Florida Senate - 2012                CS for CS for CS for SB 716
       By the Committees on Budget Subcommittee on General Government
       Appropriations; Environmental Preservation and Conservation; and
       Community Affairs; and Senators Bennett and Evers
       601-04263A-12                                          2012716c3
    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. 373.026, F.S.;
   25         requiring the department to expand its use of
   26         Internet-based self-certification services for
   27         exemptions and permits issued by the department and
   28         water management districts; amending s. 373.326, F.S.;
   29         exempting certain underground injection control wells
   30         from permitting requirements under part III of ch.
   31         373, F.S., relating to regulation of wells; providing
   32         a requirement for the construction of such wells;
   33         amending s. 373.4141, F.S.; reducing the time within
   34         which a permit must be approved, denied, or subject to
   35         notice of proposed agency action; prohibiting a state
   36         agency or an agency of the state from requiring
   37         additional permits or approval from a local, state, or
   38         federal agency without explicit authority; amending s.
   39         373.4144, F.S.; providing legislative intent with
   40         respect to the coordination of regulatory duties among
   41         specified state and federal agencies; encouraging
   42         expanded use of the state programmatic general permit
   43         or regional general permits; providing for a voluntary
   44         state programmatic general permit for certain dredge
   45         and fill activities; amending s. 376.3071, F.S.;
   46         increasing the priority ranking score for
   47         participation in the low-scored site initiative;
   48         exempting program deductibles, copayments, and certain
   49         assessment report requirements from expenditures under
   50         the low-scored site initiative; amending s. 376.30715,
   51         F.S.; providing that the transfer of a contaminated
   52         site from an owner to a child of the owner or
   53         corporate entity does not disqualify the site from the
   54         innocent victim petroleum storage system restoration
   55         financial assistance program; authorizing certain
   56         applicants to reapply for financial assistance;
   57         amending s. 380.0657, F.S.; authorizing expedited
   58         permitting for certain inland multimodal facilities
   59         that individually or collectively will create a
   60         minimum number of jobs; amending s. 403.061, F.S.;
   61         authorizing zones of discharges to groundwater for
   62         specified installations; providing for modification of
   63         such zones of discharge; providing that exceedance of
   64         certain groundwater standards does not create
   65         liability for site cleanup; providing that exceedance
   66         of soil cleanup target levels is not a basis for
   67         enforcement or cleanup; amending s. 403.087, F.S.;
   68         revising conditions under which the department is
   69         authorized to revoke permits for sources of air and
   70         water pollution; amending s. 403.1838, F.S.; revising
   71         the definition of the term “financially disadvantaged
   72         small community” for the purposes of the Small
   73         Community Sewer Construction Assistance Act; amending
   74         s. 403.7045, F.S.; providing conditions under which
   75         sludge from an industrial waste treatment works is not
   76         solid waste; amending s. 403.706, F.S.; reducing the
   77         amount of recycled materials certain counties are
   78         required to apply toward state recycling goals;
   79         providing that certain renewable energy byproducts
   80         count toward state recycling goals; amending s.
   81         403.707, F.S.; providing for waste-to-energy
   82         facilities to maximize acceptance and processing of
   83         nonhazardous solid and liquid waste; exempting the
   84         disposal of solid waste monitored by certain
   85         groundwater monitoring plans from specific
   86         authorization; specifying a permit term for solid
   87         waste management facilities designed with leachate
   88         control systems that meet department requirements;
   89         requiring permit fees to be adjusted; providing
   90         applicability; specifying a permit term for solid
   91         waste management facilities that do not have leachate
   92         control systems meeting department requirements under
   93         certain conditions; authorizing the department to
   94         adopt rules; providing that the department is not
   95         required to submit the rules to the Environmental
   96         Regulation Commission for approval; requiring permit
   97         fee caps to be prorated; amending s. 403.7125, F.S.;
   98         requiring the department to require by rule that
   99         owners or operators of solid waste management
  100         facilities receiving waste after October 9, 1993,
  101         provide financial assurance for the cost of completing
  102         certain corrective actions; amending s. 403.814, F.S.;
  103         providing for issuance of general permits for the
  104         construction, alteration, and maintenance of certain
  105         surface water management systems without the action of
  106         the department or a water management district;
  107         specifying conditions for the general permits;
  108         amending s. 403.853, F.S.; providing for the
  109         department, or a local county health department
  110         designated by the department, to perform sanitary
  111         surveys for certain transient noncommunity water
  112         systems; amending s. 403.973, F.S.; authorizing
  113         expedited permitting for certain commercial or
  114         industrial development projects that individually or
  115         collectively will create a minimum number of jobs;
  116         providing for a project-specific memorandum of
  117         agreement to apply to a project subject to expedited
  118         permitting; clarifying the authority of the department
  119         to enter final orders for the issuance of certain
  120         licenses; revising criteria for the review of certain
  121         sites; amending s. 526.203, F.S.; revising the
  122         definitions of the terms “blended gasoline” and
  123         “unblended gasoline”; defining the term “alternative
  124         fuel”; authorizing the sale of unblended fuels for
  125         certain uses; providing that holders of valid permits
  126         or other authorizations are not required to make
  127         payments to authorizing agencies for use of certain
  128         extensions granted under chapter 2011-139, Laws of
  129         Florida, or the act; providing for retroactive
  130         application; providing that certain building permits
  131         or permits issued by the Department of Environmental
  132         Protection or by a water management district are
  133         extended and renewed for a specified period; requiring
  134         written notification by the holder of an eligible
  135         permit; providing exceptions; providing an effective
  136         date.
  138  Be It Enacted by the Legislature of the State of Florida:
  140         Section 1. Section 125.022, Florida Statutes, is amended to
  141  read:
  142         125.022 Development permits.—When a county denies an
  143  application for a development permit, the county shall give
  144  written notice to the applicant. The notice must include a
  145  citation to the applicable portions of an ordinance, rule,
  146  statute, or other legal authority for the denial of the permit.
  147  As used in this section, the term “development permit” has the
  148  same meaning as in s. 163.3164. For any development permit
  149  application filed with the county after July 1, 2012, a county
  150  may not require as a condition of processing or issuing a
  151  development permit that an applicant obtain a permit or approval
  152  from any state or federal agency unless the agency has issued a
  153  final agency action that denies the federal or state permit
  154  before the county action on the local development permit.
  155  Issuance of a development permit by a county does not in any way
  156  create any rights on the part of the applicant to obtain a
  157  permit from a state or federal agency and does not create any
  158  liability on the part of the county for issuance of the permit
  159  if the applicant fails to obtain requisite approvals or fulfill
  160  the obligations imposed by a state or federal agency or
  161  undertakes actions that result in a violation of state or
  162  federal law. A county may attach such a disclaimer to the
  163  issuance of a development permit and may include a permit
  164  condition that all other applicable state or federal permits be
  165  obtained before commencement of the development. This section
  166  does not prohibit a county from providing information to an
  167  applicant regarding what other state or federal permits may
  168  apply.
