Florida Senate - 2012                              CS for SB 716
       By the Committee on Community Affairs; and Senator Bennett
       578-01887-12                                           2012716c1
    1                        A bill to be entitled                      
    2         An act relating to environmental regulation; amending
    3         s. 125.022, F.S.; prohibiting a county from requiring
    4         an applicant to obtain a permit or approval from any
    5         state or federal agency as a condition of processing a
    6         development permit under certain conditions;
    7         authorizing a county to attach certain disclaimers to
    8         the issuance of a development permit; amending s.
    9         166.033, F.S.; prohibiting a municipality from
   10         requiring an applicant to obtain a permit or approval
   11         from any state or federal agency as a condition of
   12         processing a development permit under certain
   13         conditions; authorizing a municipality to attach
   14         certain disclaimers to the issuance of a development
   15         permit; amending s. 218.075, F.S.; providing for the
   16         reduction or waiver of permit processing fees relating
   17         to projects that serve a public purpose for certain
   18         entities created by special act, local ordinance, or
   19         interlocal agreement; amending s. 258.397, F.S.;
   20         providing an exemption from a showing of extreme
   21         hardship relating to the sale, transfer, or lease of
   22         sovereignty submerged lands in the Biscayne Bay
   23         Aquatic Preserve for certain municipal applicants;
   24         providing for additional dredging and filling
   25         activities in the preserve; amending s. 339.63, F.S.;
   26         providing exceptions to criteria required for system
   27         facilities designated under the Strategic Intermodal
   28         System; amending s. 373.026, F.S.; requiring the
   29         Department of Environmental Protection to expand its
   30         use of Internet-based self-certification services for
   31         exemptions and permits issued by the department and
   32         water management districts; amending s. 373.306, F.S.;
   33         exempting underground injection control wells from
   34         certain rules; amending s. 373.4141, F.S.; reducing
   35         the time within which a permit must be approved,
   36         denied, or subject to notice of proposed agency
   37         action; prohibiting a state agency or an agency of the
   38         state from requiring additional permits or approval
   39         from a local, state, or federal agency without
   40         explicit authority; amending s. 373.4144, F.S.;
   41         providing legislative intent with respect to the
   42         coordination of regulatory duties among specified
   43         state and federal agencies; encouraging expanded use
   44         of the state programmatic general permit or regional
   45         general permits; providing for a voluntary state
   46         programmatic general permit for certain dredge and
   47         fill activities; amending s. 373.441, F.S.; requiring
   48         that certain counties or municipalities apply by a
   49         specified date to the department or water management
   50         district for authority to require certain permits;
   51         providing that following such delegation, the
   52         department or district may not regulate activities
   53         that are subject to the delegation; clarifying the
   54         authority of local governments to adopt pollution
   55         control programs under certain conditions; providing
   56         applicability with respect to solid mineral mining;
   57         amending s. 376.3071, F.S.; exempting program
   58         deductibles, copayments, and certain assessment report
   59         requirements from expenditures under the low-scored
   60         site initiative; amending s. 376.30715, F.S.;
   61         providing that the transfer of a contaminated site
   62         from an owner to a child of the owner or corporate
   63         entity does not disqualify the site from the innocent
   64         victim petroleum storage system restoration financial
   65         assistance program; authorizing certain applicants to
   66         reapply for financial assistance; amending s.
   67         380.0657, F.S.; authorizing expedited permitting for
   68         certain inland multimodal facilities; amending s.
   69         403.061, F.S.; requiring the department to establish
   70         reasonable zones of mixing for discharges into
   71         specified waters; providing that certain groundwater
   72         standards that are exceeded do not create liability
   73         for site cleanup; providing that certain soil cleanup
   74         target levels that are exceeded are not a basis for
   75         enforcement or cleanup; amending s. 403.087, F.S.;
   76         revising conditions under which the department is
   77         authorized to revoke permits for sources of air or
   78         water pollution; amending s. 403.1838, F.S.; revising
   79         the definition of the term “financially disadvantaged
   80         small community” for purposes of the Small Community
   81         Sewer Construction Assistance Act; amending s.
   82         403.7045, F.S.; providing conditions under which
   83         sludge from an industrial waste treatment works is not
   84         solid waste; amending s. 403.707, F.S.; exempting the
   85         disposal of solid waste monitored by certain
   86         groundwater monitoring plans from specific
   87         authorization; extending the duration of all permits
   88         issued to solid waste management facilities that meet
   89         specified criteria; providing an exception; providing
   90         for prorated permit fees; providing applicability;
   91         specifying a permit term for a solid waste management
   92         facility that does not have a leachate control system
   93         meeting the requirements of the department under
   94         certain conditions; authorizing the department to
   95         adopt rules; providing that the department is not
   96         required to submit the rules to the Environmental
   97         Regulation Commission for approval; requiring that
   98         permit fee caps for solid waste management facilities
   99         be prorated to reflect the extended permit term;
  100         amending s. 403.709, F.S.; creating a solid waste
  101         landfill closure account within the Solid Waste
  102         Management Trust Fund to fund the closing and long
  103         term care of solid waste facilities under certain
  104         circumstances; requiring that the department deposit
  105         funds that are reimbursed into the solid waste
  106         landfill closure account; amending s. 403.7125, F.S.;
  107         requiring that the department require by rule that the
  108         owner or operator of a solid waste management facility
  109         receiving waste on or after a specified date provide
  110         financial assurance for the cost of completing
  111         corrective action for violations of water quality
  112         standards; amending s. 403.814, F.S.; providing for
  113         issuance of general permits for the construction,
  114         alteration, and maintenance of certain surface water
  115         management systems under certain circumstances;
  116         specifying conditions for the construction of the
  117         system without any action by the department or water
  118         management district; amending s. 403.853, F.S.;
  119         providing for the department, or a local county health
  120         department designated by the department, to perform
  121         sanitary surveys for certain transient noncommunity
  122         water systems; amending s. 403.973, F.S.; authorizing
  123         expedited permitting for certain commercial or
  124         industrial development projects that individually or
  125         collectively will create a minimum number of jobs;
  126         providing for a project-specific memorandum of
  127         agreement to apply to a project subject to expedited
  128         permitting; clarifying the authority of the department
  129         to enter final orders for the issuance of certain
  130         licenses; revising criteria for the review of certain
  131         sites; amending s. 526.203, F.S.; revising the
  132         definition of the term “blended gasoline”; defining
  133         the term “renewable fuel”; authorizing the sale of
  134         unblended fuels for certain uses; providing an
  135         effective date.
  137  Be It Enacted by the Legislature of the State of Florida:
  139         Section 1. Section 125.022, Florida Statutes, is amended to
  140  read:
  141         125.022 Development permits.—If When a county denies an
  142  application for a development permit, the county shall give
  143  written notice to the applicant. The notice must include a
  144  citation to the applicable portions of an ordinance, rule,
  145  statute, or other legal authority for the denial of the permit.
  146  As used in this section, the term “development permit” has the
  147  same meaning as in s. 163.3164. A county may not require as a
  148  condition of processing a development permit that an applicant
  149  obtain a permit or approval from a state or federal agency
  150  unless that agency has issued a notice of intent to deny the
  151  federal or state permit before the county action on the local
  152  development permit. The issuance of a development permit by a
  153  county does not create a right on the part of the applicant to
  154  obtain a permit from a state or federal agency and does not
  155  create a liability on the part of the county for issuance of the
  156  permit if the applicant fails to fulfill its legal obligations
  157  to obtain requisite approvals or fulfill the obligations imposed
  158  by a state or federal agency. A county may attach such a
  159  disclaimer to the issuance of a development permit and may
  160  include a permit condition that all other applicable state or
  161  federal permits be obtained before commencement of the
  162  development. This section does not prohibit a county from
  163  providing information to an applicant regarding what other state
  164  or federal permits may apply.
