
  910  establishment of a state-of-the-art biomedical research
  911  institution and campus in this state by the grantee under s.
  912  288.955 are subject to the same requirements as challenges
  913  brought under paragraph (a), except that, notwithstanding s.
  914  120.574, summary proceedings must be conducted within 30 days
  915  after a party files the motion for summary hearing, regardless
  916  of whether the parties agree to the summary proceeding.
  917         (15) The Department of Economic Opportunity, working with
  918  the agencies providing cooperative assistance and input
  919  regarding the memoranda of agreement, shall review sites
  920  proposed for the location of facilities that the Department of
  921  Economic Opportunity has certified to be eligible for the
  922  Innovation Incentive Program under s. 288.1089. Within 20 days
  923  after the request for the review by the Department of Economic
  924  Opportunity, the agencies shall provide to the Department of
  925  Economic Opportunity a statement as to each site’s necessary
  926  permits under local, state, and federal law and an
  927  identification of significant permitting issues, which if
  928  unresolved, may result in the denial of an agency permit or
  929  approval or any significant delay caused by the permitting
  930  process.
  931         (18) The Department of Economic Opportunity, working with
  932  the Rural Economic Development Initiative and the agencies
  933  participating in the memoranda of agreement, shall provide
  934  technical assistance in preparing permit applications and local
  935  comprehensive plan amendments for counties having a population
  936  of fewer than 75,000 residents, or counties having fewer than
  937  125,000 residents which are contiguous to counties having fewer
  938  than 75,000 residents. Additional assistance may include, but
  939  not be limited to, guidance in land development regulations and
  940  permitting processes, working cooperatively with state,
  941  regional, and local entities to identify areas within these
  942  counties which may be suitable or adaptable for preclearance
  943  review of specified types of land uses and other activities
  944  requiring permits.
  945         Section 23. Subsection (1) of section 526.203, Florida
  946  Statutes, is amended, and subsection (5) is added to that
  947  section, to read:
  948         526.203 Renewable fuel standard.—
  949         (1) DEFINITIONS.—As used in this act:
  950         (a) “Blender,” “importer,” “terminal supplier,” and
  951  “wholesaler” are defined as provided in s. 206.01.
  952         (b) “Blended gasoline” means a mixture of 90 to 91 percent
  953  gasoline and 9 to 10 percent fuel ethanol or other alternative
  954  fuel, by volume, that meets the specifications as adopted by the
  955  department. The fuel ethanol or other alternative fuel portion
  956  may be derived from any agricultural source.
  957         (c) “Fuel ethanol” means an anhydrous denatured alcohol
  958  produced by the conversion of carbohydrates that meets the
  959  specifications as adopted by the department.
  960         (d) “Alternative fuel” means a fuel produced from biomass
  961  that is used to replace or reduce the quantity of fossil fuel
  962  present in a petroleum fuel that meets the specifications as
  963  adopted by the department. “Biomass” means biomass as defined in
  964  s. 366.91 and “alternative fuel” means alternative fuel as
  965  defined in s. 525.01(1)(c) and that is suitable for blending
  966  with gasoline.
  967         (e)(d) “Unblended gasoline” means gasoline that has not
  968  been blended with fuel ethanol and that meets the specifications
  969  as adopted by the department.
  970         (5) SALE OF UNBLENDED GASOLINE.—This section does not
  971  prohibit the sale of unblended gasoline for the uses exempted
  972  under subsection (3).
  973         Section 24. The holder of a valid permit or other
  974  authorization is not required to make a payment to the
  975  authorizing agency for use of an extension granted under section
  976  73 or section 79 of chapter 2011-139, Laws of Florida. This
  977  section applies retroactively and is effective as of June 2,
  978  2011.
  979         Section 25. This act shall take effect July 1, 2012.
  982  ================= T I T L E  A M E N D M E N T ================
  983         And the title is amended as follows:
  984         Delete everything before the enacting clause
  985  and insert:
