Florida Senate - 2012                       CS for CS for SB 716
       By the Committees on Environmental Preservation and
       Conservation; and Community Affairs; and Senators Bennett and
       592-03007-12                                           2012716c2
    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         161.041, F.S.; providing conditions under which the
   10         Department of Environmental Protection is authorized
   11         to issue such permits in advance of the issuance of
   12         incidental take authorizations as provided under the
   13         Endangered Species Act; amending s. 166.033, F.S.;
   14         prohibiting a municipality from requiring an applicant
   15         to obtain a permit or approval from any state or
   16         federal agency as a condition of processing a
   17         development permit under certain conditions;
   18         authorizing a municipality to attach certain
   19         disclaimers to the issuance of a development permit;
   20         amending s. 218.075, F.S.; providing for the reduction
   21         or waiver of permit processing fees relating to
   22         projects that serve a public purpose for certain
   23         entities created by special act, local ordinance, or
   24         interlocal agreement; amending s. 258.397, F.S.;
   25         providing an exemption from a showing of extreme
   26         hardship relating to the sale, transfer, or lease of
   27         sovereignty submerged lands in the Biscayne Bay
   28         Aquatic Preserve for certain municipal applicants;
   29         amending s. 373.026, F.S.; requiring the department to
   30         expand its use of Internet-based self-certification
   31         services for exemptions and permits issued by the
   32         department and water management districts; amending s.
   33         373.326, F.S.; exempting certain underground injection
   34         control wells from permitting requirements under part
   35         III of ch. 373, F.S., relating to regulation of wells;
   36         providing a requirement for the construction of such
   37         wells; amending s. 373.4141, F.S.; reducing the time
   38         within which a permit must be approved, denied, or
   39         subject to notice of proposed agency action;
   40         prohibiting a state agency or an agency of the state
   41         from requiring additional permits or approval from a
   42         local, state, or federal agency without explicit
   43         authority; amending s. 373.4144, F.S.; providing
   44         legislative intent with respect to the coordination of
   45         regulatory duties among specified state and federal
   46         agencies; encouraging expanded use of the state
   47         programmatic general permit or regional general
   48         permits; providing for a voluntary state programmatic
   49         general permit for certain dredge and fill activities;
   50         amending s. 376.3071, F.S.; increasing the priority
   51         ranking score for participation in the low-scored site
   52         initiative; exempting program deductibles, copayments,
   53         and certain assessment report requirements from
   54         expenditures under the low-scored site initiative;
   55         amending s. 376.30715, F.S.; providing that the
   56         transfer of a contaminated site from an owner to a
   57         child of the owner or corporate entity does not
   58         disqualify the site from the innocent victim petroleum
   59         storage system restoration financial assistance
   60         program; authorizing certain applicants to reapply for
   61         financial assistance; amending s. 380.0657, F.S.;
   62         authorizing expedited permitting for certain inland
   63         multimodal facilities that individually or
   64         collectively will create a minimum number of jobs;
   65         amending s. 403.061, F.S.; authorizing zones of
   66         discharges to groundwater for specified installations;
   67         providing for modification of such zones of discharge;
   68         providing that exceedance of certain groundwater
   69         standards does not create liability for site cleanup;
   70         providing that exceedance of soil cleanup target
   71         levels is not a basis for enforcement or cleanup;
   72         amending s. 403.087, F.S.; revising conditions under
   73         which the department is authorized to revoke permits
   74         for sources of air and water pollution; amending s.
   75         403.1838, F.S.; revising the definition of the term
   76         “financially disadvantaged small community” for the
   77         purposes of the Small Community Sewer Construction
   78         Assistance Act; amending s. 403.7045, F.S.; providing
   79         conditions under which sludge from an industrial waste
   80         treatment works is not solid waste; amending s.
   81         403.706, F.S.; reducing the amount of recycled
   82         materials certain counties are required to apply
   83         toward state recycling goals; providing that certain
   84         renewable energy byproducts count toward state
   85         recycling goals; amending s. 403.707, F.S.; providing
   86         for waste-to-energy facilities to maximize acceptance
   87         and processing of nonhazardous solid and liquid waste;
   88         exempting the disposal of solid waste monitored by
   89         certain groundwater monitoring plans from specific
   90         authorization; specifying a permit term for solid
   91         waste management facilities designed with leachate
   92         control systems that meet department requirements;
   93         requiring permit fees to be adjusted; providing
   94         applicability; specifying a permit term for solid
   95         waste management facilities that do not have leachate
   96         control systems meeting department requirements under
   97         certain conditions; authorizing the department to
   98         adopt rules; providing that the department is not
   99         required to submit the rules to the Environmental
  100         Regulation Commission for approval; requiring permit
  101         fee caps to be prorated; amending s. 403.7125, F.S.;
  102         requiring the department to require by rule that
  103         owners or operators of solid waste management
  104         facilities receiving waste after October 9, 1993,
  105         provide financial assurance for the cost of completing
  106         certain corrective actions; amending s. 403.814, F.S.;
  107         providing for issuance of general permits for the
  108         construction, alteration, and maintenance of certain
  109         surface water management systems without the action of
  110         the department or a water management district;
  111         specifying conditions for the general permits;
  112         amending s. 403.853, F.S.; providing for the
  113         department, or a local county health department
  114         designated by the department, to perform sanitary
  115         surveys for certain transient noncommunity water
  116         systems; amending s. 403.973, F.S.; authorizing
  117         expedited permitting for certain commercial or
  118         industrial development projects that individually or
  119         collectively will create a minimum number of jobs;
  120         providing for a project-specific memorandum of
  121         agreement to apply to a project subject to expedited
  122         permitting; clarifying the authority of the department
  123         to enter final orders for the issuance of certain
  124         licenses; revising criteria for the review of certain
  125         sites; amending s. 526.203, F.S.; revising the
  126         definitions of the terms “blended gasoline” and
  127         “unblended gasoline”; defining the term “alternative
  128         fuel”; authorizing the sale of unblended fuels for
  129         certain uses; providing that holders of valid permits
  130         or other authorizations are not required to make
  131         payments to authorizing agencies for use of certain
  132         extensions granted under chapter 2011-139, Laws of
  133         Florida; providing an effective date.
  135  Be It Enacted by the Legislature of the State of Florida:
  137         Section 1. Section 125.022, Florida Statutes, is amended to
  138  read:
  139         125.022 Development permits.—When a county denies an
  140  application for a development permit, the county shall give
  141  written notice to the applicant. The notice must include a
  142  citation to the applicable portions of an ordinance, rule,
  143  statute, or other legal authority for the denial of the permit.
  144  As used in this section, the term “development permit” has the
  145  same meaning as in s. 163.3164. For any development permit
  146  application filed with the county after July 1, 2012, a county
  147  may not require as a condition of processing or issuing a
  148  development permit that an applicant obtain a permit or approval
  149  from any state or federal agency unless the agency has issued a
  150  final agency action that denies the federal or state permit
  151  before the county action on the local development permit.