  169         Section 2. Subsection (5) is added to section 161.041,
  170  Florida Statutes, to read:
  171         161.041 Permits required.—
  172         (5) Notwithstanding any other provision of law, the
  173  department may issue a permit pursuant to this part in advance
  174  of the issuance of an incidental take authorization as provided
  175  under the Endangered Species Act and its implementing
  176  regulations if the permit and authorization include a condition
  177  requiring that authorized activities not begin until the
  178  incidental take authorization is issued.
  179         Section 3. Section 166.033, Florida Statutes, is amended to
  180  read:
  181         166.033 Development permits.—When a municipality denies an
  182  application for a development permit, the municipality shall
  183  give written notice to the applicant. The notice must include a
  184  citation to the applicable portions of an ordinance, rule,
  185  statute, or other legal authority for the denial of the permit.
  186  As used in this section, the term “development permit” has the
  187  same meaning as in s. 163.3164. For any development permit
  188  application filed with the municipality after July 1, 2012, a
  189  municipality may not require as a condition of processing or
  190  issuing a development permit that an applicant obtain a permit
  191  or approval from any state or federal agency unless the agency
  192  has issued a final agency action that denies the federal or
  193  state permit before the municipal action on the local
  194  development permit. Issuance of a development permit by a
  195  municipality does not in any way create any right on the part of
  196  an applicant to obtain a permit from a state or federal agency
  197  and does not create any liability on the part of the
  198  municipality for issuance of the permit if the applicant fails
  199  to obtain requisite approvals or fulfill the obligations imposed
  200  by a state or federal agency or undertakes actions that result
  201  in a violation of state or federal law. A municipality may
  202  attach such a disclaimer to the issuance of development permits
  203  and may include a permit condition that all other applicable
  204  state or federal permits be obtained before commencement of the
  205  development. This section does not prohibit a municipality from
  206  providing information to an applicant regarding what other state
  207  or federal permits may apply.
  208         Section 4. Section 218.075, Florida Statutes, is amended to
  209  read:
  210         218.075 Reduction or waiver of permit processing fees.
  211  Notwithstanding any other provision of law, the Department of
  212  Environmental Protection and the water management districts
  213  shall reduce or waive permit processing fees for counties with a
  214  population of 50,000 or less on April 1, 1994, until such
  215  counties exceed a population of 75,000 and municipalities with a
  216  population of 25,000 or less, or for an entity created by
  217  special act, local ordinance, or interlocal agreement of such
  218  counties or municipalities, or for any county or municipality
  219  not included within a metropolitan statistical area. Fee
  220  reductions or waivers shall be approved on the basis of fiscal
  221  hardship or environmental need for a particular project or
  222  activity. The governing body must certify that the cost of the
  223  permit processing fee is a fiscal hardship due to one of the
  224  following factors:
  225         (1) Per capita taxable value is less than the statewide
  226  average for the current fiscal year;
  227         (2) Percentage of assessed property value that is exempt
  228  from ad valorem taxation is higher than the statewide average
  229  for the current fiscal year;
  230         (3) Any condition specified in s. 218.503(1) which results
  231  in the county or municipality being in a state of financial
  232  emergency;
  233         (4) Ad valorem operating millage rate for the current
  234  fiscal year is greater than 8 mills; or
  235         (5) A financial condition that is documented in annual
  236  financial statements at the end of the current fiscal year and
  237  indicates an inability to pay the permit processing fee during
  238  that fiscal year.
  240  The permit applicant must be the governing body of a county or
  241  municipality or a third party under contract with a county or
  242  municipality or an entity created by special act, local
  243  ordinance, or interlocal agreement and the project for which the
  244  fee reduction or waiver is sought must serve a public purpose.
  245  If a permit processing fee is reduced, the total fee shall not
  246  exceed $100.
  247         Section 5. Subsection (10) is added to section 373.026,
  248  Florida Statutes, to read:
  249         373.026 General powers and duties of the department.—The
  250  department, or its successor agency, shall be responsible for
  251  the administration of this chapter at the state level. However,
  252  it is the policy of the state that, to the greatest extent
  253  possible, the department may enter into interagency or
  254  interlocal agreements with any other state agency, any water
  255  management district, or any local government conducting programs
  256  related to or materially affecting the water resources of the
  257  state. All such agreements shall be subject to the provisions of
  258  s. 373.046. In addition to its other powers and duties, the
  259  department shall, to the greatest extent possible:
  260         (10) Expand the use of Internet-based self-certification
  261  services for appropriate exemptions and general permits issued
  262  by the department and the water management districts, if such
  263  expansion is economically feasible. In addition to expanding the
  264  use of Internet-based self-certification services for
  265  appropriate exemptions and general permits, the department and
  266  water management districts shall identify and develop general
  267  permits for appropriate activities currently requiring
  268  individual review which could be expedited through the use of
  269  applicable professional certification.
  270         Section 6. Subsection (3) is added to section 373.326,
  271  Florida Statutes, to read:
  272         373.326 Exemptions.—
  273         (3) A permit may not be required under this part for any
  274  well authorized pursuant to ss. 403.061 and 403.087 under the
  275  State Underground Injection Control Program identified in
  276  chapter 62-528, Florida Administrative Code, as Class I, Class
  277  II, Class III, Class IV, or Class V Groups 2-9. However, such
  278  wells must be constructed by persons who have obtained a license
  279  pursuant to s. 373.323 as otherwise required by law.
  280         Section 7. Subsection (2) of section 373.4141, Florida
  281  Statutes, is amended, and subsection (4) is added to that
  282  section, to read:
  283         373.4141 Permits; processing.—
  284         (2) A permit shall be approved, or denied, or subject to a
  285  notice of proposed agency action within 60 90 days after receipt
  286  of the original application, the last item of timely requested
  287  additional material, or the applicant’s written request to begin
  288  processing the permit application.
  289         (4) A state agency or an agency of the state may not
  290  require as a condition of approval for a permit or as an item to
  291  complete a pending permit application that an applicant obtain a
  292  permit or approval from any other local, state, or federal
  293  agency without explicit statutory authority to require such
  294  permit or approval.
  295         Section 8. Section 373.4144, Florida Statutes, is amended
  296  to read:
  297         373.4144 Federal environmental permitting.—
  298         (1) It is the intent of the Legislature to:
  299         (a) Facilitate coordination and a more efficient process of
  300  implementing regulatory duties and functions between the
  301  Department of Environmental Protection, the water management
  302  districts, the United States Army Corps of Engineers, the United
  303  States Fish and Wildlife Service, the National Marine Fisheries
  304  Service, the United States Environmental Protection Agency, the
  305  Fish and Wildlife Conservation Commission, and other relevant
  306  federal and state agencies.
  307         (b) Authorize the Department of Environmental Protection to
  308  obtain issuance by the United States Army Corps of Engineers,
  309  pursuant to state and federal law and as set forth in this
  310  section, of an expanded state programmatic general permit, or a
  311  series of regional general permits, for categories of activities
  312  in waters of the United States governed by the Clean Water Act
  313  and in navigable waters under the Rivers and Harbors Act of 1899
  314  which are similar in nature, which will cause only minimal
  315  adverse environmental effects when performed separately, and
  316  which will have only minimal cumulative adverse effects on the
  317  environment.