  165         Section 2. Section 166.033, Florida Statutes, is amended to
  166  read:
  167         166.033 Development permits.—If When a municipality denies
  168  an application for a development permit, the municipality shall
  169  give written notice to the applicant. The notice must include a
  170  citation to the applicable portions of an ordinance, rule,
  171  statute, or other legal authority for the denial of the permit.
  172  As used in this section, the term “development permit” has the
  173  same meaning as in s. 163.3164. A municipality may not require
  174  as a condition of processing a development permit that an
  175  applicant obtain a permit or approval from a state or federal
  176  agency unless that agency has issued a notice of intent to deny
  177  the federal or state permit before the municipal action on the
  178  local development permit. The issuance of a development permit
  179  by a municipality does not create a right on the part of an
  180  applicant to obtain a permit from a state or federal agency and
  181  does not create any liability on the part of the municipality
  182  for issuance of the permit if the applicant fails to fulfill its
  183  legal obligations to obtain requisite approvals or fulfill the
  184  obligations imposed by a state or federal agency. A municipality
  185  may attach such a disclaimer to the issuance of a development
  186  permit and may include a permit condition that all other
  187  applicable state or federal permits be obtained before
  188  commencement of the development. This section does not prohibit
  189  a municipality from providing information to an applicant
  190  regarding what other state or federal permits may apply.
  191         Section 3. Section 218.075, Florida Statutes, is amended to
  192  read:
  193         218.075 Reduction or waiver of permit processing fees.
  194  Notwithstanding any other provision of law, the Department of
  195  Environmental Protection and the water management districts
  196  shall reduce or waive permit processing fees for a county that
  197  has counties with a population of 50,000 or fewer less on April
  198  1, 1994, until such county exceeds counties exceed a population
  199  of 75,000; for a municipality that has and municipalities with a
  200  population of 25,000 or fewer; for an entity created by special
  201  act, local ordinance, or interlocal agreement of such county or
  202  municipality; less, or for a any county or municipality not
  203  included within a metropolitan statistical area. Fee reductions
  204  or waivers shall be approved on the basis of fiscal hardship or
  205  environmental need for a particular project or activity. The
  206  governing body must certify that the cost of the permit
  207  processing fee is a fiscal hardship due to one of the following
  208  factors:
  209         (1) Per capita taxable value is less than the statewide
  210  average for the current fiscal year;
  211         (2) Percentage of assessed property value that is exempt
  212  from ad valorem taxation is higher than the statewide average
  213  for the current fiscal year;
  214         (3) Any condition specified in s. 218.503(1) which results
  215  in the county or municipality being in a state of financial
  216  emergency;
  217         (4) Ad valorem operating millage rate for the current
  218  fiscal year is greater than 8 mills; or
  219         (5) A financial condition that is documented in annual
  220  financial statements at the end of the current fiscal year and
  221  indicates an inability to pay the permit processing fee during
  222  that fiscal year.
  224  The permit applicant must be the governing body of a county or
  225  municipality, or a third party under contract with a county or
  226  municipality, or an entity created by special act, local
  227  ordinance, or interlocal agreement, and the project for which
  228  the fee reduction or waiver is sought must serve a public
  229  purpose. If a permit processing fee is reduced, the total fee
  230  may shall not exceed $100.
  231         Section 4. Paragraphs (a) and (b) of subsection (3) of
  232  section 258.397, Florida Statutes, are amended to read:
  233         258.397 Biscayne Bay Aquatic Preserve.—
  234         (3) AUTHORITY OF TRUSTEES.—The Board of Trustees of the
  235  Internal Improvement Trust Fund is authorized and directed to
  236  maintain the aquatic preserve hereby created pursuant and
  237  subject to the following provisions:
  238         (a) A No further sale, transfer, or lease of sovereignty
  239  submerged lands in the preserve may not shall be approved or
  240  consummated by the board of trustees, except upon a showing of
  241  extreme hardship on the part of the applicant and a
  242  determination by the board of trustees that such sale, transfer,
  243  or lease is in the public interest. A municipal applicant
  244  proposing a project under paragraph (b) is exempt from showing
  245  extreme hardship.
  246         (b) A No further dredging or filling of submerged lands of
  247  the preserve may not shall be approved or tolerated by the board
  248  of trustees except:
  249         1. Such minimum dredging and spoiling as may be authorized
  250  for public navigation projects or for such minimum dredging and
  251  spoiling as may be constituted as a public necessity or for
  252  preservation of the bay according to the expressed intent of
  253  this section.
  254         2. Such other alteration of physical conditions, including
  255  the placement of riprap, as may be necessary to enhance the
  256  quality and utility of the preserve.
  257         3. Such minimum dredging and filling as may be authorized
  258  for the creation and maintenance of marinas, piers, and docks
  259  and their attendant navigation channels and access roads. Such
  260  projects may only be authorized only upon a specific finding by
  261  the board of trustees that there is assurance that the project
  262  will be constructed and operated in a manner that will not
  263  adversely affect the water quality and utility of the preserve.
  264  This subparagraph does shall not authorize the connection of
  265  upland canals to the waters of the preserve.
  266         4. Such dredging as is necessary for the purpose of
  267  eliminating conditions hazardous to the public health or for the
  268  purpose of eliminating stagnant waters, islands, and spoil
  269  banks, the dredging of which would enhance the aesthetic and
  270  environmental quality and utility of the preserve and be clearly
  271  in the public interest as determined by the board of trustees.
  272         5. Such dredging and filling as necessary for the creation
  273  of public waterfront promenades.
  275  Any dredging or filling under this subsection or improvements
  276  under subsection (5) may shall be approved only after public
  277  notice as provided by s. 253.115.
  278         Section 5. Subsection (4) of section 339.63, Florida
  279  Statutes, is amended, and subsections (5) and (6) are added to
  280  that section, to read:
  281         339.63 System facilities designated; additions and
  282  deletions.—
  283         (4) After the initial designation of the Strategic
  284  Intermodal System under subsection (1), the department shall, in
  285  coordination with the metropolitan planning organizations, local
  286  governments, regional planning councils, transportation
  287  providers, and affected public agencies, add facilities to or
  288  delete facilities from the Strategic Intermodal System described
  289  in paragraph (2)(a) based upon criteria adopted by the
  290  department with the exceptions provided in subsections (5) and
  291  (6).
  292         (5)However, An airport that is designated as a reliever
  293  airport to a Strategic Intermodal System airport which has at
  294  least 75,000 itinerant operations per year, has a runway length
  295  of at least 5,500 linear feet, is capable of handling aircraft
  296  weighing at least 60,000 pounds with a dual wheel configuration
  297  which is served by at least one precision instrument approach,
  298  and serves a cluster of aviation-dependent industries, shall be
  299  designated as part of the Strategic Intermodal System by the
  300  Secretary of Transportation upon the request of a reliever
  301  airport meeting this criteria.