  152  Issuance of a development permit by a county does not in any way
  153  create any rights on the part of the applicant to obtain a
  154  permit from a state or federal agency and does not create any
  155  liability on the part of the county for issuance of the permit
  156  if the applicant fails to obtain requisite approvals or fulfill
  157  the obligations imposed by a state or federal agency or
  158  undertakes actions that result in a violation of state or
  159  federal law. A county may attach such a disclaimer to the
  160  issuance of a development permit and may include a permit
  161  condition that all other applicable state or federal permits be
  162  obtained before commencement of the development. This section
  163  does not prohibit a county from providing information to an
  164  applicant regarding what other state or federal permits may
  165  apply.
  166         Section 2. Subsection (5) is added to section 161.041,
  167  Florida Statutes, to read:
  168         161.041 Permits required.—
  169         (5) Notwithstanding any other provision of law, the
  170  department may issue a permit pursuant to this part in advance
  171  of the issuance of an incidental take authorization as provided
  172  under the Endangered Species Act and its implementing
  173  regulations if the permit and authorization include a condition
  174  requiring that authorized activities not begin until the
  175  incidental take authorization is issued.
  176         Section 3. Section 166.033, Florida Statutes, is amended to
  177  read:
  178         166.033 Development permits.—When a municipality denies an
  179  application for a development permit, the municipality shall
  180  give written notice to the applicant. The notice must include a
  181  citation to the applicable portions of an ordinance, rule,
  182  statute, or other legal authority for the denial of the permit.
  183  As used in this section, the term “development permit” has the
  184  same meaning as in s. 163.3164. For any development permit
  185  application filed with the municipality after July 1, 2012, a
  186  municipality may not require as a condition of processing or
  187  issuing a development permit that an applicant obtain a permit
  188  or approval from any state or federal agency unless the agency
  189  has issued a final agency action that denies the federal or
  190  state permit before the municipal action on the local
  191  development permit. Issuance of a development permit by a
  192  municipality does not in any way create any right on the part of
  193  an applicant to obtain a permit from a state or federal agency
  194  and does not create any liability on the part of the
  195  municipality for issuance of the permit if the applicant fails
  196  to obtain requisite approvals or fulfill the obligations imposed
  197  by a state or federal agency or undertakes actions that result
  198  in a violation of state or federal law. A municipality may
  199  attach such a disclaimer to the issuance of development permits
  200  and may include a permit condition that all other applicable
  201  state or federal permits be obtained before commencement of the
  202  development. This section does not prohibit a municipality from
  203  providing information to an applicant regarding what other state
  204  or federal permits may apply.
  205         Section 4. Section 218.075, Florida Statutes, is amended to
  206  read:
  207         218.075 Reduction or waiver of permit processing fees.
  208  Notwithstanding any other provision of law, the Department of
  209  Environmental Protection and the water management districts
  210  shall reduce or waive permit processing fees for counties with a
  211  population of 50,000 or less on April 1, 1994, until such
  212  counties exceed a population of 75,000 and municipalities with a
  213  population of 25,000 or less, or for an entity created by
  214  special act, local ordinance, or interlocal agreement of such
  215  counties or municipalities, or for any county or municipality
  216  not included within a metropolitan statistical area. Fee
  217  reductions or waivers shall be approved on the basis of fiscal
  218  hardship or environmental need for a particular project or
  219  activity. The governing body must certify that the cost of the
  220  permit processing fee is a fiscal hardship due to one of the
  221  following factors:
  222         (1) Per capita taxable value is less than the statewide
  223  average for the current fiscal year;
  224         (2) Percentage of assessed property value that is exempt
  225  from ad valorem taxation is higher than the statewide average
  226  for the current fiscal year;
  227         (3) Any condition specified in s. 218.503(1) which results
  228  in the county or municipality being in a state of financial
  229  emergency;
  230         (4) Ad valorem operating millage rate for the current
  231  fiscal year is greater than 8 mills; or
  232         (5) A financial condition that is documented in annual
  233  financial statements at the end of the current fiscal year and
  234  indicates an inability to pay the permit processing fee during
  235  that fiscal year.
  237  The permit applicant must be the governing body of a county or
  238  municipality or a third party under contract with a county or
  239  municipality or an entity created by special act, local
  240  ordinance, or interlocal agreement and the project for which the
  241  fee reduction or waiver is sought must serve a public purpose.
  242  If a permit processing fee is reduced, the total fee shall not
  243  exceed $100.
  244         Section 5. Paragraph (a) of subsection (3) of section
  245  258.397, Florida Statutes, is amended to read:
  246         258.397 Biscayne Bay Aquatic Preserve.—
  247         (3) AUTHORITY OF TRUSTEES.—The Board of Trustees of the
  248  Internal Improvement Trust Fund is authorized and directed to
  249  maintain the aquatic preserve hereby created pursuant and
  250  subject to the following provisions:
  251         (a) No further Sale, transfer, or lease of sovereignty
  252  submerged lands in the preserve may not shall be approved or
  253  consummated by the board of trustees, except upon a showing of
  254  extreme hardship on the part of the applicant and a
  255  determination by the board of trustees that such sale, transfer,
  256  or lease is in the public interest. A municipal applicant
  257  proposing a public waterfront promenade is exempt from showing
  258  extreme hardship.
  259         Section 6. Subsection (10) is added to section 373.026,
  260  Florida Statutes, to read:
  261         373.026 General powers and duties of the department.—The
  262  department, or its successor agency, shall be responsible for
  263  the administration of this chapter at the state level. However,
  264  it is the policy of the state that, to the greatest extent
  265  possible, the department may enter into interagency or
  266  interlocal agreements with any other state agency, any water
  267  management district, or any local government conducting programs
  268  related to or materially affecting the water resources of the
  269  state. All such agreements shall be subject to the provisions of
  270  s. 373.046. In addition to its other powers and duties, the
  271  department shall, to the greatest extent possible:
  272         (10) Expand the use of Internet-based self-certification
  273  services for appropriate exemptions and general permits issued
  274  by the department and the water management districts, if such
  275  expansion is economically feasible. In addition to expanding the
  276  use of Internet-based self-certification services for
  277  appropriate exemptions and general permits, the department and
  278  water management districts shall identify and develop general
  279  permits for appropriate activities currently requiring
  280  individual review which could be expedited through the use of
  281  applicable professional certification.
  282         Section 7. Subsection (3) is added to section 373.326,
  283  Florida Statutes, to read:
  284         373.326 Exemptions.—
  285         (3) A permit may not be required under this part for any
  286  well authorized pursuant to ss. 403.061 and 403.087 under the
  287  State Underground Injection Control Program identified in
  288  chapter 62-528, Florida Administrative Code, as Class I, Class
  289  II, Class III, Class IV, or Class V Groups 2-9. However, such
  290  wells must be constructed by persons who have obtained a license
  291  pursuant to s. 373.323 as otherwise required by law.