  318         (c) Use the mechanism of such a state general permit or
  319  such regional general permits to eliminate overlapping federal
  320  regulations and state rules that seek to protect the same
  321  resource and to avoid duplication of permitting between the
  322  United States Army Corps of Engineers and the department for
  323  minor work located in waters of the United States, including
  324  navigable waters, thus eliminating, in appropriate cases, the
  325  need for a separate individual approval from the United States
  326  Army Corps of Engineers while ensuring the most stringent
  327  protection of wetland resources.
  328         (d) Direct the department not to seek issuance of or take
  329  any action pursuant to any such permit or permits unless such
  330  conditions are at least as protective of the environment and
  331  natural resources as existing state law under this part and
  332  federal law under the Clean Water Act and the Rivers and Harbors
  333  Act of 1899. The department is directed to develop, on or before
  334  October 1, 2005, a mechanism or plan to consolidate, to the
  335  maximum extent practicable, the federal and state wetland
  336  permitting programs. It is the intent of the Legislature that
  337  all dredge and fill activities impacting 10 acres or less of
  338  wetlands or waters, including navigable waters, be processed by
  339  the state as part of the environmental resource permitting
  340  program implemented by the department and the water management
  341  districts. The resulting mechanism or plan shall analyze and
  342  propose the development of an expanded state programmatic
  343  general permit program in conjunction with the United States
  344  Army Corps of Engineers pursuant to s. 404 of the Clean Water
  345  Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
  346  and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,
  347  or in combination with an expanded state programmatic general
  348  permit, the mechanism or plan may propose the creation of a
  349  series of regional general permits issued by the United States
  350  Army Corps of Engineers pursuant to the referenced statutes. All
  351  of the regional general permits must be administered by the
  352  department or the water management districts or their designees.
  353         (2) In order to effectuate efficient wetland permitting and
  354  avoid duplication, the department and water management districts
  355  are authorized to implement a voluntary state programmatic
  356  general permit for all dredge and fill activities impacting 3
  357  acres or less of wetlands or other surface waters, including
  358  navigable waters, subject to agreement with the United States
  359  Army Corps of Engineers, if the general permit is at least as
  360  protective of the environment and natural resources as existing
  361  state law under this part and federal law under the Clean Water
  362  Act and the Rivers and Harbors Act of 1899. The department is
  363  directed to file with the Speaker of the House of
  364  Representatives and the President of the Senate a report
  365  proposing any required federal and state statutory changes that
  366  would be necessary to accomplish the directives listed in this
  367  section and to coordinate with the Florida Congressional
  368  Delegation on any necessary changes to federal law to implement
  369  the directives.
  370         (3) Nothing in This section may not shall be construed to
  371  preclude the department from pursuing a series of regional
  372  general permits for construction activities in wetlands or
  373  surface waters or complete assumption of federal permitting
  374  programs regulating the discharge of dredged or fill material
  375  pursuant to s. 404 of the Clean Water Act, Pub. L. No. 92-500,
  376  as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers
  377  and Harbors Act of 1899, so long as the assumption encompasses
  378  all dredge and fill activities in, on, or over jurisdictional
  379  wetlands or waters, including navigable waters, within the
  380  state.
  381         Section 9. Subsection (11) of section 376.3071, Florida
  382  Statutes, is amended to read:
  383         376.3071 Inland Protection Trust Fund; creation; purposes;
  384  funding.—
  385         (11) SITE CLEANUP.—
  386         (a) Voluntary cleanup.Nothing in This section shall does
  387  not be deemed to prohibit a person from conducting site
  388  rehabilitation either through his or her own personnel or
  389  through responsible response action contractors or
  390  subcontractors when such person is not seeking site
  391  rehabilitation funding from the fund. Such voluntary cleanups
  392  must meet all applicable environmental standards.
  393         (b) Low-scored site initiative.—Notwithstanding s.
  394  376.30711, any site with a priority ranking score of 29 10
  395  points or less may voluntarily participate in the low-scored
  396  site initiative, whether or not the site is eligible for state
  397  restoration funding.
  398         1. To participate in the low-scored site initiative, the
  399  responsible party or property owner must affirmatively
  400  demonstrate that the following conditions are met:
  401         a. Upon reassessment pursuant to department rule, the site
  402  retains a priority ranking score of 29 10 points or less.
  403         b. No excessively contaminated soil, as defined by
  404  department rule, exists onsite as a result of a release of
  405  petroleum products.
  406         c. A minimum of 6 months of groundwater monitoring
  407  indicates that the plume is shrinking or stable.
  408         d. The release of petroleum products at the site does not
  409  adversely affect adjacent surface waters, including their
  410  effects on human health and the environment.
  411         e. The area of groundwater containing the petroleum
  412  products’ chemicals of concern is less than one-quarter acre and
  413  is confined to the source property boundaries of the real
  414  property on which the discharge originated.
  415         f. Soils onsite that are subject to human exposure found
  416  between land surface and 2 feet below land surface meet the soil
  417  cleanup target levels established by department rule or human
  418  exposure is limited by appropriate institutional or engineering
  419  controls.
  420         2. Upon affirmative demonstration of the conditions under
  421  subparagraph 1., the department shall issue a determination of
  422  “No Further Action.” Such determination acknowledges that
  423  minimal contamination exists onsite and that such contamination
  424  is not a threat to human health or the environment. If no
  425  contamination is detected, the department may issue a site
  426  rehabilitation completion order.
  427         3. Sites that are eligible for state restoration funding
  428  may receive payment of preapproved costs for the low-scored site
  429  initiative as follows:
  430         a. A responsible party or property owner may submit an
  431  assessment plan designed to affirmatively demonstrate that the
  432  site meets the conditions under subparagraph 1. Notwithstanding
  433  the priority ranking score of the site, the department may
  434  preapprove the cost of the assessment pursuant to s. 376.30711,
  435  including 6 months of groundwater monitoring, not to exceed
  436  $30,000 for each site. The department may not pay the costs
  437  associated with the establishment of institutional or
  438  engineering controls.
  439         b. The assessment work shall be completed no later than 6
  440  months after the department issues its approval.
  441         c. No more than $10 million for the low-scored site
  442  initiative may shall be encumbered from the Inland Protection
  443  Trust Fund in any fiscal year. Funds shall be made available on
  444  a first-come, first-served basis and shall be limited to 10
  445  sites in each fiscal year for each responsible party or property
  446  owner.
  447         d. Program deductibles, copayments, and the limited
  448  contamination assessment report requirements under paragraph
  449  (13)(c) do not apply to expenditures under this paragraph.
