Florida Senate - 2013              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1684
       
       
       
       
       
                                Barcode 721714                          
       
       576-04585-13                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on General Government)
    1                        A bill to be entitled                      
    2         An act relating to environmental regulation; amending
    3         s. 20.255, F.S.; authorizing the Department of
    4         Environmental Protection to adopt rules requiring or
    5         incentivizing the electronic submission of certain
    6         forms, documents, fees, and reports; amending ss.
    7         125.022 and 166.033, F.S.; providing requirements for
    8         the review of development permit applications by
    9         counties and municipalities; amending s. 211.3103,
   10         F.S.; revising the definition of the term “phosphate
   11         related expenses” to include maintenance and
   12         restoration of certain lands; amending s. 253.0345,
   13         F.S.; revising provisions for the duration of leases
   14         and letters of consent issued by the Board of Trustees
   15         of the Internal Improvement Trust Fund for special
   16         events; providing conditions for fees relating to such
   17         leases and letters of consent; creating s. 253.0346,
   18         F.S.; defining the term “first-come, first-served
   19         basis”; providing conditions for the discount and
   20         waiver of lease fees and surcharges for certain
   21         marinas, boatyards, and marine retailers; providing
   22         applicability; amending s. 253.0347, F.S.; providing
   23         exemptions from lease fees for certain lessees;
   24         amending s. 373.118, F.S.; deleting provisions
   25         requiring the department to adopt general permits for
   26         public marina facilities; deleting certain
   27         requirements under general permits for public marina
   28         facilities and mooring fields; limiting the number of
   29         vessels for mooring fields authorized under such
   30         permits; authorizing the department to issue certain
   31         leases; amending s. 373.233, F.S.; clarifying
   32         conditions for competing applications for consumptive
   33         use of water permits; amending s. 373.236, F.S.;
   34         prohibiting water management districts from reducing
   35         certain allocations as a result of activities
   36         involving a new seawater desalination plant that does
   37         not receive funding from a water management district;
   38         providing an exception; amending s. 373.246, F.S.;
   39         allowing the governing board or the department to
   40         notify a permittee by electronic mail of any change in
   41         the condition of his or her permit during a declared
   42         water shortage or emergency; amending s. 373.308,
   43         F.S.; providing that issuance of well permits is the
   44         sole responsibility of water management districts,
   45         delegated local governments, and local county health
   46         departments; prohibiting other local governmental
   47         entities from imposing requirements and fees or
   48         establishing programs for installation and abandonment
   49         of groundwater wells; amending s. 373.323, F.S.;
   50         providing that licenses issued by water management
   51         districts are the only water well contractor licenses
   52         required for location, construction, repair, or
   53         abandonment of water wells; authorizing licensed water
   54         well contractors to install equipment for all water
   55         systems; amending s. 373.406, F.S.; exempting
   56         specified ponds and wetlands from surface water
   57         management and storage requirements; requiring that a
   58         request for an exemption be made within a certain time
   59         period and that activities not begin until such
   60         exemption is made; exempting certain water control
   61         districts from certain wetlands regulation; amending
   62         s. 376.30713, F.S.; increasing maximum costs for
   63         preapproved advanced cleanup in a fiscal year;
   64         amending s. 376.313, F.S.; holding harmless a person
   65         who discharges pollution pursuant to ch. 403, F.S.;
   66         amending s. 403.031, F.S.; defining the term
   67         “beneficiary”; amending s. 403.061, F.S.; authorizing
   68         the department to adopt rules requiring or
   69         incentivizing the electronic submission of certain
   70         forms, documents, fees, and reports; amending s.