  292         Section 8. Subsection (2) of section 373.4141, Florida
  293  Statutes, is amended, and subsection (4) is added to that
  294  section, to read:
  295         373.4141 Permits; processing.—
  296         (2) A permit shall be approved, or denied, or subject to a
  297  notice of proposed agency action within 60 90 days after receipt
  298  of the original application, the last item of timely requested
  299  additional material, or the applicant’s written request to begin
  300  processing the permit application.
  301         (4) A state agency or an agency of the state may not
  302  require as a condition of approval for a permit or as an item to
  303  complete a pending permit application that an applicant obtain a
  304  permit or approval from any other local, state, or federal
  305  agency without explicit statutory authority to require such
  306  permit or approval.
  307         Section 9. Section 373.4144, Florida Statutes, is amended
  308  to read:
  309         373.4144 Federal environmental permitting.—
  310         (1) It is the intent of the Legislature to:
  311         (a) Facilitate coordination and a more efficient process of
  312  implementing regulatory duties and functions between the
  313  Department of Environmental Protection, the water management
  314  districts, the United States Army Corps of Engineers, the United
  315  States Fish and Wildlife Service, the National Marine Fisheries
  316  Service, the United States Environmental Protection Agency, the
  317  Fish and Wildlife Conservation Commission, and other relevant
  318  federal and state agencies.
  319         (b) Authorize the Department of Environmental Protection to
  320  obtain issuance by the United States Army Corps of Engineers,
  321  pursuant to state and federal law and as set forth in this
  322  section, of an expanded state programmatic general permit, or a
  323  series of regional general permits, for categories of activities
  324  in waters of the United States governed by the Clean Water Act
  325  and in navigable waters under the Rivers and Harbors Act of 1899
  326  which are similar in nature, which will cause only minimal
  327  adverse environmental effects when performed separately, and
  328  which will have only minimal cumulative adverse effects on the
  329  environment.
  330         (c) Use the mechanism of such a state general permit or
  331  such regional general permits to eliminate overlapping federal
  332  regulations and state rules that seek to protect the same
  333  resource and to avoid duplication of permitting between the
  334  United States Army Corps of Engineers and the department for
  335  minor work located in waters of the United States, including
  336  navigable waters, thus eliminating, in appropriate cases, the
  337  need for a separate individual approval from the United States
  338  Army Corps of Engineers while ensuring the most stringent
  339  protection of wetland resources.
  340         (d) Direct the department not to seek issuance of or take
  341  any action pursuant to any such permit or permits unless such
  342  conditions are at least as protective of the environment and
  343  natural resources as existing state law under this part and
  344  federal law under the Clean Water Act and the Rivers and Harbors
  345  Act of 1899. The department is directed to develop, on or before
  346  October 1, 2005, a mechanism or plan to consolidate, to the
  347  maximum extent practicable, the federal and state wetland
  348  permitting programs. It is the intent of the Legislature that
  349  all dredge and fill activities impacting 10 acres or less of
  350  wetlands or waters, including navigable waters, be processed by
  351  the state as part of the environmental resource permitting
  352  program implemented by the department and the water management
  353  districts. The resulting mechanism or plan shall analyze and
  354  propose the development of an expanded state programmatic
  355  general permit program in conjunction with the United States
  356  Army Corps of Engineers pursuant to s. 404 of the Clean Water
  357  Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
  358  and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,
  359  or in combination with an expanded state programmatic general
  360  permit, the mechanism or plan may propose the creation of a
  361  series of regional general permits issued by the United States
  362  Army Corps of Engineers pursuant to the referenced statutes. All
  363  of the regional general permits must be administered by the
  364  department or the water management districts or their designees.
  365         (2) In order to effectuate efficient wetland permitting and
  366  avoid duplication, the department and water management districts
  367  are authorized to implement a voluntary state programmatic
  368  general permit for all dredge and fill activities impacting 3
  369  acres or less of wetlands or other surface waters, including
  370  navigable waters, subject to agreement with the United States
  371  Army Corps of Engineers, if the general permit is at least as
  372  protective of the environment and natural resources as existing
  373  state law under this part and federal law under the Clean Water
  374  Act and the Rivers and Harbors Act of 1899. The department is
  375  directed to file with the Speaker of the House of
  376  Representatives and the President of the Senate a report
  377  proposing any required federal and state statutory changes that
  378  would be necessary to accomplish the directives listed in this
  379  section and to coordinate with the Florida Congressional
  380  Delegation on any necessary changes to federal law to implement
  381  the directives.
  382         (3) Nothing in This section may not shall be construed to
  383  preclude the department from pursuing a series of regional
  384  general permits for construction activities in wetlands or
  385  surface waters or complete assumption of federal permitting
  386  programs regulating the discharge of dredged or fill material
  387  pursuant to s. 404 of the Clean Water Act, Pub. L. No. 92-500,
  388  as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers
  389  and Harbors Act of 1899, so long as the assumption encompasses
  390  all dredge and fill activities in, on, or over jurisdictional
  391  wetlands or waters, including navigable waters, within the
  392  state.
  393         Section 10. Subsection (11) of section 376.3071, Florida
  394  Statutes, is amended to read:
  395         376.3071 Inland Protection Trust Fund; creation; purposes;
  396  funding.—
  397         (11) SITE CLEANUP.—
  398         (a) Voluntary cleanup.Nothing in This section shall does
  399  not be deemed to prohibit a person from conducting site
  400  rehabilitation either through his or her own personnel or
  401  through responsible response action contractors or
  402  subcontractors when such person is not seeking site
  403  rehabilitation funding from the fund. Such voluntary cleanups
  404  must meet all applicable environmental standards.
  405         (b) Low-scored site initiative.—Notwithstanding s.
  406  376.30711, any site with a priority ranking score of 29 10
  407  points or less may voluntarily participate in the low-scored
  408  site initiative, whether or not the site is eligible for state
  409  restoration funding.
  410         1. To participate in the low-scored site initiative, the
  411  responsible party or property owner must affirmatively
  412  demonstrate that the following conditions are met:
  413         a. Upon reassessment pursuant to department rule, the site
  414  retains a priority ranking score of 29 10 points or less.
  415         b. No excessively contaminated soil, as defined by
  416  department rule, exists onsite as a result of a release of
  417  petroleum products.
  418         c. A minimum of 6 months of groundwater monitoring
  419  indicates that the plume is shrinking or stable.
  420         d. The release of petroleum products at the site does not
  421  adversely affect adjacent surface waters, including their
  422  effects on human health and the environment.
  423         e. The area of groundwater containing the petroleum
  424  products’ chemicals of concern is less than one-quarter acre and
  425  is confined to the source property boundaries of the real
  426  property on which the discharge originated.
  427         f. Soils onsite that are subject to human exposure found
  428  between land surface and 2 feet below land surface meet the soil
  429  cleanup target levels established by department rule or human
  430  exposure is limited by appropriate institutional or engineering
  431  controls.