  450         Section 10. Section 376.30715, Florida Statutes, is amended
  451  to read:
  452         376.30715 Innocent victim petroleum storage system
  453  restoration.—A contaminated site acquired by the current owner
  454  prior to July 1, 1990, which has ceased operating as a petroleum
  455  storage or retail business prior to January 1, 1985, is eligible
  456  for financial assistance pursuant to s. 376.305(6),
  457  notwithstanding s. 376.305(6)(a). For purposes of this section,
  458  the term “acquired” means the acquisition of title to the
  459  property; however, a subsequent transfer of the property to a
  460  spouse or child of the owner, a surviving spouse or child of the
  461  owner in trust or free of trust, or a revocable trust created
  462  for the benefit of the settlor, or a corporate entity created by
  463  the owner to hold title to the site does not disqualify the site
  464  from financial assistance pursuant to s. 376.305(6) and
  465  applicants previously denied coverage may reapply. Eligible
  466  sites shall be ranked in accordance with s. 376.3071(5).
  467         Section 11. Subsection (1) of section 380.0657, Florida
  468  Statutes, is amended to read:
  469         380.0657 Expedited permitting process for economic
  470  development projects.—
  471         (1) The Department of Environmental Protection and, as
  472  appropriate, the water management districts created under
  473  chapter 373 shall adopt programs to expedite the processing of
  474  wetland resource and environmental resource permits for economic
  475  development projects that have been identified by a municipality
  476  or county as meeting the definition of target industry
  477  businesses under s. 288.106, or any intermodal logistics center
  478  receiving or sending cargo to or from Florida ports, with the
  479  exception of those projects requiring approval by the Board of
  480  Trustees of the Internal Improvement Trust Fund.
  481         Section 12. Subsection (11) of section 403.061, Florida
  482  Statutes, is amended to read:
  483         403.061 Department; powers and duties.—The department shall
  484  have the power and the duty to control and prohibit pollution of
  485  air and water in accordance with the law and rules adopted and
  486  promulgated by it and, for this purpose, to:
  487         (11) Establish ambient air quality and water quality
  488  standards for the state as a whole or for any part thereof, and
  489  also standards for the abatement of excessive and unnecessary
  490  noise. The department is authorized to establish reasonable
  491  zones of mixing for discharges into waters. For existing
  492  installations as defined by rule 62-520.200(10), Florida
  493  Administrative Code, effective July 12, 2009, zones of discharge
  494  to groundwater are authorized horizontally to a facility’s or
  495  owner’s property boundary and extending vertically to the base
  496  of a specifically designated aquifer or aquifers. Such zones of
  497  discharge may be modified in accordance with procedures
  498  specified in department rules. Exceedance of primary and
  499  secondary groundwater standards that occur within a zone of
  500  discharge does not create liability pursuant to this chapter or
  501  chapter 376 for site cleanup, and the exceedance of soil cleanup
  502  target levels is not a basis for enforcement or site cleanup.
  503         (a) When a receiving body of water fails to meet a water
  504  quality standard for pollutants set forth in department rules, a
  505  steam electric generating plant discharge of pollutants that is
  506  existing or licensed under this chapter on July 1, 1984, may
  507  nevertheless be granted a mixing zone, provided that:
  508         1. The standard would not be met in the water body in the
  509  absence of the discharge;
  510         2. The discharge is in compliance with all applicable
  511  technology-based effluent limitations;
  512         3. The discharge does not cause a measurable increase in
  513  the degree of noncompliance with the standard at the boundary of
  514  the mixing zone; and
  515         4. The discharge otherwise complies with the mixing zone
  516  provisions specified in department rules.
  517         (b) No Mixing zones zone for point source discharges are
  518  not shall be permitted in Outstanding Florida Waters except for:
  519         1. Sources that have received permits from the department
  520  prior to April 1, 1982, or the date of designation, whichever is
  521  later;
  522         2. Blowdown from new power plants certified pursuant to the
  523  Florida Electrical Power Plant Siting Act;
  524         3. Discharges of water necessary for water management
  525  purposes which have been approved by the governing board of a
  526  water management district and, if required by law, by the
  527  secretary; and
  528         4. The discharge of demineralization concentrate which has
  529  been determined permittable under s. 403.0882 and which meets
  530  the specific provisions of s. 403.0882(4)(a) and (b), if the
  531  proposed discharge is clearly in the public interest.
  532         (c) The department, by rule, shall establish water quality
  533  criteria for wetlands which criteria give appropriate
  534  recognition to the water quality of such wetlands in their
  535  natural state.
  537  Nothing in This act may not shall be construed to invalidate any
  538  existing department rule relating to mixing zones. The
  539  department shall cooperate with the Department of Highway Safety
  540  and Motor Vehicles in the development of regulations required by
  541  s. 316.272(1).
  543  The department shall implement such programs in conjunction with
  544  its other powers and duties and shall place special emphasis on
  545  reducing and eliminating contamination that presents a threat to
  546  humans, animals or plants, or to the environment.
  547         Section 13. Subsection (7) of section 403.087, Florida
  548  Statutes, is amended to read:
  549         403.087 Permits; general issuance; denial; revocation;
  550  prohibition; penalty.—
  551         (7) A permit issued pursuant to this section does shall not
  552  become a vested right in the permittee. The department may
  553  revoke any permit issued by it if it finds that the permitholder
  554  has:
  555         (a) Has Submitted false or inaccurate information in the
  556  his or her application for the permit;
  557         (b) Has Violated law, department orders, rules, or
  558  regulations, or permit conditions which directly relate to the
  559  permit;
  560         (c) Has Failed to submit operational reports or other
  561  information required by department rule which directly relate to
  562  the permit and has refused to correct or cure such violations
  563  when requested to do so or regulation; or
  564         (d) Has Refused lawful inspection under s. 403.091 at the
  565  facility authorized by the permit.
  566         Section 14. Subsection (2) of section 403.1838, Florida
  567  Statutes, is amended to read:
  568         403.1838 Small Community Sewer Construction Assistance
  569  Act.—
  570         (2) The department shall use funds specifically
  571  appropriated to award grants under this section to assist
  572  financially disadvantaged small communities with their needs for
  573  adequate sewer facilities. For purposes of this section, the
  574  term “financially disadvantaged small community” means a
  575  municipality that has with a population of 10,000 7,500 or fewer
  576  less, according to the latest decennial census and a per capita
  577  annual income less than the state per capita annual income as
  578  determined by the United States Department of Commerce.
  579         Section 15. Paragraph (f) of subsection (1) of section
  580  403.7045, Florida Statutes, is amended to read:
  581         403.7045 Application of act and integration with other
  582  acts.—
  583         (1) The following wastes or activities shall not be
  584  regulated pursuant to this act:
  585         (f) Industrial byproducts, if:
  586         1. A majority of the industrial byproducts are demonstrated
  587  to be sold, used, or reused within 1 year.
  588         2. The industrial byproducts are not discharged, deposited,
  589  injected, dumped, spilled, leaked, or placed upon any land or
  590  water so that such industrial byproducts, or any constituent
  591  thereof, may enter other lands or be emitted into the air or
  592  discharged into any waters, including groundwaters, or otherwise
  593  enter the environment such that a threat of contamination in
  594  excess of applicable department standards and criteria or a
  595  significant threat to public health is caused.
  596         3. The industrial byproducts are not hazardous wastes as
  597  defined under s. 403.703 and rules adopted under this section.
  599  Sludge from an industrial waste treatment works that meets the
  600  exemption requirements of this paragraph is not solid waste as
  601  defined in s. 403.703(32).