  302         (6) A planned facility that is projected to create at least
  303  50 full-time jobs and is designated in the local comprehensive
  304  plan as an intermodal logistics center or inland logistics
  305  center, or the local equivalent, and meets the following
  306  criteria shall be designated as part of the Strategic Intermodal
  307  System by the Secretary of Transportation upon the request of a
  308  planned intermodal logistics center facility. The planned
  309  facility must:
  310         (a) Serve the purpose of receiving or sending cargo for
  311  distribution and providing cargo storage, consolidation, and
  312  repackaging and transfer of goods, and may, if developed as
  313  proposed, include other intermodal terminals, related
  314  transportation facility, warehousing and distribution, and
  315  associated office space, light industrial, manufacturing, and
  316  assembly uses;
  317         (b) Be proximate to one or more Strategic Intermodal
  318  System-designated highway facility for the purpose of
  319  facilitating regional freight traffic movements within the
  320  state;
  321         (c) Be located within 30 miles to an existing Strategic
  322  Intermodal System- or Emerging Strategic Intermodal System
  323  designated rail line;
  324         (d) Be located within 100 miles of a Strategic Intermodal
  325  System-designated seaport, for the purpose of providing
  326  additional relief for expansion of cargo storage and seaport
  327  movement capacity, and have a collaborative agreement, letter of
  328  interest, or memorandum of understanding with the seaport; and
  329         (e) Be consistent with market feasibility studies for
  330  location and size of a intermodal logistics center or an inland
  331  port facility as published by the Department of Transportation
  332  or other sources.
  334  If a planned facility is designated as an intermodal logistics
  335  center or inland logistics center, or the local equivalent, a
  336  local government must adopt a waiver of transportation
  337  concurrency or a limited exemption that allows up to 150 percent
  338  increase in the adopted level of service capacity standard for
  339  the project’s impact to roadway facilities on the Strategic
  340  Intermodal System.
  341         Section 6. Subsection (10) is added to section 373.026,
  342  Florida Statutes, to read:
  343         373.026 General powers and duties of the department.—The
  344  department, or its successor agency, shall be responsible for
  345  the administration of this chapter at the state level. However,
  346  it is the policy of the state that, to the greatest extent
  347  possible, the department may enter into interagency or
  348  interlocal agreements with any other state agency, any water
  349  management district, or any local government conducting programs
  350  related to or materially affecting the water resources of the
  351  state. All such agreements shall be subject to the provisions of
  352  s. 373.046. In addition to its other powers and duties, the
  353  department shall, to the greatest extent possible:
  354         (10) Expand the use of Internet-based self-certification
  355  services for appropriate exemptions and general permits issued
  356  by the department and the water management districts, if the
  357  expansion is economically feasible. In addition to expanding the
  358  use of Internet-based, self-certification services for
  359  appropriate exemptions and general permits, the department and
  360  the water management districts shall identify and develop
  361  general permits for appropriate activities currently requiring
  362  individual review which could be expedited through the use of
  363  applicable professional certification.
  364         Section 7. Section 373.306, Florida Statutes, is amended to
  365  read:
  366         373.306 Scope.—A No person may not shall construct, repair,
  367  abandon, or cause to be constructed, repaired, or abandoned, any
  368  water well contrary to the provisions of this part and
  369  applicable rules and regulations. This part does shall not apply
  370  to equipment used temporarily for dewatering purposes or to the
  371  process used in dewatering or to wells that have been authorized
  372  under the state’s underground injection control program pursuant
  373  to department rules.
  374         Section 8. Subsection (2) of section 373.4141, Florida
  375  Statutes, is amended, and subsection (4) is added to that
  376  section, to read:
  377         373.4141 Permits; processing.—
  378         (2) A permit shall be approved, or denied, or subject to a
  379  notice of proposed agency action within 60 90 days after receipt
  380  of the original application, the last item of timely requested
  381  additional material, or the applicant’s written request to begin
  382  processing the permit application.
  383         (4) A state agency or an agency of the state may not
  384  require as a condition of approval for a permit or as an item to
  385  complete a pending permit application that an applicant obtain a
  386  permit or approval from any other local, state, or federal
  387  agency without explicit statutory authority to require such
  388  permit or approval.
  389         Section 9. Section 373.4144, Florida Statutes, is amended
  390  to read:
  391         373.4144 Federal environmental permitting.—
  392         (1) It is the intent of the Legislature to facilitate the
  393  coordination of a more efficient process for implementing
  394  regulatory duties and functions between the Department of
  395  Environmental Protection, the water management districts, the
  396  United States Army Corps of Engineers, the United States Fish
  397  and Wildlife Service, the National Marine Fisheries Service, the
  398  United States Environmental Protection Agency, the Fish and
  399  Wildlife Conservation Commission, and other relevant federal and
  400  state agencies.
  401         (2) The Department of Environmental Protection may obtain
  402  issuance by the United States Army Corps of Engineers, pursuant
  403  to state and federal law and as set forth in this section, of an
  404  expanded state programmatic general permit, or a series of
  405  regional general permits, for categories of activities in waters
  406  of the United States governed by the Clean Water Act and in
  407  navigable waters under the Rivers and Harbors Act of 1899 which
  408  are similar in nature, which will cause only minimal adverse
  409  environmental effects when performed separately, and which will
  410  have only minimal cumulative adverse effects on the environment.
  411         (3) The Department of Environmental Protection may use a
  412  state general permit or a regional general permit to eliminate
  413  overlapping federal regulations and state rules that protect the
  414  same resource and to avoid duplication of permitting between the
  415  United States Army Corps of Engineers and the department for
  416  minor work located in waters of the United States, including
  417  navigable waters, and to eliminate, in appropriate cases, the
  418  need for a separate individual approval from the United States
  419  Army Corps of Engineers while ensuring the most stringent
  420  protection of wetland resources.
  421         (4) The department may not seek issuance of or take any
  422  action pursuant to a permit unless the conditions of that permit
  423  are at least as protective of the environment and natural
  424  resources as existing state law under this part and federal law
  425  under the Clean Water Act and the Rivers and Harbors Act of
  426  1899.
  427         (5) The department and the water management districts may
  428  implement a voluntary state programmatic general permit for all
  429  dredge and fill activities impacting 3 acres or less of wetlands
  430  or other surface waters, including navigable waters, subject to
  431  agreement with the United States Army Corps of Engineers, if the
  432  general permit is at least as protective of the environment and
  433  natural resources as existing state law under this part and
  434  federal law under the Clean Water Act and the Rivers and Harbors
  435  Act of 1899.
  436         (1) The department is directed to develop, on or before
  437  October 1, 2005, a mechanism or plan to consolidate, to the
  438  maximum extent practicable, the federal and state wetland
  439  permitting programs. It is the intent of the Legislature that
  440  all dredge and fill activities impacting 10 acres or less of
  441  wetlands or waters, including navigable waters, be processed by
  442  the state as part of the environmental resource permitting
  443  program implemented by the department and the water management
  444  districts. The resulting mechanism or plan shall analyze and
  445  propose the development of an expanded state programmatic
  446  general permit program in conjunction with the United States
  447  Army Corps of Engineers pursuant to s. 404 of the Clean Water
  448  Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
  449  and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,
  450  or in combination with an expanded state programmatic general
  451  permit, the mechanism or plan may propose the creation of a
  452  series of regional general permits issued by the United States
  453  Army Corps of Engineers pursuant to the referenced statutes. All
  454  of the regional general permits must be administered by the
  455  department or the water management districts or their designees.
  456         (2) The department is directed to file with the Speaker of
  457  the House of Representatives and the President of the Senate a
  458  report proposing any required federal and state statutory
  459  changes that would be necessary to accomplish the directives
  460  listed in this section and to coordinate with the Florida
  461  Congressional Delegation on any necessary changes to federal law
  462  to implement the directives.