  432         2. Upon affirmative demonstration of the conditions under
  433  subparagraph 1., the department shall issue a determination of
  434  “No Further Action.” Such determination acknowledges that
  435  minimal contamination exists onsite and that such contamination
  436  is not a threat to human health or the environment. If no
  437  contamination is detected, the department may issue a site
  438  rehabilitation completion order.
  439         3. Sites that are eligible for state restoration funding
  440  may receive payment of preapproved costs for the low-scored site
  441  initiative as follows:
  442         a. A responsible party or property owner may submit an
  443  assessment plan designed to affirmatively demonstrate that the
  444  site meets the conditions under subparagraph 1. Notwithstanding
  445  the priority ranking score of the site, the department may
  446  preapprove the cost of the assessment pursuant to s. 376.30711,
  447  including 6 months of groundwater monitoring, not to exceed
  448  $30,000 for each site. The department may not pay the costs
  449  associated with the establishment of institutional or
  450  engineering controls.
  451         b. The assessment work shall be completed no later than 6
  452  months after the department issues its approval.
  453         c. No more than $10 million for the low-scored site
  454  initiative may shall be encumbered from the Inland Protection
  455  Trust Fund in any fiscal year. Funds shall be made available on
  456  a first-come, first-served basis and shall be limited to 10
  457  sites in each fiscal year for each responsible party or property
  458  owner.
  459         d. Program deductibles, copayments, and the limited
  460  contamination assessment report requirements under paragraph
  461  (13)(c) do not apply to expenditures under this paragraph.
  462         Section 11. Section 376.30715, Florida Statutes, is amended
  463  to read:
  464         376.30715 Innocent victim petroleum storage system
  465  restoration.—A contaminated site acquired by the current owner
  466  prior to July 1, 1990, which has ceased operating as a petroleum
  467  storage or retail business prior to January 1, 1985, is eligible
  468  for financial assistance pursuant to s. 376.305(6),
  469  notwithstanding s. 376.305(6)(a). For purposes of this section,
  470  the term “acquired” means the acquisition of title to the
  471  property; however, a subsequent transfer of the property to a
  472  spouse or child of the owner, a surviving spouse or child of the
  473  owner in trust or free of trust, or a revocable trust created
  474  for the benefit of the settlor, or a corporate entity created by
  475  the owner to hold title to the site does not disqualify the site
  476  from financial assistance pursuant to s. 376.305(6) and
  477  applicants previously denied coverage may reapply. Eligible
  478  sites shall be ranked in accordance with s. 376.3071(5).
  479         Section 12. Subsection (1) of section 380.0657, Florida
  480  Statutes, is amended to read:
  481         380.0657 Expedited permitting process for economic
  482  development projects.—
  483         (1) The Department of Environmental Protection and, as
  484  appropriate, the water management districts created under
  485  chapter 373 shall adopt programs to expedite the processing of
  486  wetland resource and environmental resource permits for economic
  487  development projects that have been identified by a municipality
  488  or county as meeting the definition of target industry
  489  businesses under s. 288.106, or any intermodal logistics center
  490  receiving or sending cargo to or from Florida ports, with the
  491  exception of those projects requiring approval by the Board of
  492  Trustees of the Internal Improvement Trust Fund.
  493         Section 13. Subsection (11) of section 403.061, Florida
  494  Statutes, is amended to read:
  495         403.061 Department; powers and duties.—The department shall
  496  have the power and the duty to control and prohibit pollution of
  497  air and water in accordance with the law and rules adopted and
  498  promulgated by it and, for this purpose, to:
  499         (11) Establish ambient air quality and water quality
  500  standards for the state as a whole or for any part thereof, and
  501  also standards for the abatement of excessive and unnecessary
  502  noise. The department is authorized to establish reasonable
  503  zones of mixing for discharges into waters. For existing
  504  installations as defined by rule 62-520.200(10), Florida
  505  Administrative Code, effective July 12, 2009, zones of discharge
  506  to groundwater are authorized horizontally to a facility’s or
  507  owner’s property boundary and extending vertically to the base
  508  of a specifically designated aquifer or aquifers. Such zones of
  509  discharge may be modified in accordance with procedures
  510  specified in department rules. Exceedance of primary and
  511  secondary groundwater standards that occur within a zone of
  512  discharge does not create liability pursuant to this chapter or
  513  chapter 376 for site cleanup, and the exceedance of soil cleanup
  514  target levels is not a basis for enforcement or site cleanup.
  515         (a) When a receiving body of water fails to meet a water
  516  quality standard for pollutants set forth in department rules, a
  517  steam electric generating plant discharge of pollutants that is
  518  existing or licensed under this chapter on July 1, 1984, may
  519  nevertheless be granted a mixing zone, provided that:
  520         1. The standard would not be met in the water body in the
  521  absence of the discharge;
  522         2. The discharge is in compliance with all applicable
  523  technology-based effluent limitations;
  524         3. The discharge does not cause a measurable increase in
  525  the degree of noncompliance with the standard at the boundary of
  526  the mixing zone; and
  527         4. The discharge otherwise complies with the mixing zone
  528  provisions specified in department rules.
  529         (b) No Mixing zones zone for point source discharges are
  530  not shall be permitted in Outstanding Florida Waters except for:
  531         1. Sources that have received permits from the department
  532  prior to April 1, 1982, or the date of designation, whichever is
  533  later;
  534         2. Blowdown from new power plants certified pursuant to the
  535  Florida Electrical Power Plant Siting Act;
  536         3. Discharges of water necessary for water management
  537  purposes which have been approved by the governing board of a
  538  water management district and, if required by law, by the
  539  secretary; and
  540         4. The discharge of demineralization concentrate which has
  541  been determined permittable under s. 403.0882 and which meets
  542  the specific provisions of s. 403.0882(4)(a) and (b), if the
  543  proposed discharge is clearly in the public interest.
  544         (c) The department, by rule, shall establish water quality
  545  criteria for wetlands which criteria give appropriate
  546  recognition to the water quality of such wetlands in their
  547  natural state.
  549  Nothing in This act may not shall be construed to invalidate any
  550  existing department rule relating to mixing zones. The
  551  department shall cooperate with the Department of Highway Safety
  552  and Motor Vehicles in the development of regulations required by
  553  s. 316.272(1).
  555  The department shall implement such programs in conjunction with
  556  its other powers and duties and shall place special emphasis on
  557  reducing and eliminating contamination that presents a threat to
  558  humans, animals or plants, or to the environment.