  602         Section 16. Paragraph (a) of subsection (4) of section
  603  403.706, Florida Statutes, is amended to read:
  604         403.706 Local government solid waste responsibilities.—
  605         (4)(a) In order to promote the production of renewable
  606  energy from solid waste, each megawatt-hour produced by a
  607  renewable energy facility using solid waste as a fuel shall
  608  count as 1 ton of recycled material and shall be applied toward
  609  meeting the recycling goals set forth in this section. If a
  610  county creating renewable energy from solid waste implements and
  611  maintains a program to recycle at least 50 percent of municipal
  612  solid waste by a means other than creating renewable energy,
  613  that county shall count 1.25 2 tons of recycled material for
  614  each megawatt-hour produced. If waste originates from a county
  615  other than the county in which the renewable energy facility
  616  resides, the originating county shall receive such recycling
  617  credit. Any county that has a debt service payment related to
  618  its waste-to-energy facility shall receive 1 ton of recycled
  619  materials credit for each ton of solid waste processed at the
  620  facility. Any byproduct resulting from the creation of renewable
  621  energy that is recycled shall count towards the county recycling
  622  goals in accordance with the methods and criteria developed
  623  pursuant to paragraph (2)(h) does not count as waste.
  624         Section 17. Subsections (1), (2), and (3) of section
  625  403.707, Florida Statutes, are amended to read:
  626         403.707 Permits.—
  627         (1) A solid waste management facility may not be operated,
  628  maintained, constructed, expanded, modified, or closed without
  629  an appropriate and currently valid permit issued by the
  630  department. The department may by rule exempt specified types of
  631  facilities from the requirement for a permit under this part if
  632  it determines that construction or operation of the facility is
  633  not expected to create any significant threat to the environment
  634  or public health. For purposes of this part, and only when
  635  specified by department rule, a permit may include registrations
  636  as well as other forms of licenses as defined in s. 120.52.
  637  Solid waste construction permits issued under this section may
  638  include any permit conditions necessary to achieve compliance
  639  with the recycling requirements of this act. The department
  640  shall pursue reasonable timeframes for closure and construction
  641  requirements, considering pending federal requirements and
  642  implementation costs to the permittee. The department shall
  643  adopt a rule establishing performance standards for construction
  644  and closure of solid waste management facilities. The standards
  645  shall allow flexibility in design and consideration for site
  646  specific characteristics. For the purpose of permitting under
  647  this chapter, the department shall allow waste-to-energy
  648  facilities to maximize acceptance and processing of nonhazardous
  649  solid and liquid waste.
  650         (2) Except as provided in s. 403.722(6), a permit under
  651  this section is not required for the following, if the activity
  652  does not create a public nuisance or any condition adversely
  653  affecting the environment or public health and does not violate
  654  other state or local laws, ordinances, rules, regulations, or
  655  orders:
  656         (a) Disposal by persons of solid waste resulting from their
  657  own activities on their own property, if such waste is ordinary
  658  household waste from their residential property or is rocks,
  659  soils, trees, tree remains, and other vegetative matter that
  660  normally result from land development operations. Disposal of
  661  materials that could create a public nuisance or adversely
  662  affect the environment or public health, such as white goods;
  663  automotive materials, such as batteries and tires; petroleum
  664  products; pesticides; solvents; or hazardous substances, is not
  665  covered under this exemption.
  666         (b) Storage in containers by persons of solid waste
  667  resulting from their own activities on their property, leased or
  668  rented property, or property subject to a homeowners’ homeowners
  669  or maintenance association for which the person contributes
  670  association assessments, if the solid waste in such containers
  671  is collected at least once a week.
  672         (c) Disposal by persons of solid waste resulting from their
  673  own activities on their property, if the environmental effects
  674  of such disposal on groundwater and surface waters are:
  675         1. Addressed or authorized by a site certification order
  676  issued under part II or a permit issued by the department under
  677  this chapter or rules adopted pursuant to this chapter; or
  678         2. Addressed or authorized by, or exempted from the
  679  requirement to obtain, a groundwater monitoring plan approved by
  680  the department. If a facility has a permit authorizing disposal
  681  activity, new areas where solid waste is being disposed of which
  682  are monitored by an existing or modified groundwater monitoring
  683  plan are not required to be specifically authorized in a permit
  684  or other certification.
  685         (d) Disposal by persons of solid waste resulting from their
  686  own activities on their own property, if such disposal occurred
  687  prior to October 1, 1988.
  688         (e) Disposal of solid waste resulting from normal farming
  689  operations as defined by department rule. Polyethylene
  690  agricultural plastic, damaged, nonsalvageable, untreated wood
  691  pallets, and packing material that cannot be feasibly recycled,
  692  which are used in connection with agricultural operations
  693  related to the growing, harvesting, or maintenance of crops, may
  694  be disposed of by open burning if a public nuisance or any
  695  condition adversely affecting the environment or the public
  696  health is not created by the open burning and state or federal
  697  ambient air quality standards are not violated.
  698         (f) The use of clean debris as fill material in any area.
  699  However, this paragraph does not exempt any person from
  700  obtaining any other required permits, and does not affect a
  701  person’s responsibility to dispose of clean debris appropriately
  702  if it is not to be used as fill material.
  703         (g) Compost operations that produce less than 50 cubic
  704  yards of compost per year when the compost produced is used on
  705  the property where the compost operation is located.
  706         (3)(a) All applicable provisions of ss. 403.087 and
  707  403.088, relating to permits, apply to the control of solid
  708  waste management facilities.
  709         (b) A permit, including a general permit, issued to a solid
  710  waste management facility that is designed with a leachate
  711  control system meeting department requirements shall be issued
  712  for a term of 20 years unless the applicant requests a shorter
  713  permit term. This paragraph applies to a qualifying solid waste
  714  management facility that applies for an operating or
  715  construction permit or renews an existing operating or
  716  construction permit on or after October 1, 2012.
  717         (c) A permit, including a general permit, but not including
  718  a registration, issued to a solid waste management facility that
  719  does not have a leachate control system meeting department
  720  requirements shall be renewed for a term of 10 years, unless the
  721  applicant requests a shorter permit term, if the following
  722  conditions are met:
  723         1. The applicant has conducted the regulated activity at
  724  the same site for which the renewal is sought for at least 4
  725  years and 6 months before the date that the permit application
  726  is received by the department; and
  727         2. At the time of applying for the renewal permit:
  728         a. The applicant is not subject to a notice of violation,
  729  consent order, or administrative order issued by the department
  730  for violation of an applicable law or rule;
  731         b. The department has not notified the applicant that it is
  732  required to implement assessment or evaluation monitoring as a
  733  result of exceedances of applicable groundwater standards or
  734  criteria or, if applicable, the applicant is completing
  735  corrective actions in accordance with applicable department
  736  rules; and
  737         c. The applicant is in compliance with the applicable
  738  financial assurance requirements.
  739         (d) The department may adopt rules to administer this
  740  subsection. However, the department is not required to submit
  741  such rules to the Environmental Regulation Commission for
  742  approval. Notwithstanding the limitations of s. 403.087(6)(a),
  743  permit fee caps for solid waste management facilities shall be
  744  prorated to reflect the extended permit term authorized by this
  745  subsection.