  463         (6)(3)Nothing in This section does not shall be construed
  464  to preclude the department from pursuing a series of regional
  465  general permits for construction activities in wetlands or
  466  surface waters or from pursuing complete assumption of federal
  467  permitting programs regulating the discharge of dredged or fill
  468  material pursuant to s. 404 of the Clean Water Act, Pub. L. No.
  469  92-500, as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of the
  470  Rivers and Harbors Act of 1899, so long as the assumption
  471  encompasses all dredge and fill activities in, on, or over
  472  jurisdictional wetlands or waters, including navigable waters,
  473  within the state.
  474         Section 10. Present subsections (3), (4), and (5) of
  475  section 373.441, Florida Statutes, are renumbered as subsections
  476  (7), (8), and (9), respectively, and new subsections (3), (4),
  477  and (5) and subsection (6) are added to that section, to read:
  478         373.441 Role of counties, municipalities, and local
  479  pollution control programs in permit processing; delegation.—
  480         (3) A county or municipality that has a population of
  481  400,000 or more as of July 1, 2012, and that implements a local
  482  pollution control program regulating all or a portion of the
  483  wetlands or surface waters throughout its geographic boundary
  484  must apply for delegation of state environmental resource
  485  permitting authority before January 1, 2014. If the county or
  486  municipality fails to receive delegation of all or a portion of
  487  state environmental resource permitting authority within 2 years
  488  after submitting its application for delegation or by January 1,
  489  2016, at the latest, it may not require permits that in part or
  490  in full are substantially similar to the requirements needed to
  491  obtain an environmental resource permit. A county or
  492  municipality that has received delegation before January 1,
  493  2014, does not need to reapply.
  494         (4) The department may delegate state environmental
  495  resource permitting authority to local governments. The
  496  department must grant or deny an application for delegation of
  497  authority submitted by a county or municipality that meets the
  498  criteria in subsection (3) within 2 years after receipt of the
  499  application. If an application for delegation of authority is
  500  denied, any available legal challenge to the denial tolls the
  501  preemption deadline until resolution of the legal challenge.
  502  Upon delegation of authority to a qualified local government,
  503  the department and water management district may not regulate
  504  the activities delegated to the qualified local government
  505  within that jurisdiction.
  506         (5) This section does not prohibit or limit a local
  507  government that meets the criteria in subsection (3) from
  508  regulating wetlands or surface waters on or after January 1,
  509  2014, if the local government receives delegation of all or a
  510  portion of state environmental resource permitting authority
  511  within 2 years after submitting its application for the
  512  delegation.
  513         (6) Notwithstanding subsections (3), (4), and (5), this
  514  section does not apply to environmental resource permitting or
  515  reclamation applications for solid mineral mining and does not
  516  prohibit the application of local government regulations to any
  517  new solid mineral mine or any proposed addition to, change to,
  518  or expansion of an existing solid mineral mine.
  519         Section 11. Paragraph (b) of subsection (11) of section
  520  376.3071, Florida Statutes, is amended to read:
  521         376.3071 Inland Protection Trust Fund; creation; purposes;
  522  funding.—
  523         (11)
  524         (b) Low-scored site initiative.—Notwithstanding s.
  525  376.30711, any site with a priority ranking score of 10 points
  526  or less may voluntarily participate in the low-scored site
  527  initiative, whether or not the site is eligible for state
  528  restoration funding.
  529         1. To participate in the low-scored site initiative, the
  530  responsible party or property owner must affirmatively
  531  demonstrate that the following conditions are met:
  532         a. Upon reassessment pursuant to department rule, the site
  533  retains a priority ranking score of 10 points or less.
  534         b. No excessively contaminated soil, as defined by
  535  department rule, exists onsite as a result of a release of
  536  petroleum products.
  537         c. A minimum of 6 months of groundwater monitoring
  538  indicates that the plume is shrinking or stable.
  539         d. The release of petroleum products at the site does not
  540  adversely affect adjacent surface waters, including their
  541  effects on human health and the environment.
  542         e. The area of groundwater containing the petroleum
  543  products’ chemicals of concern is less than one-quarter acre and
  544  is confined to the source property boundaries of the real
  545  property on which the discharge originated.
  546         f. Soils onsite that are subject to human exposure found
  547  between land surface and 2 feet below land surface meet the soil
  548  cleanup target levels established by department rule or human
  549  exposure is limited by appropriate institutional or engineering
  550  controls.
  551         2. Upon affirmative demonstration of the conditions under
  552  subparagraph 1., the department shall issue a determination of
  553  “No Further Action.” Such determination acknowledges that
  554  minimal contamination exists onsite and that such contamination
  555  is not a threat to human health or the environment. If no
  556  contamination is detected, the department may issue a site
  557  rehabilitation completion order.
  558         3. Sites that are eligible for state restoration funding
  559  may receive payment of preapproved costs for the low-scored site
  560  initiative as follows:
  561         a. A responsible party or property owner may submit an
  562  assessment plan designed to affirmatively demonstrate that the
  563  site meets the conditions under subparagraph 1. Notwithstanding
  564  the priority ranking score of the site, the department may
  565  preapprove the cost of the assessment pursuant to s. 376.30711,
  566  including 6 months of groundwater monitoring, not to exceed
  567  $30,000 for each site. The department may not pay the costs
  568  associated with the establishment of institutional or
  569  engineering controls.
  570         b. The assessment work shall be completed no later than 6
  571  months after the department issues its approval.
  572         c. No more than $10 million for the low-scored site
  573  initiative may shall be encumbered from the Inland Protection
  574  Trust Fund in any fiscal year. Funds shall be made available on
  575  a first-come, first-served basis and shall be limited to 10
  576  sites in each fiscal year for each responsible party or property
  577  owner.
  578         d. Program deductibles, copayments, and the limited
  579  contamination assessment report requirements under paragraph
  580  (13)(c) do not apply to expenditures under this paragraph.
  581         Section 12. Section 376.30715, Florida Statutes, is amended
  582  to read:
  583         376.30715 Innocent victim petroleum storage system
  584  restoration.—A contaminated site acquired by the current owner
  585  before prior to July 1, 1990, which has ceased operating as a
  586  petroleum storage or retail business before prior to January 1,
  587  1985, is eligible for financial assistance pursuant to s.
  588  376.305(6), notwithstanding s. 376.305(6)(a). For purposes of
  589  this section, the term “acquired” means the acquisition of title
  590  to the property; however, a subsequent transfer of the property
  591  to a spouse or a child of the owner, a surviving spouse or a
  592  child of the owner in trust or free of trust, or a revocable
  593  trust created for the benefit of the settlor, or a corporate
  594  entity created by the owner to hold title to the site does not
  595  disqualify the site from financial assistance pursuant to s.
  596  376.305(6). Applicants previously denied coverage may reapply.
  597  Eligible sites shall be ranked in accordance with s.
  598  376.3071(5).