  986                        A bill to be entitled                      
  987         An act relating to environmental regulation; amending s.
  988  125.022, F.S.; prohibiting a county from requiring an applicant
  989  to obtain a permit or approval from any state or federal agency
  990  as a condition of processing a development permit under certain
  991  conditions; authorizing a county to attach certain disclaimers
  992  to the issuance of a development permit; amending s. 161.041,
  993  F.S.; providing conditions under which the department is
  994  authorized to issue such permits in advance of the issuance of
  995  incidental take authorizations as provided under the Endangered
  996  Species Act; amending s. 166.033, F.S.; prohibiting a
  997  municipality from requiring an applicant to obtain a permit or
  998  approval from any state or federal agency as a condition of
  999  processing a development permit under certain conditions;
 1000  authorizing a municipality to attach certain disclaimers to the
 1001  issuance of a development permit; amending s. 218.075, F.S.;
 1002  providing for the reduction or waiver of permit processing fees
 1003  relating to projects that serve a public purpose for certain
 1004  entities created by special act, local ordinance, or interlocal
 1005  agreement; amending s. 258.397, F.S.; providing an exemption
 1006  from a showing of extreme hardship relating to the sale,
 1007  transfer, or lease of sovereignty submerged lands in the
 1008  Biscayne Bay Aquatic Preserve for certain municipal applicants;
 1009  amending s. 373.026, F.S.; requiring the department to expand
 1010  its use of Internet-based self-certification services for
 1011  exemptions and permits issued by the department and water
 1012  management districts; amending s. 373.326, F.S.; exempting
 1013  certain underground injection control wells from permitting
 1014  requirements under part III of chapter 373, F.S., relating to
 1015  regulation of wells; providing a requirement for the
 1016  construction of such wells; amending s. 373.4141, F.S.; reducing
 1017  the time within which a permit must be approved, denied, or
 1018  subject to notice of proposed agency action; prohibiting a state
 1019  agency or an agency of the state from requiring additional
 1020  permits or approval from a local, state, or federal agency
 1021  without explicit authority; amending s. 373.4144, F.S.;
 1022  providing legislative intent with respect to the coordination of
 1023  regulatory duties among specified state and federal agencies;
 1024  encouraging expanded use of the state programmatic general
 1025  permit or regional general permits; providing for a voluntary
 1026  state programmatic general permit for certain dredge and fill
 1027  activities; amending s. 376.3071, F.S.; increasing the priority
 1028  ranking score for participation in the low-scored site
 1029  initiative; exempting program deductibles, copayments, and
 1030  certain assessment report requirements from expenditures under
 1031  the low-scored site initiative; amending s. 376.30715, F.S.;
 1032  providing that the transfer of a contaminated site from an owner
 1033  to a child of the owner or corporate entity does not disqualify
 1034  the site from the innocent victim petroleum storage system
 1035  restoration financial assistance program; authorizing certain
 1036  applicants to reapply for financial assistance; amending s.
 1037  380.0657, F.S.; authorizing expedited permitting for certain
 1038  inland multimodal facilities that individually or collectively
 1039  will create a minimum number of jobs; amending s. 403.061, F.S.;
 1040  authorizing zones of discharges to groundwater for specified
 1041  installations; providing for modification of such zones of
 1042  discharge; providing that exceedance of certain groundwater
 1043  standards does not create liability for site cleanup; providing
 1044  that exceedance of soil cleanup target levels is not a basis for
 1045  enforcement or cleanup; amending s. 403.087, F.S.; revising
 1046  conditions under which the department is authorized to revoke
 1047  permits for sources of air and water pollution; amending s.
 1048  403.1838, F.S.; revising the definition of the term “financially
 1049  disadvantaged small community” for the purposes of the Small
 1050  Community Sewer Construction Assistance Act; amending s.
 1051  403.7045, F.S.; providing conditions under which sludge from an
 1052  industrial waste treatment works is not solid waste; amending s.
 1053  403.706, F.S.; reducing the amount of recycled materials certain
 1054  counties are required to apply toward state recycling goals;
 1055  providing that certain renewable energy byproducts count toward
 1056  state recycling goals; amending s. 403.707, F.S.; providing for
 1057  waste-to-energy facilities to maximize acceptance and processing
 1058  of nonhazardous solid and liquid waste; exempting the disposal
 1059  of solid waste monitored by certain groundwater monitoring plans
 1060  from specific authorization; specifying a permit term for solid
 1061  waste management facilities designed with leachate control
 1062  systems that meet department requirements; requiring permit fees
 1063  to be adjusted; providing applicability; specifying a permit
 1064  term for solid waste management facilities that do not have
 1065  leachate control systems meeting department requirements under
 1066  certain conditions; authorizing the department to adopt rules;
 1067  providing that the department is not required to submit the
 1068  rules to the Environmental Regulation Commission for approval;
 1069  requiring permit fee caps to be prorated; amending s. 403.7125,
 1070  F.S.; requiring the department to require by rule that owners or
 1071  operators of solid waste management facilities receiving waste
 1072  after October 9, 1993, provide financial assurance for the cost
 1073  of completing certain corrective actions; amending s. 403.814,
 1074  F.S.; providing for issuance of general permits for the
 1075  construction, alteration, and maintenance of certain surface
 1076  water management systems without the action of the department or
 1077  a water management district; specifying conditions for the
 1078  general permits; amending s. 403.853, F.S.; providing for the
 1079  department, or a local county health department designated by
 1080  the department, to perform sanitary surveys for certain
 1081  transient noncommunity water systems; amending s. 403.973, F.S.;
 1082  authorizing expedited permitting for certain commercial or
 1083  industrial development projects that individually or
 1084  collectively will create a minimum number of jobs; providing for
 1085  a project-specific memorandum of agreement to apply to a project
 1086  subject to expedited permitting; clarifying the authority of the
 1087  department to enter final orders for the issuance of certain
 1088  licenses; revising criteria for the review of certain sites;
 1089  amending s. 526.203, F.S.; revising the definitions of the terms
 1090  “blended gasoline” and “unblended gasoline”; defining the term
 1091  “alternative fuel”; authorizing the sale of unblended fuels for
 1092  certain uses; providing that holders of valid permits or other
 1093  authorizations are not required to make payments to authorizing
 1094  agencies for use of certain extensions granted under chapter
 1095  2011-139, Laws of Florida; providing an effective date.