  746         Section 18. Section 403.7125, Florida Statutes, is amended
  747  to read:
  748         403.7125 Financial assurance for closure.—
  749         (1) Every owner or operator of a landfill is jointly and
  750  severally liable for the improper operation and closure of the
  751  landfill, as provided by law. As used in this section, the term
  752  “owner or operator” means any owner of record of any interest in
  753  land wherein a landfill is or has been located and any person or
  754  corporation that owns a majority interest in any other
  755  corporation that is the owner or operator of a landfill.
  756         (2) The owner or operator of a landfill owned or operated
  757  by a local or state government or the Federal Government shall
  758  establish a fee, or a surcharge on existing fees or other
  759  appropriate revenue-producing mechanism, to ensure the
  760  availability of financial resources for the proper closure of
  761  the landfill. However, the disposal of solid waste by persons on
  762  their own property, as described in s. 403.707(2), is exempt
  763  from this section.
  764         (a) The revenue-producing mechanism must produce revenue at
  765  a rate sufficient to generate funds to meet state and federal
  766  landfill closure requirements.
  767         (b) The revenue shall be deposited in an interest-bearing
  768  escrow account to be held and administered by the owner or
  769  operator. The owner or operator shall file with the department
  770  an annual audit of the account. The audit shall be conducted by
  771  an independent certified public accountant. Failure to collect
  772  or report such revenue, except as allowed in subsection (3), is
  773  a noncriminal violation punishable by a fine of not more than
  774  $5,000 for each offense. The owner or operator may make
  775  expenditures from the account and its accumulated interest only
  776  for the purpose of landfill closure and, if such expenditures do
  777  not deplete the fund to the detriment of eventual closure, for
  778  planning and construction of resource recovery or landfill
  779  facilities. Any moneys remaining in the account after paying for
  780  proper and complete closure, as determined by the department,
  781  shall, if the owner or operator does not operate a landfill, be
  782  deposited by the owner or operator into the general fund or the
  783  appropriate solid waste fund of the local government of
  784  jurisdiction.
  785         (c) The revenue generated under this subsection and any
  786  accumulated interest thereon may be applied to the payment of,
  787  or pledged as security for, the payment of revenue bonds issued
  788  in whole or in part for the purpose of complying with state and
  789  federal landfill closure requirements. Such application or
  790  pledge may be made directly in the proceedings authorizing such
  791  bonds or in an agreement with an insurer of bonds to assure such
  792  insurer of additional security therefor.
  793         (d) The provisions of s. 212.055 which relate to raising of
  794  revenues for landfill closure or long-term maintenance do not
  795  relieve a landfill owner or operator from the obligations of
  796  this section.
  797         (e) The owner or operator of any landfill that had
  798  established an escrow account in accordance with this section
  799  and the conditions of its permit prior to January 1, 2007, may
  800  continue to use that escrow account to provide financial
  801  assurance for closure of that landfill, even if that landfill is
  802  not owned or operated by a local or state government or the
  803  Federal Government.
  804         (3) An owner or operator of a landfill owned or operated by
  805  a local or state government or by the Federal Government may
  806  provide financial assurance to the department in lieu of the
  807  requirements of subsection (2). An owner or operator of any
  808  other landfill, or any other solid waste management facility
  809  designated by department rule, shall provide financial assurance
  810  to the department for the closure of the facility. Such
  811  financial assurance may include surety bonds, certificates of
  812  deposit, securities, letters of credit, or other documents
  813  showing that the owner or operator has sufficient financial
  814  resources to cover, at a minimum, the costs of complying with
  815  applicable closure requirements. The owner or operator shall
  816  estimate such costs to the satisfaction of the department.
  817         (4) This section does not repeal, limit, or abrogate any
  818  other law authorizing local governments to fix, levy, or charge
  819  rates, fees, or charges for the purpose of complying with state
  820  and federal landfill closure requirements.
  821         (5) The department shall by rule require that the owner or
  822  operator of a solid waste management facility that receives
  823  waste after October 9, 1993, and that is required by department
  824  rule to undertake corrective actions for violations of water
  825  quality standards provide financial assurance for the cost of
  826  completing such corrective actions. The same financial assurance
  827  mechanisms that are available for closure costs shall be
  828  available for costs associated with undertaking corrective
  829  actions.
  830         (6)(5) The department shall adopt rules to implement this
  831  section.
  832         Section 19. Subsection (12) is added to section 403.814,
  833  Florida Statutes, to read:
  834         403.814 General permits; delegation.—
  835         (12) A general permit is granted for the construction,
  836  alteration, and maintenance of a stormwater management system
  837  serving a total project area of up to 10 acres. When the
  838  stormwater management system is designed, operated, and
  839  maintained in accordance with applicable rules adopted pursuant
  840  to part IV of chapter 373, there is a rebuttable presumption
  841  that the discharge for such systems complies with state water
  842  quality standards. The construction of such a system may proceed
  843  without any further agency action by the department or water
  844  management district if, within 30 days after commencement of
  845  construction, an electronic self-certification is submitted to
  846  the department or water management district which certifies the
  847  proposed system was designed by a Florida-registered
  848  professional to meet all of the requirements listed in
  849  paragraphs (a)-(f):
  850         (a) The total project involves less than 10 acres and less
  851  than 2 acres of impervious surface;
  852         (b) No activities will impact wetlands or other surface
  853  waters;
  854         (c) No activities are conducted in, on, or over wetlands or
  855  other surface waters;
  856         (d) Drainage facilities will not include pipes having
  857  diameters greater than 24 inches, or the hydraulic equivalent,
  858  and will not use pumps in any manner;
  859         (e) The project is not part of a larger common plan,
  860  development, or sale; and
  861         (f) The project does not:
  862         1. Cause adverse water quantity or flooding impacts to
  863  receiving water and adjacent lands;
  864         2. Cause adverse impacts to existing surface water storage
  865  and conveyance capabilities;
  866         3. Cause a violation of state water quality standards; or
  867         4. Cause an adverse impact to the maintenance of surface or
  868  groundwater levels or surface water flows established pursuant
  869  to s. 373.042 or a work of the district established pursuant to
  870  s. 373.086.
  871         Section 20. Subsection (6) of section 403.853, Florida
  872  Statutes, is amended to read:
  873         403.853 Drinking water standards.—
  874         (6) Upon the request of the owner or operator of a
  875  transient noncommunity water system using groundwater as a
  876  source of supply and serving religious institutions or
  877  businesses, other than restaurants or other public food service
  878  establishments or religious institutions with school or day care
  879  services, and using groundwater as a source of supply, the
  880  department, or a local county health department designated by
  881  the department, shall perform a sanitary survey of the facility.
  882  Upon receipt of satisfactory survey results according to
  883  department criteria, the department shall reduce the
  884  requirements of such owner or operator from monitoring and
  885  reporting on a quarterly basis to performing these functions on
  886  an annual basis. Any revised monitoring and reporting schedule
  887  approved by the department under this subsection shall apply
  888  until such time as a violation of applicable state or federal
  889  primary drinking water standards is determined by the system
  890  owner or operator, by the department, or by an agency designated
  891  by the department, after a random or routine sanitary survey.