  599         Section 13. Subsection (1) of section 380.0657, Florida
  600  Statutes, is amended to read:
  601         380.0657 Expedited permitting process for economic
  602  development projects.—
  603         (1) The Department of Environmental Protection and, as
  604  appropriate, the water management districts created under
  605  chapter 373 shall adopt programs to expedite the processing of
  606  wetland resource and environmental resource permits for economic
  607  development projects that have been identified by a municipality
  608  or county as meeting the definition of target industry
  609  businesses under s. 288.106, or any inland multimodal facility
  610  receiving or sending cargo to or from state ports, with the
  611  exception of those projects requiring approval by the Board of
  612  Trustees of the Internal Improvement Trust Fund.
  613         Section 14. Subsection (11) of section 403.061, Florida
  614  Statutes, is amended to read:
  615         403.061 Department; powers and duties.—The department shall
  616  have the power and the duty to control and prohibit pollution of
  617  air and water in accordance with the law and rules adopted and
  618  promulgated by it and, for this purpose, to:
  619         (11) Establish ambient air quality and water quality
  620  standards for the state as a whole or for any part thereof, and
  621  also standards for the abatement of excessive and unnecessary
  622  noise. The department may is authorized to establish reasonable
  623  zones of mixing for discharges into waters. For existing
  624  installations as defined by department rule, zones of discharge
  625  to groundwater are authorized to a facility’s or owner’s
  626  property boundary and extending to the base of a specifically
  627  designated aquifer or aquifers. Primary and secondary
  628  groundwater standards that are exceeded and that occur within a
  629  zone of discharge do not create a liability pursuant to this
  630  chapter or chapter 376 for site cleanup, and soil cleanup target
  631  levels that are exceeded are not a basis for enforcement or site
  632  cleanup.
  633         (a) If When a receiving body of water fails to meet a water
  634  quality standard for pollutants set forth in department rules, a
  635  steam electric generating plant discharge of pollutants that is
  636  existing or licensed under this chapter on July 1, 1984, may
  637  nevertheless be granted a mixing zone, provided that:
  638         1. The standard would not be met in the water body in the
  639  absence of the discharge;
  640         2. The discharge is in compliance with all applicable
  641  technology-based effluent limitations;
  642         3. The discharge does not cause a measurable increase in
  643  the degree of noncompliance with the standard at the boundary of
  644  the mixing zone; and
  645         4. The discharge otherwise complies with the mixing zone
  646  provisions specified in department rules.
  647         (b) A No mixing zone for point source discharges may not
  648  shall be permitted in Outstanding Florida Waters except for:
  649         1. Sources that have received permits from the department
  650  prior to April 1, 1982, or the date of designation, whichever is
  651  later;
  652         2. Blowdown from new power plants certified pursuant to the
  653  Florida Electrical Power Plant Siting Act;
  654         3. Discharges of water necessary for water management
  655  purposes which have been approved by the governing board of a
  656  water management district and, if required by law, by the
  657  secretary; and
  658         4. The discharge of demineralization concentrate which has
  659  been determined permittable under s. 403.0882 and which meets
  660  the specific provisions of s. 403.0882(4)(a) and (b), if the
  661  proposed discharge is clearly in the public interest.
  662         (c) The department, by rule, shall establish water quality
  663  criteria for wetlands which criteria give appropriate
  664  recognition to the water quality of such wetlands in their
  665  natural state.
  667  Nothing in This act does not shall be construed to invalidate
  668  any existing department rule relating to mixing zones. The
  669  department shall cooperate with the Department of Highway Safety
  670  and Motor Vehicles in the development of regulations required by
  671  s. 316.272(1).
  673  The department shall implement such programs in conjunction with
  674  its other powers and duties and shall place special emphasis on
  675  reducing and eliminating contamination that presents a threat to
  676  humans, animals or plants, or to the environment.
  677         Section 15. Subsection (7) of section 403.087, Florida
  678  Statutes, is amended to read:
  679         403.087 Permits; general issuance; denial; revocation;
  680  prohibition; penalty.—
  681         (7) A permit issued pursuant to this section does shall not
  682  become a vested right in the permittee. The department may
  683  revoke any permit issued by it if it finds that the permitholder
  684  has:
  685         (a) Has Submitted false or inaccurate information in the
  686  his or her application for the permit;
  687         (b) Has Violated law, department orders, rules, or
  688  regulations, or permit conditions;
  689         (c) Has Failed to submit operational reports or other
  690  information required by department rule which directly relates
  691  to the permit and has refused to correct or cure such violation
  692  when requested to do so or regulation; or
  693         (d) Has Refused lawful inspection under s. 403.091 at the
  694  facility authorized by the permit.
  695         Section 16. Subsection (2) of section 403.1838, Florida
  696  Statutes, is amended to read:
  697         403.1838 Small Community Sewer Construction Assistance
  698  Act.—
  699         (2) The department shall use funds specifically
  700  appropriated to award grants under this section to assist
  701  financially disadvantaged small communities with their needs for
  702  adequate sewer facilities. For purposes of this section, the
  703  term “financially disadvantaged small community” means a
  704  municipality that has with a population of 10,000 7,500 or fewer
  705  less, according to the latest decennial census and a per capita
  706  annual income less than the state per capita annual income as
  707  determined by the United States Department of Commerce.
  708         Section 17. Paragraph (f) of subsection (1) of section
  709  403.7045, Florida Statutes, is amended to read:
  710         403.7045 Application of act and integration with other
  711  acts.—
  712         (1) The following wastes or activities shall not be
  713  regulated pursuant to this act:
  714         (f) Industrial byproducts, if:
  715         1. A majority of the industrial byproducts are demonstrated
  716  to be sold, used, or reused within 1 year.
  717         2. The industrial byproducts are not discharged, deposited,
  718  injected, dumped, spilled, leaked, or placed upon any land or
  719  water so that such industrial byproducts, or any constituent
  720  thereof, may enter other lands or be emitted into the air or
  721  discharged into any waters, including groundwaters, or otherwise
  722  enter the environment such that a threat of contamination in
  723  excess of applicable department standards and criteria or a
  724  significant threat to public health is caused.
  725         3. The industrial byproducts are not hazardous wastes as
  726  defined under s. 403.703 and rules adopted under this section.
  728  Sludge from an industrial waste treatment works which meets the
  729  exemption requirements of this paragraph is not solid waste as
  730  defined in s. 403.703(32).
  731         Section 18. Subsections (2) and (3) of section 403.707,
  732  Florida Statutes, are amended to read:
  733         403.707 Permits.—
  734         (2) Except as provided in s. 403.722(6), a permit under
  735  this section is not required for the following, if the activity
  736  does not create a public nuisance or any condition adversely
  737  affecting the environment or public health and does not violate
  738  other state or local laws, ordinances, rules, regulations, or
  739  orders:
  740         (a) Disposal by persons of solid waste resulting from their
  741  own activities on their own property, if such waste is ordinary
  742  household waste from their residential property or is rocks,
  743  soils, trees, tree remains, and other vegetative matter that
  744  normally result from land development operations. Disposal of
  745  materials that could create a public nuisance or adversely
  746  affect the environment or public health, such as white goods;
  747  automotive materials, such as batteries and tires; petroleum
  748  products; pesticides; solvents; or hazardous substances, is not
  749  covered under this exemption.
  750         (b) Storage in containers by persons of solid waste
  751  resulting from their own activities on their property, leased or
  752  rented property, or property subject to a homeowners’ homeowners
  753  or maintenance association for which the person contributes
  754  association assessments, if the solid waste in such containers
  755  is collected at least once a week.