   71         403.0872, F.S.; extending the payment deadline of
   72         permit fees for major sources of air pollution and
   73         conforming the date for related notice by the
   74         department; revising provisions for the calculation of
   75         such annual fees; amending s. 403.088, F.S.; revising
   76         conditions for water pollution operation permits;
   77         requiring the department to meet certain standards in
   78         making determinations; amending s. 403.0893, F.S.;
   79         authorizing stormwater utility fees to be charged to
   80         the beneficiaries of the stormwater utility; amending
   81         s. 403.7046, F.S.; providing requirements for the
   82         review of recovered materials dealer registration
   83         applications; providing that a recovered materials
   84         dealer may seek injunctive relief or damages for
   85         certain violations; amending s. 403.813, F.S.;
   86         revising conditions under which certain permits are
   87         not required for seawall restoration projects;
   88         creating s. 403.8141, F.S.; requiring the Department
   89         of Environmental Protection to establish permits for
   90         special events; providing permit requirements;
   91         amending s. 403.973, F.S.; authorizing expedited
   92         permitting for natural gas pipelines, subject to
   93         specified certification; providing that natural gas
   94         pipelines are subject to certain requirements;
   95         ratifying and approving certain leases approved by the
   96         Board of Trustees of the Internal Improvement Trust
   97         Fund; provided findings that the decision to authorize
   98         the use of board of trustees-owned uplands and the use
   99         of those lands as set forth in certain leases is not
  100         contrary to the public interest; providing that
  101         changes made by this act to ss. 403.031 and 403.0893,
  102         F.S., apply only to stormwater utility fees billed on
  103         or after July 1, 2013, to a stormwater utility’s
  104         beneficiary for services provided on or after that
  105         date; providing an effective date.
  106  
  107  Be It Enacted by the Legislature of the State of Florida:
  108  
  109         Section 1. Subsection (8) is added to section 20.255,
  110  Florida Statutes, to read:
  111         20.255 Department of Environmental Protection.—There is
  112  created a Department of Environmental Protection.
  113         (8) The department may adopt rules requiring or
  114  incentivizing electronic submission of forms, documents, fees,
  115  or reports required under chapter 161, chapter 253, chapter 373,
  116  chapter 376, chapter 377, or chapter 403. The rules must
  117  reasonably accommodate technological or financial hardship and
  118  must provide procedures for obtaining an exemption due to such
  119  hardship.
  120         Section 2. Section 125.022, Florida Statutes, is amended to
  121  read:
  122         125.022 Development permits.—
  123         (1) When reviewing an application for a development permit
  124  that is certified by a professional listed in s. 403.0877, a
  125  county may not request additional information from the applicant
  126  more than three times, unless the applicant waives the
  127  limitation in writing. Before a third request for additional
  128  information, the applicant must be offered a meeting to attempt
  129  to resolve outstanding issues. Except as provided in subsection
  130  (4), if the applicant believes the request for additional
  131  information is not authorized by ordinance, rule, statute, or
  132  other legal authority, the county, at the applicant’s request,
  133  shall proceed to process the application for approval or denial.
  134         (2) When a county denies an application for a development
  135  permit, the county shall give written notice to the applicant.
  136  The notice must include a citation to the applicable portions of
  137  an ordinance, rule, statute, or other legal authority for the
  138  denial of the permit.
  139         (3) As used in this section, the term “development permit”
  140  has the same meaning as in s. 163.3164 but does not include
  141  building permits.
  142         (4) For any development permit application filed with the
  143  county after July 1, 2012, a county may not require as a
  144  condition of processing or issuing a development permit that an
  145  applicant obtain a permit or approval from any state or federal
  146  agency unless the agency has issued a final agency action that
  147  denies the federal or state permit before the county action on
  148  the local development permit.
  149         (5) Issuance of a development permit by a county does not
  150  in any way create any rights on the part of the applicant to
  151  obtain a permit from a state or federal agency and does not
  152  create any liability on the part of the county for issuance of
  153  the permit if the applicant fails to obtain requisite approvals
  154  or fulfill the obligations imposed by a state or federal agency
  155  or undertakes actions that result in a violation of state or
  156  federal law. A county may attach such a disclaimer to the
  157  issuance of a development permit and may include a permit
  158  condition that all other applicable state or federal permits be
  159  obtained before commencement of the development.
  160         (6) This section does not prohibit a county from providing
  161  information to an applicant regarding what other state or
  162  federal permits may apply.