  892  Certified operators are not required for transient noncommunity
  893  water systems of the type and size covered by this subsection.
  894  Any reports required of such system shall be limited to the
  895  minimum as required by federal law. When not contrary to the
  896  provisions of federal law, the department may, upon request and
  897  by rule, waive additional provisions of state drinking water
  898  regulations for such systems.
  899         Section 21. Paragraph (a) of subsection (3) and subsections
  900  (4), (5), (10), (11), (14), (15), and (18) of section 403.973,
  901  Florida Statutes, are amended to read:
  902         403.973 Expedited permitting; amendments to comprehensive
  903  plans.—
  904         (3)(a) The secretary shall direct the creation of regional
  905  permit action teams for the purpose of expediting review of
  906  permit applications and local comprehensive plan amendments
  907  submitted by:
  908         1. Businesses creating at least 50 jobs or a commercial or
  909  industrial development project that will be occupied by
  910  businesses that would individually or collectively create at
  911  least 50 jobs; or
  912         2. Businesses creating at least 25 jobs if the project is
  913  located in an enterprise zone, or in a county having a
  914  population of fewer than 75,000 or in a county having a
  915  population of fewer than 125,000 which is contiguous to a county
  916  having a population of fewer than 75,000, as determined by the
  917  most recent decennial census, residing in incorporated and
  918  unincorporated areas of the county.
  919         (4) The regional teams shall be established through the
  920  execution of a project-specific memoranda of agreement developed
  921  and executed by the applicant and the secretary, with input
  922  solicited from the Department of Economic Opportunity and the
  923  respective heads of the Department of Transportation and its
  924  district offices, the Department of Agriculture and Consumer
  925  Services, the Fish and Wildlife Conservation Commission,
  926  appropriate regional planning councils, appropriate water
  927  management districts, and voluntarily participating
  928  municipalities and counties. The memoranda of agreement should
  929  also accommodate participation in this expedited process by
  930  other local governments and federal agencies as circumstances
  931  warrant.
  932         (5) In order to facilitate local government’s option to
  933  participate in this expedited review process, the secretary
  934  shall, in cooperation with local governments and participating
  935  state agencies, create a standard form memorandum of agreement.
  936  The standard form of the memorandum of agreement shall be used
  937  only if the local government participates in the expedited
  938  review process. In the absence of local government
  939  participation, only the project-specific memorandum of agreement
  940  executed pursuant to subsection (4) applies. A local government
  941  shall hold a duly noticed public workshop to review and explain
  942  to the public the expedited permitting process and the terms and
  943  conditions of the standard form memorandum of agreement.
  944         (10) The memoranda of agreement may provide for the waiver
  945  or modification of procedural rules prescribing forms, fees,
  946  procedures, or time limits for the review or processing of
  947  permit applications under the jurisdiction of those agencies
  948  that are members of the regional permit action team party to the
  949  memoranda of agreement. Notwithstanding any other provision of
  950  law to the contrary, a memorandum of agreement must to the
  951  extent feasible provide for proceedings and hearings otherwise
  952  held separately by the parties to the memorandum of agreement to
  953  be combined into one proceeding or held jointly and at one
  954  location. Such waivers or modifications are not authorized shall
  955  not be available for permit applications governed by federally
  956  delegated or approved permitting programs, the requirements of
  957  which would prohibit, or be inconsistent with, such a waiver or
  958  modification.
  959         (11) The standard form for memoranda of agreement shall
  960  include guidelines to be used in working with state, regional,
  961  and local permitting authorities. Guidelines may include, but
  962  are not limited to, the following:
  963         (a) A central contact point for filing permit applications
  964  and local comprehensive plan amendments and for obtaining
  965  information on permit and local comprehensive plan amendment
  966  requirements.;
  967         (b) Identification of the individual or individuals within
  968  each respective agency who will be responsible for processing
  969  the expedited permit application or local comprehensive plan
  970  amendment for that agency.;
  971         (c) A mandatory preapplication review process to reduce
  972  permitting conflicts by providing guidance to applicants
  973  regarding the permits needed from each agency and governmental
  974  entity, site planning and development, site suitability and
  975  limitations, facility design, and steps the applicant can take
  976  to ensure expeditious permit application and local comprehensive
  977  plan amendment review. As a part of this process, the first
  978  interagency meeting to discuss a project shall be held within 14
  979  days after the secretary’s determination that the project is
  980  eligible for expedited review. Subsequent interagency meetings
  981  may be scheduled to accommodate the needs of participating local
  982  governments that are unable to meet public notice requirements
  983  for executing a memorandum of agreement within this timeframe.
  984  This accommodation may not exceed 45 days from the secretary’s
  985  determination that the project is eligible for expedited
  986  review.;
  987         (d) The preparation of a single coordinated project
  988  description form and checklist and an agreement by state and
  989  regional agencies to reduce the burden on an applicant to
  990  provide duplicate information to multiple agencies.;
  991         (e) Establishment of a process for the adoption and review
  992  of any comprehensive plan amendment needed by any certified
  993  project within 90 days after the submission of an application
  994  for a comprehensive plan amendment. However, the memorandum of
  995  agreement may not prevent affected persons as defined in s.
  996  163.3184 from appealing or participating in this expedited plan
  997  amendment process and any review or appeals of decisions made
  998  under this paragraph.; and
  999         (f) Additional incentives for an applicant who proposes a
 1000  project that provides a net ecosystem benefit.
 1001         (14)(a) Challenges to state agency action in the expedited
 1002  permitting process for projects processed under this section are
 1003  subject to the summary hearing provisions of s. 120.574, except
 1004  that the administrative law judge’s decision, as provided in s.
 1005  120.574(2)(f), shall be in the form of a recommended order and
 1006  do not constitute the final action of the state agency. In those
 1007  proceedings where the action of only one agency of the state
 1008  other than the Department of Environmental Protection is
 1009  challenged, the agency of the state shall issue the final order
 1010  within 45 working days after receipt of the administrative law
 1011  judge’s recommended order, and the recommended order shall
 1012  inform the parties of their right to file exceptions or
 1013  responses to the recommended order in accordance with the
 1014  uniform rules of procedure pursuant to s. 120.54. In those
 1015  proceedings where the actions of more than one agency of the
 1016  state are challenged, the Governor shall issue the final order
 1017  within 45 working days after receipt of the administrative law
 1018  judge’s recommended order, and the recommended order shall
 1019  inform the parties of their right to file exceptions or
 1020  responses to the recommended order in accordance with the
 1021  uniform rules of procedure pursuant to s. 120.54. For This
 1022  paragraph does not apply to the issuance of department licenses
 1023  required under any federally delegated or approved permit
 1024  program. In such instances, the department, and not the
 1025  Governor, shall enter the final order. The participating
 1026  agencies of the state may opt at the preliminary hearing
 1027  conference to allow the administrative law judge’s decision to
 1028  constitute the final agency action.