  756         (c) Disposal by persons of solid waste resulting from their
  757  own activities on their property, if the environmental effects
  758  of such disposal on groundwater and surface waters are:
  759         1. Addressed or authorized by a site certification order
  760  issued under part II or a permit issued by the department under
  761  this chapter or rules adopted pursuant to this chapter; or
  762         2. Addressed or authorized by, or exempted from the
  763  requirement to obtain, a groundwater monitoring plan approved by
  764  the department. If a facility has a permit authorizing disposal
  765  activity, a new area where solid waste is being disposed of
  766  which is monitored by an existing or modified groundwater
  767  monitoring plan is not required to be specifically authorized in
  768  a permit or other certification.
  769         (d) Disposal by persons of solid waste resulting from their
  770  own activities on their own property, if such disposal occurred
  771  prior to October 1, 1988.
  772         (e) Disposal of solid waste resulting from normal farming
  773  operations as defined by department rule. Polyethylene
  774  agricultural plastic, damaged, nonsalvageable, untreated wood
  775  pallets, and packing material that cannot be feasibly recycled,
  776  which are used in connection with agricultural operations
  777  related to the growing, harvesting, or maintenance of crops, may
  778  be disposed of by open burning if a public nuisance or any
  779  condition adversely affecting the environment or the public
  780  health is not created by the open burning and state or federal
  781  ambient air quality standards are not violated.
  782         (f) The use of clean debris as fill material in any area.
  783  However, this paragraph does not exempt any person from
  784  obtaining any other required permits, and does not affect a
  785  person’s responsibility to dispose of clean debris appropriately
  786  if it is not to be used as fill material.
  787         (g) Compost operations that produce less than 50 cubic
  788  yards of compost per year when the compost produced is used on
  789  the property where the compost operation is located.
  790         (3)(a) All applicable provisions of ss. 403.087 and
  791  403.088, relating to permits, apply to the control of solid
  792  waste management facilities.
  793         (b) A permit, including a general permit, issued to a solid
  794  waste management facility that is designed with a leachate
  795  control system meeting department requirements shall be issued
  796  for a term of 20 years unless the applicant requests a shorter
  797  permit term. Notwithstanding the limitations of s.
  798  403.087(6)(a), existing permit fees for a qualifying solid waste
  799  management facility shall be adjusted to the permit term
  800  authorized by this section. This paragraph applies to a
  801  qualifying solid waste management facility that applies for an
  802  operating or construction permit or renews an existing operating
  803  or construction permit on or after October 1, 2012.
  804         (c)A permit, including a general permit, but not including
  805  a registration, issued to a solid waste management facility that
  806  does not have a leachate control system meeting department
  807  requirements shall be renewed for a term of 10 years, unless the
  808  applicant requests a shorter term, if the following conditions
  809  are met:
  810         1.The applicant has conducted the regulated activity at
  811  the same site for which the renewal is sought for at least 4
  812  years and 6 months before the date that the permit application
  813  is received by the department; and
  814         2.At the time of applying for the renewal permit:
  815         a.The applicant is not subject to a notice of violation,
  816  consent order, or administrative order issued by the department
  817  for violation of an applicable law or rule;
  818         b.The department has not notified the applicant that the
  819  applicant is required to implement assessment or evaluation
  820  monitoring as a result of applicable groundwater standards or
  821  criteria being exceeded, or, if applicable, the applicant is
  822  completing corrective actions in accordance with applicable
  823  department rules; and
  824         c.The applicant is in compliance with the applicable
  825  financial assurance requirements.
  826         (d)The department may adopt rules to administer this
  827  subsection; however, the provisions of chapter 120 which require
  828  a statement of estimated regulatory cost and legislative
  829  ratification do not apply to such rulemaking, and the department
  830  is not required to submit the rules to the Environmental
  831  Regulation Commission for approval. Notwithstanding the
  832  limitations of s. 403.087(6)(a), permit fee caps for solid waste
  833  management facilities shall be prorated to reflect the extended
  834  permit term authorized by this subsection.
  835         Section 19. Subsection (5) is added to section 403.709,
  836  Florida Statutes, to read:
  837         403.709 Solid Waste Management Trust Fund; use of waste
  838  tire fees.—There is created the Solid Waste Management Trust
  839  Fund, to be administered by the department.
  840         (5) A solid waste landfill closure account is created
  841  within the Solid Waste Management Trust Fund to provide funding
  842  for the closing and long-term care of solid waste management
  843  facilities, if:
  844         (a)The facility has or had a department permit to operate;
  845         (b)The permittee provided proof of financial assurance for
  846  closure in the form of an insurance certificate;
  847         (c)The facility has been deemed to be abandoned or has
  848  been ordered to close by the department; and
  849         (d)Closure will be accomplished in substantial accordance
  850  with a closure plan approved by the department.
  852  The department has a reasonable expectation that the insurance
  853  company issuing the closure insurance policy will provide or
  854  reimburse most or all of the funds required to complete the
  855  closing and long-term care of the facility. If the insurance
  856  company reimburses the department for the costs of the closing
  857  or long-term care of the facility, the department shall deposit
  858  the funds into the solid waste landfill closure account.
  859         Section 20. Section 403.7125, Florida Statutes, is amended
  860  to read:
  861         403.7125 Financial assurance for closure.—
  862         (1) Each Every owner or operator of a landfill is jointly
  863  and severally liable for the improper operation and closure of
  864  the landfill, as provided by law. As used in this section, the
  865  term “owner or operator” means any owner of record of any
  866  interest in land wherein a landfill is or has been located and
  867  any person or corporation that owns a majority interest in any
  868  other corporation that is the owner or operator of a landfill.
  869         (2) The owner or operator of a landfill owned or operated
  870  by a local or state government or the Federal Government shall
  871  establish a fee, or a surcharge on existing fees or other
  872  appropriate revenue-producing mechanism, to ensure the
  873  availability of financial resources for the proper closure of
  874  the landfill. However, the disposal of solid waste by persons on
  875  their own property, as described in s. 403.707(2), is exempt
  876  from this section.
  877         (a) The revenue-producing mechanism must produce revenue at
  878  a rate sufficient to generate funds to meet state and federal
  879  landfill closure requirements.
  880         (b) The revenue shall be deposited in an interest-bearing
  881  escrow account to be held and administered by the owner or
  882  operator. The owner or operator shall file with the department
  883  an annual audit of the account. The audit shall be conducted by
  884  an independent certified public accountant. Failure to collect
  885  or report such revenue, except as allowed in subsection (3), is
  886  a noncriminal violation punishable by a fine of not more than
  887  $5,000 for each offense. The owner or operator may make
  888  expenditures from the account and its accumulated interest only
  889  for the purpose of landfill closure and, if such expenditures do
  890  not deplete the fund to the detriment of eventual closure, for
  891  planning and construction of resource recovery or landfill
  892  facilities. Any moneys remaining in the account after paying for
  893  proper and complete closure, as determined by the department,
  894  shall, if the owner or operator does not operate a landfill, be
  895  deposited by the owner or operator into the general fund or the
  896  appropriate solid waste fund of the local government of
  897  jurisdiction.
  898         (c) The revenue generated under this subsection and any
  899  accumulated interest thereon may be applied to the payment of,
  900  or pledged as security for, the payment of revenue bonds issued
  901  in whole or in part for the purpose of complying with state and
  902  federal landfill closure requirements. Such application or
  903  pledge may be made directly in the proceedings authorizing such
  904  bonds or in an agreement with an insurer of bonds to assure such
  905  insurer of additional security therefor.
  906         (d) The provisions of s. 212.055 which relate to raising of
  907  revenues for landfill closure or long-term maintenance do not
  908  relieve a landfill owner or operator from the obligations of
  909  this section.