  163         Section 3. Section 166.033, Florida Statutes, is amended to
  164  read:
  165         166.033 Development permits.—
  166         (1) When reviewing an application for a development permit
  167  that is certified by a professional listed in s. 403.0877, a
  168  municipality may not request additional information from the
  169  applicant more than three times, unless the applicant waives the
  170  limitation in writing. Before a third request for additional
  171  information, the applicant must be offered a meeting to attempt
  172  to resolve outstanding issues. Except as provided in subsection
  173  (4), if the applicant believes the request for additional
  174  information is not authorized by ordinance, rule, statute, or
  175  other legal authority, the municipality, at the applicant’s
  176  request, shall proceed to process the application for approval
  177  or denial.
  178         (2) When a municipality denies an application for a
  179  development permit, the municipality shall give written notice
  180  to the applicant. The notice must include a citation to the
  181  applicable portions of an ordinance, rule, statute, or other
  182  legal authority for the denial of the permit.
  183         (3) As used in this section, the term “development permit”
  184  has the same meaning as in s. 163.3164 but does not include
  185  building permits.
  186         (4) For any development permit application filed with the
  187  municipality after July 1, 2012, a municipality may not require
  188  as a condition of processing or issuing a development permit
  189  that an applicant obtain a permit or approval from any state or
  190  federal agency unless the agency has issued a final agency
  191  action that denies the federal or state permit before the
  192  municipal action on the local development permit.
  193         (5) Issuance of a development permit by a municipality does
  194  not in any way create any right on the part of an applicant to
  195  obtain a permit from a state or federal agency and does not
  196  create any liability on the part of the municipality for
  197  issuance of the permit if the applicant fails to obtain
  198  requisite approvals or fulfill the obligations imposed by a
  199  state or federal agency or undertakes actions that result in a
  200  violation of state or federal law. A municipality may attach
  201  such a disclaimer to the issuance of development permits and may
  202  include a permit condition that all other applicable state or
  203  federal permits be obtained before commencement of the
  204  development.
  205         (6) 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. Paragraph (c) of subsection (6) of section
  209  211.3103, Florida Statutes is amended to read:
  210         211.3103 Levy of tax on severance of phosphate rock; rate,
  211  basis, and distribution of tax.—
  212         (6)
  213         (c) For purposes of this section, “phosphate-related
  214  expenses” means those expenses that provide for infrastructure
  215  or services in support of the phosphate industry, including
  216  environmental education, reclamation or restoration of phosphate
  217  lands, maintenance and restoration of reclaimed lands and county
  218  owned environmental lands which were formerly phosphate lands,
  219  community infrastructure on such reclaimed lands and county
  220  owned environmental lands which were formerly phosphate lands,
  221  and similar expenses directly related to support of the
  222  industry.
  223         Section 5. Section 253.0345, Florida Statutes, is amended
  224  to read:
  225         253.0345 Special events; submerged land leases.—
  226         (1) The trustees may are authorized to issue leases or
  227  letters of consent consents of use or leases to riparian
  228  landowners, special and event promoters, and boat show owners to
  229  allow the installation of temporary structures, including docks,
  230  moorings, pilings, and access walkways, on sovereign submerged
  231  lands solely for the purpose of facilitating boat shows and
  232  displays in, or adjacent to, established marinas or government
  233  owned government owned upland property. Riparian owners of
  234  adjacent uplands who are not seeking a lease or letter of
  235  consent of use shall be notified by certified mail of any
  236  request for such a lease or letter of consent before of use
  237  prior to approval by the trustees. The trustees shall balance
  238  the interests of any objecting riparian owners with the economic
  239  interests of the public and the state as a factor in determining
  240  whether if a lease or letter of consent of use should be
  241  executed over the objection of adjacent riparian owners. This
  242  section does shall not apply to structures for viewing motorboat
  243  racing, high-speed motorboat contests, or high-speed displays in
  244  waters where manatees are known to frequent.
  245         (2) A lease or letter of consent for a Any special event
  246  under provided for in subsection (1):
  247         (a) Shall be for a period not to exceed 45 30 days and a
  248  duration not to exceed 10 consecutive years.