 1029         (b) Projects identified in paragraph (3)(f) or challenges
 1030  to state agency action in the expedited permitting process for
 1031  establishment of a state-of-the-art biomedical research
 1032  institution and campus in this state by the grantee under s.
 1033  288.955 are subject to the same requirements as challenges
 1034  brought under paragraph (a), except that, notwithstanding s.
 1035  120.574, summary proceedings must be conducted within 30 days
 1036  after a party files the motion for summary hearing, regardless
 1037  of whether the parties agree to the summary proceeding.
 1038         (15) The Department of Economic Opportunity, working with
 1039  the agencies providing cooperative assistance and input
 1040  regarding the memoranda of agreement, shall review sites
 1041  proposed for the location of facilities that the Department of
 1042  Economic Opportunity has certified to be eligible for the
 1043  Innovation Incentive Program under s. 288.1089. Within 20 days
 1044  after the request for the review by the Department of Economic
 1045  Opportunity, the agencies shall provide to the Department of
 1046  Economic Opportunity a statement as to each site’s necessary
 1047  permits under local, state, and federal law and an
 1048  identification of significant permitting issues, which if
 1049  unresolved, may result in the denial of an agency permit or
 1050  approval or any significant delay caused by the permitting
 1051  process.
 1052         (18) The Department of Economic Opportunity, working with
 1053  the Rural Economic Development Initiative and the agencies
 1054  participating in the memoranda of agreement, shall provide
 1055  technical assistance in preparing permit applications and local
 1056  comprehensive plan amendments for counties having a population
 1057  of fewer than 75,000 residents, or counties having fewer than
 1058  125,000 residents which are contiguous to counties having fewer
 1059  than 75,000 residents. Additional assistance may include, but
 1060  not be limited to, guidance in land development regulations and
 1061  permitting processes, working cooperatively with state,
 1062  regional, and local entities to identify areas within these
 1063  counties which may be suitable or adaptable for preclearance
 1064  review of specified types of land uses and other activities
 1065  requiring permits.
 1066         Section 22. Subsection (1) of section 526.203, Florida
 1067  Statutes, is amended, and subsection (5) is added to that
 1068  section, to read:
 1069         526.203 Renewable fuel standard.—
 1070         (1) DEFINITIONS.—As used in this act:
 1071         (a) “Blender,” “importer,” “terminal supplier,” and
 1072  “wholesaler” are defined as provided in s. 206.01.
 1073         (b) “Blended gasoline” means a mixture of 90 to 91 percent
 1074  gasoline and 9 to 10 percent fuel ethanol or other alternative
 1075  fuel, by volume, that meets the specifications as adopted by the
 1076  department. The fuel ethanol or other alternative fuel portion
 1077  may be derived from any agricultural source.
 1078         (c) “Fuel ethanol” means an anhydrous denatured alcohol
 1079  produced by the conversion of carbohydrates that meets the
 1080  specifications as adopted by the department.
 1081         (d) “Alternative fuel” means a fuel produced from biomass
 1082  that is used to replace or reduce the quantity of fossil fuel
 1083  present in a petroleum fuel that meets the specifications as
 1084  adopted by the department. “Biomass” means biomass as defined in
 1085  s. 366.91 and “alternative fuel” means alternative fuel as
 1086  defined in s. 525.01(1)(c) and that is suitable for blending
 1087  with gasoline.
 1088         (e)(d) “Unblended gasoline” means gasoline that has not
 1089  been blended with fuel ethanol and that meets the specifications
 1090  as adopted by the department.
 1091         (5) SALE OF UNBLENDED GASOLINE.—This section does not
 1092  prohibit the sale of unblended gasoline for the uses exempted
 1093  under subsection (3).
 1094         Section 23. The holder of a valid permit or other
 1095  authorization is not required to make a payment to the
 1096  authorizing agency for use of an extension granted under s. 73
 1097  or s. 79 of chapter 2011-139, Laws of Florida, or section 25 of
 1098  this act. This section applies retroactively and is effective as
 1099  of June 2, 2011.
 1100         Section 24. (1) Any building permit or any permit issued by
 1101  the Department of Environmental Protection or by a water
 1102  management district pursuant to part IV of chapter 373, Florida
 1103  Statutes, which has an expiration date from January 1, 2012,
 1104  through January 1, 2014, is extended and renewed for a period of
 1105  2 years after its previously scheduled date of expiration. This
 1106  extension includes any local government-issued development order
 1107  or building permit, including certificates of levels of service.
 1108  This section does not prohibit conversion from the construction
 1109  phase to the operation phase upon completion of construction.
 1110  This extension is in addition to any existing permit extension.
 1111  Extensions granted pursuant to this section; s. 14 of chapter
 1112  2009-96, Laws of Florida, as reauthorized by s. 47 of chapter
 1113  2010-147, Laws of Florida; s. 46 of chapter 2010-147, Laws of
 1114  Florida; or s. 74 or s. 79 of chapter 2011-139, Laws of Florida,
 1115  may not exceed 4 years in total. Further, specific development
 1116  order extensions granted pursuant to s. 380.06(19)(c)2., Florida
 1117  Statutes, may not be further extended by this section.
 1118         (2) The commencement and completion dates for any required
 1119  mitigation associated with a phased construction project shall
 1120  be extended so that mitigation takes place in the same timeframe
 1121  relative to the phase as originally permitted.
 1122         (3) The holder of a valid permit or other authorization
 1123  that is eligible for the 2-year extension under subsection (1)
 1124  must provide the authorizing agency with written notice by
 1125  December 31, 2012, which identifies the specific authorization
 1126  for which the holder intends to use the extension and the
 1127  anticipated timeframe for acting on the authorization.
 1128         (4) The extension under subsection (1) does not apply to:
 1129         (a) A permit or other authorization under any programmatic
 1130  or regional general permit issued by the United States Army
 1131  Corps of Engineers.
 1132         (b) A permit or other authorization held by an owner or
 1133  operator determined to be in significant noncompliance with the
 1134  conditions of the permit or authorization as established through
 1135  the issuance of a warning letter or notice of violation, the
 1136  initiation of formal enforcement, or other equivalent action by
 1137  the authorizing agency.
 1138         (c) A permit or other authorization that, if granted an
 1139  extension, would delay or prevent compliance with a court order.
 1140         (5) Permits extended under this section shall continue to
 1141  be governed by the rules in effect at the time the permit was
 1142  issued, except if it is demonstrated that the rules in effect at
 1143  the time the permit was issued would create an immediate threat
 1144  to public safety or health. This subsection applies to any
 1145  modification of the plans, terms, and conditions of the permit
 1146  which lessens the environmental impact, except that any such
 1147  modification does not extend the time limit beyond 2 additional
 1148  years.
 1149         (6) This section does not impair the authority of a county
 1150  or municipality to require the owner of a property who has
 1151  notified the county or municipality of the owner’s intent to
 1152  receive the extension of time granted pursuant to this section
 1153  to maintain and secure the property in a safe and sanitary
 1154  condition in compliance with applicable laws and ordinances.
 1155         Section 25. This act shall take effect July 1, 2012.