  910         (e) The owner or operator of any landfill that had
  911  established an escrow account in accordance with this section
  912  and the conditions of its permit before prior to January 1,
  913  2007, may continue to use that escrow account to provide
  914  financial assurance for closure of that landfill, even if that
  915  landfill is not owned or operated by a local or state government
  916  or the Federal Government.
  917         (3) An owner or operator of a landfill owned or operated by
  918  a local or state government or by the Federal Government may
  919  provide financial assurance to the department in lieu of the
  920  requirements of subsection (2). An owner or operator of any
  921  other landfill, or any other solid waste management facility
  922  designated by department rule, shall provide financial assurance
  923  to the department for the closure of the facility. Such
  924  financial assurance may include surety bonds, certificates of
  925  deposit, securities, letters of credit, or other documents
  926  showing that the owner or operator has sufficient financial
  927  resources to cover, at a minimum, the costs of complying with
  928  applicable closure requirements. The owner or operator shall
  929  estimate such costs to the satisfaction of the department.
  930         (4) This section does not repeal, limit, or abrogate any
  931  other law authorizing local governments to fix, levy, or charge
  932  rates, fees, or charges for the purpose of complying with state
  933  and federal landfill closure requirements.
  934         (5) The department shall by rule require that the owner or
  935  operator of a solid waste management facility that receives
  936  waste on or after October 9, 1993, and that is required by
  937  department rule to undertake corrective actions for violations
  938  of water quality standards provide financial assurance for the
  939  cost of completing such corrective actions. The same financial
  940  assurance mechanisms that are available for closure costs shall
  941  be available for costs associated with undertaking corrective
  942  actions.
  943         (6)(5) The department shall adopt rules to implement this
  944  section.
  945         Section 21. Subsection (12) is added to section 403.814,
  946  Florida Statutes, to read:
  947         403.814 General permits; delegation.—
  948         (12) A general permit shall be granted for the
  949  construction, alteration, and maintenance of a surface water
  950  management system serving a total project area of up to 10
  951  acres. The construction of the system may proceed without any
  952  agency action by the department or water management district if:
  953         (a) The total project area is less than 10 acres;
  954         (b) The total project area involves less than 2 acres of
  955  impervious surface;
  956         (c) The activities will not impact wetlands or other
  957  surface waters;
  958         (d) The activities are not conducted in, on, or over
  959  wetlands or other surface waters;
  960         (e) Drainage facilities will not include pipes having
  961  diameters greater than 24 inches, or the hydraulic equivalent,
  962  and will not use pumps in any manner;
  963         (f) The project is not part of a larger common plan,
  964  development, or sale;
  965         (g) The project does not cause:
  966         1. Adverse water quantity or flooding impacts to receiving
  967  water and adjacent lands;
  968         2. Adverse impacts to existing surface water storage and
  969  conveyance capabilities;
  970         3. A violation of state water quality standards; or
  971         4. An adverse impact to the maintenance of surface or
  972  ground water levels or surface water flows established pursuant
  973  to s. 373.042 or a work of the district established pursuant to
  974  s. 373.086; and
  975         (h) The surface water management system design plans are
  976  signed and sealed by a Florida-registered professional who
  977  attests that the system will perform and function as proposed
  978  and has been designed in accordance with appropriate, generally
  979  accepted performance standards and scientific principles.
  980         Section 22. Subsection (6) of section 403.853, Florida
  981  Statutes, is amended to read:
  982         403.853 Drinking water standards.—
  983         (6) Upon the request of the owner or operator of a
  984  transient noncommunity water system using groundwater as a
  985  source of supply and serving religious institutions or
  986  businesses, other than restaurants or other public food service
  987  establishments or religious institutions with school or day care
  988  services, and using groundwater as a source of supply, the
  989  department, or a local county health department designated by
  990  the department, shall perform a sanitary survey of the facility.
  991  Upon receipt of satisfactory survey results according to
  992  department criteria, the department shall reduce the
  993  requirements of such owner or operator from monitoring and
  994  reporting on a quarterly basis to performing these functions on
  995  an annual basis. Any revised monitoring and reporting schedule
  996  approved by the department under this subsection shall apply
  997  until such time as a violation of applicable state or federal
  998  primary drinking water standards is determined by the system
  999  owner or operator, by the department, or by an agency designated
 1000  by the department, after a random or routine sanitary survey.
 1001  Certified operators are not required for transient noncommunity
 1002  water systems of the type and size covered by this subsection.
 1003  Any reports required of such system shall be limited to the
 1004  minimum as required by federal law. When not contrary to the
 1005  provisions of federal law, the department may, upon request and
 1006  by rule, waive additional provisions of state drinking water
 1007  regulations for such systems.
 1008         Section 23. Paragraph (a) of subsection (3) and subsections
 1009  (4), (5), (10), (11), (14), (15), and (18) of section 403.973,
 1010  Florida Statutes, are amended to read:
 1011         403.973 Expedited permitting; amendments to comprehensive
 1012  plans.—
 1013         (3)(a) The secretary shall direct the creation of regional
 1014  permit action teams for the purpose of expediting review of
 1015  permit applications and local comprehensive plan amendments
 1016  submitted by:
 1017         1. Businesses creating at least 50 jobs or a commercial or
 1018  industrial development project that will be occupied by
 1019  businesses that would individually or collectively create at
 1020  least 50 jobs; or
 1021         2. Businesses creating at least 25 jobs if the project is
 1022  located in an enterprise zone, or in a county having a
 1023  population of fewer than 75,000 or in a county having a
 1024  population of fewer than 125,000 which is contiguous to a county
 1025  having a population of fewer than 75,000, as determined by the
 1026  most recent decennial census, residing in incorporated and
 1027  unincorporated areas of the county.
 1028         (4) The regional teams shall be established through the
 1029  execution of a project-specific memorandum memoranda of
 1030  agreement developed and executed by the applicant and the
 1031  secretary, with input solicited from the Department of Economic
 1032  Opportunity and the respective heads of the Department of
 1033  Transportation and its district offices, the Department of
 1034  Agriculture and Consumer Services, the Fish and Wildlife
 1035  Conservation Commission, appropriate regional planning councils,
 1036  appropriate water management districts, and voluntarily
 1037  participating municipalities and counties. The memorandum
 1038  memoranda of agreement should also accommodate participation in
 1039  this expedited process by other local governments and federal
 1040  agencies as circumstances warrant.
 1041         (5) In order to facilitate local government’s option to
 1042  participate in this expedited review process, the secretary
 1043  shall, in cooperation with local governments and participating
 1044  state agencies, create a standard form memorandum of agreement.
 1045  The standard form of the memorandum of agreement shall be used
 1046  only if the local government participates in the expedited
 1047  review process. In the absence of local government
 1048  participation, only the project-specific memorandum of agreement
 1049  executed pursuant to subsection (4) applies. A local government
 1050  shall hold a duly noticed public workshop to review and explain
 1051  to the public the expedited permitting process and the terms and
 1052  conditions of the standard form memorandum of agreement.
 1053         (10) The memorandum memoranda of agreement may provide for
 1054  the waiver or modification of procedural rules prescribing
 1055  forms, fees, procedures, or time limits for the review or
 1056  processing of permit applications under the jurisdiction of
 1057  those agencies that are members of the regional permit action
 1058  team party to the memoranda of agreement. Notwithstanding any
 1059  other provision of law to the contrary, a memorandum of
 1060  agreement must to the extent feasible provide for proceedings
 1061  and hearings otherwise held separately by the parties to the
 1062  memorandum of agreement to be combined into one proceeding or
 1063  held jointly and at one location. Such waivers or modifications
 1064  are not authorized shall not be available for permit
 1065  applications governed by federally delegated or approved
 1066  permitting programs, the requirements of which would prohibit,
 1067  or be inconsistent with, such a waiver or modification.