  559         Section 14. Subsection (7) of section 403.087, Florida
  560  Statutes, is amended to read:
  561         403.087 Permits; general issuance; denial; revocation;
  562  prohibition; penalty.—
  563         (7) A permit issued pursuant to this section does shall not
  564  become a vested right in the permittee. The department may
  565  revoke any permit issued by it if it finds that the permitholder
  566  has:
  567         (a) Has Submitted false or inaccurate information in the
  568  his or her application for the permit;
  569         (b) Has Violated law, department orders, rules, or
  570  regulations, or permit conditions which directly relate to the
  571  permit;
  572         (c) Has Failed to submit operational reports or other
  573  information required by department rule which directly relate to
  574  the permit and has refused to correct or cure such violations
  575  when requested to do so or regulation; or
  576         (d) Has Refused lawful inspection under s. 403.091 at the
  577  facility authorized by the permit.
  578         Section 15. Subsection (2) of section 403.1838, Florida
  579  Statutes, is amended to read:
  580         403.1838 Small Community Sewer Construction Assistance
  581  Act.—
  582         (2) The department shall use funds specifically
  583  appropriated to award grants under this section to assist
  584  financially disadvantaged small communities with their needs for
  585  adequate sewer facilities. For purposes of this section, the
  586  term “financially disadvantaged small community” means a
  587  municipality that has with a population of 10,000 7,500 or fewer
  588  less, according to the latest decennial census and a per capita
  589  annual income less than the state per capita annual income as
  590  determined by the United States Department of Commerce.
  591         Section 16. Paragraph (f) of subsection (1) of section
  592  403.7045, Florida Statutes, is amended to read:
  593         403.7045 Application of act and integration with other
  594  acts.—
  595         (1) The following wastes or activities shall not be
  596  regulated pursuant to this act:
  597         (f) Industrial byproducts, if:
  598         1. A majority of the industrial byproducts are demonstrated
  599  to be sold, used, or reused within 1 year.
  600         2. The industrial byproducts are not discharged, deposited,
  601  injected, dumped, spilled, leaked, or placed upon any land or
  602  water so that such industrial byproducts, or any constituent
  603  thereof, may enter other lands or be emitted into the air or
  604  discharged into any waters, including groundwaters, or otherwise
  605  enter the environment such that a threat of contamination in
  606  excess of applicable department standards and criteria or a
  607  significant threat to public health is caused.
  608         3. The industrial byproducts are not hazardous wastes as
  609  defined under s. 403.703 and rules adopted under this section.
  611  Sludge from an industrial waste treatment works that meets the
  612  exemption requirements of this paragraph is not solid waste as
  613  defined in s. 403.703(32).
  614         Section 17. Paragraph (a) of subsection (4) of section
  615  403.706, Florida Statutes, is amended to read:
  616         403.706 Local government solid waste responsibilities.—
  617         (4)(a) In order to promote the production of renewable
  618  energy from solid waste, each megawatt-hour produced by a
  619  renewable energy facility using solid waste as a fuel shall
  620  count as 1 ton of recycled material and shall be applied toward
  621  meeting the recycling goals set forth in this section. If a
  622  county creating renewable energy from solid waste implements and
  623  maintains a program to recycle at least 50 percent of municipal
  624  solid waste by a means other than creating renewable energy,
  625  that county shall count 1.25 2 tons of recycled material for
  626  each megawatt-hour produced. If waste originates from a county
  627  other than the county in which the renewable energy facility
  628  resides, the originating county shall receive such recycling
  629  credit. Any county that has a debt service payment related to
  630  its waste-to-energy facility shall receive 1 ton of recycled
  631  materials credit for each ton of solid waste processed at the
  632  facility. Any byproduct resulting from the creation of renewable
  633  energy that is recycled shall count towards the county recycling
  634  goals in accordance with the methods and criteria developed
  635  pursuant to paragraph (2)(h) does not count as waste.
  636         Section 18. Subsections (1), (2), and (3) of section
  637  403.707, Florida Statutes, are amended to read:
  638         403.707 Permits.—
  639         (1) A solid waste management facility may not be operated,
  640  maintained, constructed, expanded, modified, or closed without
  641  an appropriate and currently valid permit issued by the
  642  department. The department may by rule exempt specified types of
  643  facilities from the requirement for a permit under this part if
  644  it determines that construction or operation of the facility is
  645  not expected to create any significant threat to the environment
  646  or public health. For purposes of this part, and only when
  647  specified by department rule, a permit may include registrations
  648  as well as other forms of licenses as defined in s. 120.52.
  649  Solid waste construction permits issued under this section may
  650  include any permit conditions necessary to achieve compliance
  651  with the recycling requirements of this act. The department
  652  shall pursue reasonable timeframes for closure and construction
  653  requirements, considering pending federal requirements and
  654  implementation costs to the permittee. The department shall
  655  adopt a rule establishing performance standards for construction
  656  and closure of solid waste management facilities. The standards
  657  shall allow flexibility in design and consideration for site
  658  specific characteristics. For the purpose of permitting under
  659  this chapter, the department shall allow waste-to-energy
  660  facilities to maximize acceptance and processing of nonhazardous
  661  solid and liquid waste.
  662         (2) Except as provided in s. 403.722(6), a permit under
  663  this section is not required for the following, if the activity
  664  does not create a public nuisance or any condition adversely
  665  affecting the environment or public health and does not violate
  666  other state or local laws, ordinances, rules, regulations, or
  667  orders:
  668         (a) Disposal by persons of solid waste resulting from their
  669  own activities on their own property, if such waste is ordinary
  670  household waste from their residential property or is rocks,
  671  soils, trees, tree remains, and other vegetative matter that
  672  normally result from land development operations. Disposal of
  673  materials that could create a public nuisance or adversely
  674  affect the environment or public health, such as white goods;
  675  automotive materials, such as batteries and tires; petroleum
  676  products; pesticides; solvents; or hazardous substances, is not
  677  covered under this exemption.
  678         (b) Storage in containers by persons of solid waste
  679  resulting from their own activities on their property, leased or
  680  rented property, or property subject to a homeowners’ homeowners
  681  or maintenance association for which the person contributes
  682  association assessments, if the solid waste in such containers
  683  is collected at least once a week.
  684         (c) Disposal by persons of solid waste resulting from their
  685  own activities on their property, if the environmental effects
  686  of such disposal on groundwater and surface waters are:
  687         1. Addressed or authorized by a site certification order
  688  issued under part II or a permit issued by the department under
  689  this chapter or rules adopted pursuant to this chapter; or
  690         2. Addressed or authorized by, or exempted from the
  691  requirement to obtain, a groundwater monitoring plan approved by
  692  the department. If a facility has a permit authorizing disposal
  693  activity, new areas where solid waste is being disposed of which
  694  are monitored by an existing or modified groundwater monitoring
  695  plan are not required to be specifically authorized in a permit
  696  or other certification.
  697         (d) Disposal by persons of solid waste resulting from their
  698  own activities on their own property, if such disposal occurred
  699  prior to October 1, 1988.