  249         (b) Shall include a lease fee, if applicable, based solely
  250  on the period and actual size of the preemption and conditions
  251  to allow reconfiguration of temporary structures within the
  252  lease area with notice to the department of the configuration
  253  and size of preemption within the lease area.
  254         (c) The lease or letter of consent of use may also contain
  255  appropriate requirements for removal of the temporary
  256  structures, including the posting of sufficient surety to
  257  guarantee appropriate funds for removal of the structures should
  258  the promoter or riparian owner fail to do so within the time
  259  specified in the agreement.
  260         (3) Nothing in This section does not shall be construed to
  261  allow any lease or letter of consent of use that would result in
  262  harm to the natural resources of the area as a result of the
  263  structures or the activities of the special events agreed to.
  264         Section 6. Section 253.0346, Florida Statutes, is created
  265  to read:
  266         253.0346 Lease of sovereignty submerged lands for marinas,
  267  boatyards, and marine retailers.—
  268         (1) For purposes of this section, the term “first-come,
  269  first-served basis” means the facility operates on state-owned
  270  submerged land for which:
  271         (a) There is not a club membership, stock ownership, equity
  272  interest, or other qualifying requirement.
  273         (b) Rental terms do not exceed 12 months and do not include
  274  automatic renewal rights or conditions.
  275         (2) For marinas that are open to the public on a first
  276  come, first-served basis and for which at least 90 percent of
  277  the slips are open for rent to the public, a discount of 30
  278  percent on the annual lease fee shall apply if dockage rate
  279  sheet publications and dockage advertising clearly state that
  280  slips are open for rent to the public on a first-come, first
  281  served basis.
  282         (3) For a facility designated by the department as a Clean
  283  Marina, Clean Boatyard, or Clean Marine Retailer under the Clean
  284  Marina Program:
  285         (a) A discount of 10 percent on the annual lease fee shall
  286  apply if the facility:
  287         1. Actively maintains designation under the program.
  288         2. Complies with the terms of the lease.
  289         3. Does not change use during the term of the lease.
  290         (b) Extended-term lease surcharges shall be waived if the
  291  facility:
  292         1. Actively maintains designation under the program.
  293         2. Complies with the terms of the lease.
  294         3. Does not change use during the term of the lease.
  295         4. Is available to the public on a first-come, first-served
  296  basis.
  297         (c) If the facility is in arrears on lease fees or fails to
  298  comply with paragraph (b), the facility is not eligible for the
  299  discount or waiver under this subsection until arrears have been
  300  paid and compliance with the program has been met.
  301         (4) This section applies to new leases or amendments to
  302  leases effective after July 1, 2013.
  303         Section 7. Paragraphs (e) and (f) are added to subsection
  304  (2) of section 253.0347, Florida Statutes, to read:
  305         253.0347 Lease of sovereignty submerged lands for private
  306  residential docks and piers.—
  307         (2)
  308         (e) A lessee of sovereignty submerged land for a private
  309  residential single-family dock designed to moor up to four boats
  310  is not required to pay lease fees for a preempted area equal to
  311  or less than 10 times the riparian shoreline along sovereignty
  312  submerged land on the affected waterbody or the square footage
  313  authorized for a private residential single-family dock under
  314  rules adopted by the Board of Trustees of the Internal
  315  Improvement Trust Fund for the management of sovereignty
  316  submerged lands, whichever is greater.
  317         (f) A lessee of sovereignty submerged land for a private
  318  residential multifamily dock designed to moor boats up to the
  319  number of units within the multifamily development is not
  320  required to pay lease fees for a preempted area equal to or less
  321  than 10 times the riparian shoreline along sovereignty submerged
  322  land on the affected waterbody times the number of units with
  323  docks in the private multifamily development.