 1068         (11) The memorandum standard form for memoranda of
 1069  agreement must shall include guidelines to be used in working
 1070  with state, regional, and local permitting authorities.
 1071  Guidelines may include, but are not limited to, the following:
 1072         (a) A central contact point for filing permit applications
 1073  and local comprehensive plan amendments and for obtaining
 1074  information on permit and local comprehensive plan amendment
 1075  requirements.;
 1076         (b) Identification of the individual or individuals within
 1077  each respective agency who will be responsible for processing
 1078  the expedited permit application or local comprehensive plan
 1079  amendment for that agency.;
 1080         (c) A mandatory preapplication review process to reduce
 1081  permitting conflicts by providing guidance to applicants
 1082  regarding the permits needed from each agency and governmental
 1083  entity, site planning and development, site suitability and
 1084  limitations, facility design, and steps the applicant can take
 1085  to ensure expeditious permit application and local comprehensive
 1086  plan amendment review. As a part of this process, the first
 1087  interagency meeting to discuss a project shall be held within 14
 1088  days after the secretary’s determination that the project is
 1089  eligible for expedited review. Subsequent interagency meetings
 1090  may be scheduled to accommodate the needs of participating local
 1091  governments that are unable to meet public notice requirements
 1092  for executing a memorandum of agreement within this timeframe.
 1093  This accommodation may not exceed 45 days from the secretary’s
 1094  determination that the project is eligible for expedited
 1095  review.;
 1096         (d) The preparation of a single coordinated project
 1097  description form and checklist and an agreement by state and
 1098  regional agencies to reduce the burden on an applicant to
 1099  provide duplicate information to multiple agencies.;
 1100         (e) Establishment of a process for the adoption and review
 1101  of any comprehensive plan amendment needed by any certified
 1102  project within 90 days after the submission of an application
 1103  for a comprehensive plan amendment. However, the memorandum of
 1104  agreement may not prevent affected persons as defined in s.
 1105  163.3184 from appealing or participating in this expedited plan
 1106  amendment process and any review or appeals of decisions made
 1107  under this paragraph.; and
 1108         (f) Additional incentives for an applicant who proposes a
 1109  project that provides a net ecosystem benefit.
 1110         (14)(a) Challenges to state agency action in the expedited
 1111  permitting process for projects processed under this section are
 1112  subject to the summary hearing provisions of s. 120.574, except
 1113  that the administrative law judge’s decision, as provided in s.
 1114  120.574(2)(f), shall be in the form of a recommended order and
 1115  do not constitute the final action of the state agency. In those
 1116  proceedings where the action of only one agency of the state
 1117  other than the Department of Environmental Protection is
 1118  challenged, the agency of the state shall issue the final order
 1119  within 45 working days after receipt of the administrative law
 1120  judge’s recommended order, and the recommended order shall
 1121  inform the parties of their right to file exceptions or
 1122  responses to the recommended order in accordance with the
 1123  uniform rules of procedure pursuant to s. 120.54. In those
 1124  proceedings where the actions of more than one agency of the
 1125  state are challenged, the Governor shall issue the final order
 1126  within 45 working days after receipt of the administrative law
 1127  judge’s recommended order, and the recommended order shall
 1128  inform the parties of their right to file exceptions or
 1129  responses to the recommended order in accordance with the
 1130  uniform rules of procedure pursuant to s. 120.54. For This
 1131  paragraph does not apply to the issuance of department licenses
 1132  required under any federally delegated or approved permit
 1133  program. In such instances, the department, and not the
 1134  Governor, shall enter the final order. The participating
 1135  agencies of the state may opt at the preliminary hearing
 1136  conference to allow the administrative law judge’s decision to
 1137  constitute the final agency action.
 1138         (b) Projects identified in paragraph (3)(f) or challenges
 1139  to state agency action in the expedited permitting process for
 1140  establishment of a state-of-the-art biomedical research
 1141  institution and campus in this state by the grantee under s.
 1142  288.955 are subject to the same requirements as challenges
 1143  brought under paragraph (a), except that, notwithstanding s.
 1144  120.574, summary proceedings must be conducted within 30 days
 1145  after a party files the motion for summary hearing, regardless
 1146  of whether the parties agree to the summary proceeding.
 1147         (15) The Department of Economic Opportunity, working with
 1148  the agencies providing cooperative assistance and input
 1149  regarding the memorandum memoranda of agreement, shall review
 1150  sites proposed for the location of facilities that the
 1151  Department of Economic Opportunity has certified to be eligible
 1152  for the Innovation Incentive Program under s. 288.1089. Within
 1153  20 days after the request for the review by the Department of
 1154  Economic Opportunity, the agencies shall provide to the
 1155  Department of Economic Opportunity a statement as to each site’s
 1156  necessary permits under local, state, and federal law and an
 1157  identification of significant permitting issues, which if
 1158  unresolved, may result in the denial of an agency permit or
 1159  approval or any significant delay caused by the permitting
 1160  process.
 1161         (18) The Department of Economic Opportunity, working with
 1162  the Rural Economic Development Initiative and the agencies
 1163  participating in the memoranda of agreement, shall provide
 1164  technical assistance in preparing permit applications and local
 1165  comprehensive plan amendments for counties having a population
 1166  of fewer than 75,000 residents, or counties having fewer than
 1167  125,000 residents which are contiguous to counties having fewer
 1168  than 75,000 residents. Additional assistance may include, but
 1169  not be limited to, guidance in land development regulations and
 1170  permitting processes, working cooperatively with state,
 1171  regional, and local entities to identify areas within these
 1172  counties which may be suitable or adaptable for preclearance
 1173  review of specified types of land uses and other activities
 1174  requiring permits.
 1175         Section 24. Subsection (1) of section 526.203, Florida
 1176  Statutes, is amended, and subsection (5) is added to that
 1177  section, to read:
 1178         526.203 Renewable fuel standard.—
 1179         (1) DEFINITIONS.—As used in this act:
 1180         (a) “Blender,” “importer,” “terminal supplier,” and
 1181  “wholesaler” are defined as provided in s. 206.01.
 1182         (b) “Blended gasoline” means a mixture of 90 to 91 percent
 1183  gasoline and 9 to 10 percent fuel ethanol or other renewable
 1184  fuel, by volume, which that meets the specifications as adopted
 1185  by the department. The fuel ethanol portion may be derived from
 1186  any agricultural source.
 1187         (c) “Fuel ethanol” means an anhydrous denatured alcohol
 1188  produced by the conversion of carbohydrates that meets the
 1189  specifications as adopted by the department.
 1190         (d) “Renewable fuel” means a fuel produced from renewable
 1191  biomass which is used to replace or reduce the quantity of
 1192  fossil fuel present in a transportation fuel.
 1193         (e)(d) “Unblended gasoline” means gasoline that has not
 1194  been blended with fuel ethanol and that meets the specifications
 1195  as adopted by the department.
 1196         (5) SALE OF UNBLENDED FUELS.—This section does not prohibit
 1197  the sale of unblended fuels for the uses exempted under
 1198  subsection (3).
 1199         Section 25. This act shall take effect July 1, 2012.