  700         (e) Disposal of solid waste resulting from normal farming
  701  operations as defined by department rule. Polyethylene
  702  agricultural plastic, damaged, nonsalvageable, untreated wood
  703  pallets, and packing material that cannot be feasibly recycled,
  704  which are used in connection with agricultural operations
  705  related to the growing, harvesting, or maintenance of crops, may
  706  be disposed of by open burning if a public nuisance or any
  707  condition adversely affecting the environment or the public
  708  health is not created by the open burning and state or federal
  709  ambient air quality standards are not violated.
  710         (f) The use of clean debris as fill material in any area.
  711  However, this paragraph does not exempt any person from
  712  obtaining any other required permits, and does not affect a
  713  person’s responsibility to dispose of clean debris appropriately
  714  if it is not to be used as fill material.
  715         (g) Compost operations that produce less than 50 cubic
  716  yards of compost per year when the compost produced is used on
  717  the property where the compost operation is located.
  718         (3)(a) All applicable provisions of ss. 403.087 and
  719  403.088, relating to permits, apply to the control of solid
  720  waste management facilities.
  721         (b) A permit, including a general permit, issued to a solid
  722  waste management facility that is designed with a leachate
  723  control system meeting department requirements shall be issued
  724  for a term of 20 years unless the applicant requests a shorter
  725  permit term. This paragraph applies to a qualifying solid waste
  726  management facility that applies for an operating or
  727  construction permit or renews an existing operating or
  728  construction permit on or after October 1, 2012.
  729         (c) A permit, including a general permit, but not including
  730  a registration, issued to a solid waste management facility that
  731  does not have a leachate control system meeting department
  732  requirements shall be renewed for a term of 10 years, unless the
  733  applicant requests a shorter permit term, if the following
  734  conditions are met:
  735         1. The applicant has conducted the regulated activity at
  736  the same site for which the renewal is sought for at least 4
  737  years and 6 months before the date that the permit application
  738  is received by the department; and
  739         2. At the time of applying for the renewal permit:
  740         a. The applicant is not subject to a notice of violation,
  741  consent order, or administrative order issued by the department
  742  for violation of an applicable law or rule;
  743         b. The department has not notified the applicant that it is
  744  required to implement assessment or evaluation monitoring as a
  745  result of exceedances of applicable groundwater standards or
  746  criteria or, if applicable, the applicant is completing
  747  corrective actions in accordance with applicable department
  748  rules; and
  749         c. The applicant is in compliance with the applicable
  750  financial assurance requirements.
  751         (d) The department may adopt rules to administer this
  752  subsection. However, the department is not required to submit
  753  such rules to the Environmental Regulation Commission for
  754  approval. Notwithstanding the limitations of s. 403.087(6)(a),
  755  permit fee caps for solid waste management facilities shall be
  756  prorated to reflect the extended permit term authorized by this
  757  subsection.
  758         Section 19. Section 403.7125, Florida Statutes, is amended
  759  to read:
  760         403.7125 Financial assurance for closure.—
  761         (1) Every owner or operator of a landfill is jointly and
  762  severally liable for the improper operation and closure of the
  763  landfill, as provided by law. As used in this section, the term
  764  “owner or operator” means any owner of record of any interest in
  765  land wherein a landfill is or has been located and any person or
  766  corporation that owns a majority interest in any other
  767  corporation that is the owner or operator of a landfill.
  768         (2) The owner or operator of a landfill owned or operated
  769  by a local or state government or the Federal Government shall
  770  establish a fee, or a surcharge on existing fees or other
  771  appropriate revenue-producing mechanism, to ensure the
  772  availability of financial resources for the proper closure of
  773  the landfill. However, the disposal of solid waste by persons on
  774  their own property, as described in s. 403.707(2), is exempt
  775  from this section.
  776         (a) The revenue-producing mechanism must produce revenue at
  777  a rate sufficient to generate funds to meet state and federal
  778  landfill closure requirements.
  779         (b) The revenue shall be deposited in an interest-bearing
  780  escrow account to be held and administered by the owner or
  781  operator. The owner or operator shall file with the department
  782  an annual audit of the account. The audit shall be conducted by
  783  an independent certified public accountant. Failure to collect
  784  or report such revenue, except as allowed in subsection (3), is
  785  a noncriminal violation punishable by a fine of not more than
  786  $5,000 for each offense. The owner or operator may make
  787  expenditures from the account and its accumulated interest only
  788  for the purpose of landfill closure and, if such expenditures do
  789  not deplete the fund to the detriment of eventual closure, for
  790  planning and construction of resource recovery or landfill
  791  facilities. Any moneys remaining in the account after paying for
  792  proper and complete closure, as determined by the department,
  793  shall, if the owner or operator does not operate a landfill, be
  794  deposited by the owner or operator into the general fund or the
  795  appropriate solid waste fund of the local government of
  796  jurisdiction.
  797         (c) The revenue generated under this subsection and any
  798  accumulated interest thereon may be applied to the payment of,
  799  or pledged as security for, the payment of revenue bonds issued
  800  in whole or in part for the purpose of complying with state and
  801  federal landfill closure requirements. Such application or
  802  pledge may be made directly in the proceedings authorizing such
  803  bonds or in an agreement with an insurer of bonds to assure such
  804  insurer of additional security therefor.
  805         (d) The provisions of s. 212.055 which relate to raising of
  806  revenues for landfill closure or long-term maintenance do not
  807  relieve a landfill owner or operator from the obligations of
  808  this section.
  809         (e) The owner or operator of any landfill that had
  810  established an escrow account in accordance with this section
  811  and the conditions of its permit prior to January 1, 2007, may
  812  continue to use that escrow account to provide financial
  813  assurance for closure of that landfill, even if that landfill is
  814  not owned or operated by a local or state government or the
  815  Federal Government.
  816         (3) An owner or operator of a landfill owned or operated by
  817  a local or state government or by the Federal Government may
  818  provide financial assurance to the department in lieu of the
  819  requirements of subsection (2). An owner or operator of any
  820  other landfill, or any other solid waste management facility
  821  designated by department rule, shall provide financial assurance
  822  to the department for the closure of the facility. Such
  823  financial assurance may include surety bonds, certificates of
  824  deposit, securities, letters of credit, or other documents
  825  showing that the owner or operator has sufficient financial
  826  resources to cover, at a minimum, the costs of complying with
  827  applicable closure requirements. The owner or operator shall
  828  estimate such costs to the satisfaction of the department.
  829         (4) This section does not repeal, limit, or abrogate any
  830  other law authorizing local governments to fix, levy, or charge
  831  rates, fees, or charges for the purpose of complying with state
  832  and federal landfill closure requirements.
  833         (5) The department shall by rule require that the owner or
  834  operator of a solid waste management facility that receives
  835  waste after October 9, 1993, and that is required by department
  836  rule to undertake corrective actions for violations of water
  837  quality standards provide financial assurance for the cost of
  838  completing such corrective actions. The same financial assurance
  839  mechanisms that are available for closure costs shall be
  840  available for costs associated with undertaking corrective
  841  actions.
  842         (6)(5) The department shall adopt rules to implement this
  843  section.