  324         Section 8. Subsection (4) of section 373.118, Florida
  325  Statutes, is amended to read:
  326         373.118 General permits; delegation.—
  327         (4) The department shall adopt by rule one or more general
  328  permits for local governments to construct, operate, and
  329  maintain public marina facilities, public mooring fields, public
  330  boat ramps, including associated courtesy docks, and associated
  331  parking facilities located in uplands. Such general permits
  332  adopted by rule shall include provisions to ensure compliance
  333  with part IV of this chapter, subsection (1), and the criteria
  334  necessary to include the general permits in a state programmatic
  335  general permit issued by the United States Army Corps of
  336  Engineers under s. 404 of the Clean Water Act, Pub. L. No. 92
  337  500, as amended, 33 U.S.C. ss. 1251 et seq. A facility
  338  authorized under such general permits is exempt from review as a
  339  development of regional impact if the facility complies with the
  340  comprehensive plan of the applicable local government. Such
  341  facilities shall be consistent with the local government manatee
  342  protection plan required pursuant to chapter 379 and shall
  343  obtain Clean Marina Program status prior to opening for
  344  operation and maintain that status for the life of the facility.
  345  Marinas and mooring fields authorized under any such general
  346  permit shall not exceed an area of 50,000 square feet over
  347  wetlands and other surface waters. Mooring fields authorized
  348  under such general permits may not exceed 100 vessels. All
  349  facilities permitted under this section shall be constructed,
  350  maintained, and operated in perpetuity for the exclusive use of
  351  the general public. The Board of Trustees of the Internal
  352  Improvement Trust Fund may delegate to the department authority
  353  to issue leases for mooring fields that meet the requirements of
  354  permits issued under this subsection. The department shall
  355  initiate the rulemaking process within 60 days after the
  356  effective date of this act.
  357         Section 9. Subsection (1) of section 373.233, Florida
  358  Statutes, is amended to read:
  359         373.233 Competing applications.—
  360         (1) If two or more applications that which otherwise comply
  361  with the provisions of this part are pending for a quantity of
  362  water that is inadequate for both or all, or that which for any
  363  other reason are in conflict, and the water management district
  364  or department has deemed the applications complete, the
  365  governing board or the department has shall have the right to
  366  approve or modify the application that which best serves the
  367  public interest.
  368         Section 10. Subsection (4) of section 373.236, Florida
  369  Statutes, is amended to read:
  370         373.236 Duration of permits; compliance reports.—
  371         (4) Where necessary to maintain reasonable assurance that
  372  the conditions for issuance of a 20-year permit can continue to
  373  be met, the governing board or department, in addition to any
  374  conditions required pursuant to s. 373.219, may require a
  375  compliance report by the permittee every 10 years during the
  376  term of a permit. The Suwannee River Water Management District
  377  may require a compliance report by the permittee every 5 years
  378  through July 1, 2015, and thereafter every 10 years during the
  379  term of the permit. This report shall contain sufficient data to
  380  maintain reasonable assurance that the initial conditions for
  381  permit issuance are met. Following review of this report, the
  382  governing board or the department may modify the permit to
  383  ensure that the use meets the conditions for issuance. Permit
  384  modifications pursuant to this subsection are shall not be
  385  subject to competing applications, provided there is no increase
  386  in the permitted allocation or permit duration, and no change in
  387  source, except for changes in source requested by the district.
  388  In order to promote the sustainability of natural systems
  389  through the diversification of water supplies through the
  390  development of seawater desalination plants, a water management
  391  district shall not reduce an existing permitted allocation of
  392  water during the permit term as a result of planned future
  393  construction of, or additional water becoming available from, a
  394  new seawater desalination plant that does not receive funding
  395  from a water management district. Except as expressly provided
  396  herein, nothing in this subsection may shall not be construed to
  397  alter a district’s limit the existing authority of the
  398  department or the governing board to modify or revoke a
  399  consumptive use permit pursuant to chapter 373.
  400         Section 11. Subsection (6) of section 373.246, Florida
  401  Statutes, is amended to read:
  402         373.246 Declaration of water shortage or emergency.—
  403         (6) The governing board or the department shall notify each
  404  permittee in the district by electronic mail or regular mail of
  405  any change in the condition of his or her permit or any
  406  suspension of his or her permit or of any other restriction on
  407  the permittee’s use of water for the duration of the water
  408  shortage.
