Florida Senate - 2012 CS for CS for SB 716
By the Committees on Environmental Preservation and
Conservation; and Community Affairs; and Senators Bennett and
Evers
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.
134
135 Be It Enacted by the Legislature of the State of Florida:
136
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.
236
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.
548
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).
554
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.
610
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.