  844         Section 20. Subsection (12) is added to section 403.814,
  845  Florida Statutes, to read:
  846         403.814 General permits; delegation.—
  847         (12) A general permit is granted for the construction,
  848  alteration, and maintenance of a stormwater management system
  849  serving a total project area of up to 10 acres. When the
  850  stormwater management system is designed, operated, and
  851  maintained in accordance with applicable rules adopted pursuant
  852  to part IV of chapter 373, there is a rebuttable presumption
  853  that the discharge for such systems complies with state water
  854  quality standards. The construction of such a system may proceed
  855  without any further agency action by the department or water
  856  management district if, within 30 days after commencement of
  857  construction, an electronic self-certification is submitted to
  858  the department or water management district which certifies the
  859  proposed system was designed by a Florida-registered
  860  professional to meet all of the requirements listed in
  861  paragraphs (a)-(f):
  862         (a) The total project involves less than 10 acres and less
  863  than 2 acres of impervious surface;
  864         (b) No activities will impact wetlands or other surface
  865  waters;
  866         (c) No activities are conducted in, on, or over wetlands or
  867  other surface waters;
  868         (d) Drainage facilities will not include pipes having
  869  diameters greater than 24 inches, or the hydraulic equivalent,
  870  and will not use pumps in any manner;
  871         (e) The project is not part of a larger common plan,
  872  development, or sale; and
  873         (f) The project does not:
  874         1. Cause adverse water quantity or flooding impacts to
  875  receiving water and adjacent lands;
  876         2. Cause adverse impacts to existing surface water storage
  877  and conveyance capabilities;
  878         3. Cause a violation of state water quality standards; or
  879         4. Cause an adverse impact to the maintenance of surface or
  880  groundwater levels or surface water flows established pursuant
  881  to s. 373.042 or a work of the district established pursuant to
  882  s. 373.086.
  883         Section 21. Subsection (6) of section 403.853, Florida
  884  Statutes, is amended to read:
  885         403.853 Drinking water standards.—
  886         (6) Upon the request of the owner or operator of a
  887  transient noncommunity water system using groundwater as a
  888  source of supply and serving religious institutions or
  889  businesses, other than restaurants or other public food service
  890  establishments or religious institutions with school or day care
  891  services, and using groundwater as a source of supply, the
  892  department, or a local county health department designated by
  893  the department, shall perform a sanitary survey of the facility.
  894  Upon receipt of satisfactory survey results according to
  895  department criteria, the department shall reduce the
  896  requirements of such owner or operator from monitoring and
  897  reporting on a quarterly basis to performing these functions on
  898  an annual basis. Any revised monitoring and reporting schedule
  899  approved by the department under this subsection shall apply
  900  until such time as a violation of applicable state or federal
  901  primary drinking water standards is determined by the system
  902  owner or operator, by the department, or by an agency designated
  903  by the department, after a random or routine sanitary survey.
  904  Certified operators are not required for transient noncommunity
  905  water systems of the type and size covered by this subsection.
  906  Any reports required of such system shall be limited to the
  907  minimum as required by federal law. When not contrary to the
  908  provisions of federal law, the department may, upon request and
  909  by rule, waive additional provisions of state drinking water
  910  regulations for such systems.
  911         Section 22. Paragraph (a) of subsection (3) and subsections
  912  (4), (5), (10), (11), (14), (15), and (18) of section 403.973,
  913  Florida Statutes, are amended to read:
  914         403.973 Expedited permitting; amendments to comprehensive
  915  plans.—
  916         (3)(a) The secretary shall direct the creation of regional
  917  permit action teams for the purpose of expediting review of
  918  permit applications and local comprehensive plan amendments
  919  submitted by:
  920         1. Businesses creating at least 50 jobs or a commercial or
  921  industrial development project that will be occupied by
  922  businesses that would individually or collectively create at
  923  least 50 jobs; or
  924         2. Businesses creating at least 25 jobs if the project is
  925  located in an enterprise zone, or in a county having a
  926  population of fewer than 75,000 or in a county having a
  927  population of fewer than 125,000 which is contiguous to a county
  928  having a population of fewer than 75,000, as determined by the
  929  most recent decennial census, residing in incorporated and
  930  unincorporated areas of the county.
  931         (4) The regional teams shall be established through the
  932  execution of a project-specific memoranda of agreement developed
  933  and executed by the applicant and the secretary, with input
  934  solicited from the Department of Economic Opportunity and the
  935  respective heads of the Department of Transportation and its
  936  district offices, the Department of Agriculture and Consumer
  937  Services, the Fish and Wildlife Conservation Commission,
  938  appropriate regional planning councils, appropriate water
  939  management districts, and voluntarily participating
  940  municipalities and counties. The memoranda of agreement should
  941  also accommodate participation in this expedited process by
  942  other local governments and federal agencies as circumstances
  943  warrant.
  944         (5) In order to facilitate local government’s option to
  945  participate in this expedited review process, the secretary
  946  shall, in cooperation with local governments and participating
  947  state agencies, create a standard form memorandum of agreement.
  948  The standard form of the memorandum of agreement shall be used
  949  only if the local government participates in the expedited
  950  review process. In the absence of local government
  951  participation, only the project-specific memorandum of agreement
  952  executed pursuant to subsection (4) applies. A local government
  953  shall hold a duly noticed public workshop to review and explain
  954  to the public the expedited permitting process and the terms and
  955  conditions of the standard form memorandum of agreement.
  956         (10) The memoranda of agreement may provide for the waiver
  957  or modification of procedural rules prescribing forms, fees,
  958  procedures, or time limits for the review or processing of
  959  permit applications under the jurisdiction of those agencies
  960  that are members of the regional permit action team party to the
  961  memoranda of agreement. Notwithstanding any other provision of
  962  law to the contrary, a memorandum of agreement must to the
  963  extent feasible provide for proceedings and hearings otherwise
  964  held separately by the parties to the memorandum of agreement to
  965  be combined into one proceeding or held jointly and at one
  966  location. Such waivers or modifications are not authorized shall
  967  not be available for permit applications governed by federally
  968  delegated or approved permitting programs, the requirements of
  969  which would prohibit, or be inconsistent with, such a waiver or
  970  modification.
  971         (11) The standard form for memoranda of agreement shall
  972  include guidelines to be used in working with state, regional,
  973  and local permitting authorities. Guidelines may include, but
  974  are not limited to, the following:
  975         (a) A central contact point for filing permit applications
  976  and local comprehensive plan amendments and for obtaining
  977  information on permit and local comprehensive plan amendment
  978  requirements.;
  979         (b) Identification of the individual or individuals within
  980  each respective agency who will be responsible for processing
  981  the expedited permit application or local comprehensive plan
  982  amendment for that agency.;
  983         (c) A mandatory preapplication review process to reduce
  984  permitting conflicts by providing guidance to applicants
  985  regarding the permits needed from each agency and governmental
  986  entity, site planning and development, site suitability and
  987  limitations, facility design, and steps the applicant can take
  988  to ensure expeditious permit application and local comprehensive
  989  plan amendment review. As a part of this process, the first
  990  interagency meeting to discuss a project shall be held within 14
  991  days after the secretary’s determination that the project is
  992  eligible for expedited review. Subsequent interagency meetings
  993  may be scheduled to accommodate the needs of participating local
  994  governments that are unable to meet public notice requirements
  995  for executing a memorandum of agreement within this timeframe.
  996  This accommodation may not exceed 45 days from the secretary’s
  997  determination that the project is eligible for expedited
  998  review.;
  999         (d) The preparation of a single coordinated project
 1000  description form and checklist and an agreement by state and
 1001  regional agencies to reduce the burden on an applicant to
 1002  provide duplicate information to multiple agencies.;
 1003         (e) Establishment of a process for the adoption and review
 1004  of any comprehensive plan amendment needed by any certified
 1005  project within 90 days after the submission of an application
 1006  for a comprehensive plan amendment. However, the memorandum of
 1007  agreement may not prevent affected persons as defined in s.
 1008  163.3184 from appealing or participating in this expedited plan
 1009  amendment process and any review or appeals of decisions made
 1010  under this paragraph.; and
 1011         (f) Additional incentives for an applicant who proposes a
 1012  project that provides a net ecosystem benefit.
 1013         (14)(a) Challenges to state agency action in the expedited
 1014  permitting process for projects processed under this section are
 1015  subject to the summary hearing provisions of s. 120.574, except
 1016  that the administrative law judge’s decision, as provided in s.
 1017  120.574(2)(f), shall be in the form of a recommended order and
 1018  do not constitute the final action of the state agency. In those
 1019  proceedings where the action of only one agency of the state
 1020  other than the Department of Environmental Protection is
 1021  challenged, the agency of the state shall issue the final order
 1022  within 45 working days after receipt of the administrative law
 1023  judge’s recommended order, and the recommended order shall
 1024  inform the parties of their right to file exceptions or
 1025  responses to the recommended order in accordance with the
 1026  uniform rules of procedure pursuant to s. 120.54. In those
 1027  proceedings where the actions of more than one agency of the
 1028  state are challenged, the Governor shall issue the final order
 1029  within 45 working days after receipt of the administrative law
 1030  judge’s recommended order, and the recommended order shall
 1031  inform the parties of their right to file exceptions or
 1032  responses to the recommended order in accordance with the
 1033  uniform rules of procedure pursuant to s. 120.54. For This
 1034  paragraph does not apply to the issuance of department licenses
 1035  required under any federally delegated or approved permit
 1036  program. In such instances, the department, and not the
 1037  Governor, shall enter the final order. The participating
 1038  agencies of the state may opt at the preliminary hearing
 1039  conference to allow the administrative law judge’s decision to
 1040  constitute the final agency action.
 1041         (b) Projects identified in paragraph (3)(f) or challenges
 1042  to state agency action in the expedited permitting process for
 1043  establishment of a state-of-the-art biomedical research
 1044  institution and campus in this state by the grantee under s.
 1045  288.955 are subject to the same requirements as challenges
 1046  brought under paragraph (a), except that, notwithstanding s.
 1047  120.574, summary proceedings must be conducted within 30 days
 1048  after a party files the motion for summary hearing, regardless
 1049  of whether the parties agree to the summary proceeding.
 1050         (15) The Department of Economic Opportunity, working with
 1051  the agencies providing cooperative assistance and input
 1052  regarding the memoranda of agreement, shall review sites
 1053  proposed for the location of facilities that the Department of
 1054  Economic Opportunity has certified to be eligible for the
 1055  Innovation Incentive Program under s. 288.1089. Within 20 days
 1056  after the request for the review by the Department of Economic
 1057  Opportunity, the agencies shall provide to the Department of
 1058  Economic Opportunity a statement as to each site’s necessary
 1059  permits under local, state, and federal law and an
 1060  identification of significant permitting issues, which if
 1061  unresolved, may result in the denial of an agency permit or
 1062  approval or any significant delay caused by the permitting
 1063  process.
 1064         (18) The Department of Economic Opportunity, working with
 1065  the Rural Economic Development Initiative and the agencies
 1066  participating in the memoranda of agreement, shall provide
 1067  technical assistance in preparing permit applications and local
 1068  comprehensive plan amendments for counties having a population
 1069  of fewer than 75,000 residents, or counties having fewer than
 1070  125,000 residents which are contiguous to counties having fewer
 1071  than 75,000 residents. Additional assistance may include, but
 1072  not be limited to, guidance in land development regulations and
 1073  permitting processes, working cooperatively with state,
 1074  regional, and local entities to identify areas within these
 1075  counties which may be suitable or adaptable for preclearance
 1076  review of specified types of land uses and other activities
 1077  requiring permits.
 1078         Section 23. Subsection (1) of section 526.203, Florida
 1079  Statutes, is amended, and subsection (5) is added to that
 1080  section, to read:
 1081         526.203 Renewable fuel standard.—
 1082         (1) DEFINITIONS.—As used in this act:
 1083         (a) “Blender,” “importer,” “terminal supplier,” and
 1084  “wholesaler” are defined as provided in s. 206.01.
 1085         (b) “Blended gasoline” means a mixture of 90 to 91 percent
 1086  gasoline and 9 to 10 percent fuel ethanol or other alternative
 1087  fuel, by volume, that meets the specifications as adopted by the
 1088  department. The fuel ethanol or other alternative fuel portion
 1089  may be derived from any agricultural source.
 1090         (c) “Fuel ethanol” means an anhydrous denatured alcohol
 1091  produced by the conversion of carbohydrates that meets the
 1092  specifications as adopted by the department.
 1093         (d) “Alternative fuel” means a fuel produced from biomass
 1094  that is used to replace or reduce the quantity of fossil fuel
 1095  present in a petroleum fuel that meets the specifications as
 1096  adopted by the department. “Biomass” means biomass as defined in
 1097  s. 366.91 and “alternative fuel” means alternative fuel as
 1098  defined in s. 525.01(1)(c) and that is suitable for blending
 1099  with gasoline.
 1100         (e)(d) “Unblended gasoline” means gasoline that has not
 1101  been blended with fuel ethanol and that meets the specifications
 1102  as adopted by the department.
 1103         (5) SALE OF UNBLENDED GASOLINE.—This section does not
 1104  prohibit the sale of unblended gasoline for the uses exempted
 1105  under subsection (3).
 1106         Section 24. The holder of a valid permit or other
 1107  authorization is not required to make a payment to the
 1108  authorizing agency for use of an extension granted under s. 73
 1109  or s. 79 of chapter 2011-139, Laws of Florida. This section
 1110  applies retroactively and is effective as of June 2, 2011.
 1111         Section 25. This act shall take effect July 1, 2012.