  409         Section 12. Subsection (1) of section 373.308, Florida
  410  Statutes, is amended to read:
  411         373.308 Implementation of programs for regulating water
  412  wells.—
  413         (1) The department shall authorize the governing board of a
  414  water management district to implement a program for the
  415  issuance of permits for the location, construction, repair, and
  416  abandonment of water wells. Upon authorization from the
  417  department, issuance of well permits will be the sole
  418  responsibility of the water management district, delegated local
  419  government, or local county health department. Other local
  420  governmental entities may not impose additional or duplicate
  421  requirements or fees or establish a separate program for the
  422  permitting of the location, abandonment, boring, or other
  423  activities reasonably associated with the installation and
  424  abandonment of a groundwater well.
  425         Section 13. Subsections (1) and (10) of section 373.323,
  426  Florida Statutes, are amended to read:
  427         373.323 Licensure of water well contractors; application,
  428  qualifications, and examinations; equipment identification.—
  429  (1) Every person who wishes to engage in business as a water
  430  well contractor shall obtain from the water management district
  431  a license to conduct such business. Licensure under this part by
  432  a water management district shall be the only water well
  433  contractor license required for the location, construction,
  434  repair, or abandonment of water wells in the state or any
  435  political subdivision thereof.
  436         (10) Water well contractors licensed under this section may
  437  install, repair, and modify pumps and tanks in accordance with
  438  the Florida Building Code, Plumbing; Section 612—Wells pumps and
  439  tanks used for private potable water systems. In addition,
  440  licensed water well contractors may install pumps, tanks, and
  441  water conditioning equipment for all water well systems.
  442         Section 14. Subsections (13) through (15) are added to
  443  section 373.406, Florida Statutes, to read:
  444         373.406 Exemptions.—The following exemptions shall apply:
  445         (13) Nothing in this part, or in any rule, regulation, or
  446  order adopted pursuant to this part, applies to the
  447  construction, alteration, operation, or maintenance of any
  448  wholly owned, manmade, excavated farm ponds, as defined in s.
  449  403.927, constructed entirely in uplands. Alteration or
  450  maintenance may not involve any work to connect the farm pond
  451  to, or expand the farm pond into, other wetlands or other
  452  surface waters.
  453         (14) Nothing in this part, or in any rule, regulation, or
  454  order adopted pursuant to this part, may require a permit for
  455  activities affecting wetlands created solely by the unauthorized
  456  flooding or interference with the natural flow of surface water
  457  caused by an unaffiliated adjoining landowner. Requests to
  458  qualify for this exemption must be made within 7 years after the
  459  cause of such unauthorized flooding or unauthorized interference
  460  with the natural flow of surface water and must be submitted in
  461  writing to the district or department. Such activities may not
  462  begin without a written determination from the district or
  463  department confirming that the activity qualifies for the
  464  exemption. This exemption does not expand the jurisdiction of
  465  the department or water management districts and does not apply
  466  to activities that discharge dredged or fill material into
  467  waters of the United States, including wetlands, subject to
  468  federal jurisdiction under section 404 of the Clean Water Act,
  469  33 U.S.C. s. 1344.
  470         (15) Any independent water control district created and
  471  operating pursuant to chapter 298 for which a valid
  472  environmental resource permit or management and storage of
  473  surface waters permit has been issued pursuant to this part is
  474  exempt from further wetlands regulations imposed pursuant to
  475  chapters 125, 163, and 166.
  476         Section 15. Subsection (4) of section 376.30713, Florida
  477  Statutes, is amended to read:
  478         376.30713 Preapproved advanced cleanup.—
  479         (4) The department is authorized to enter into contracts
  480  contract for a total of up to $15 $10 million of preapproved
  481  advanced cleanup work in each fiscal year. However, no facility
  482  shall be preapproved for more than $5 million $500,000 of
  483  cleanup activity in each fiscal year. For the purposes of this
  484  section the term “facility” shall include, but not be limited
  485  to, multiple site facilities such as airports, port facilities,
  486  and terminal facilities even though such enterprises may be
  487  treated as separate facilities for other purposes under this
  488  chapter.
  489         Section 16. Subsection (3) of section 376.313, Florida
  490  Statutes, is amended to read:
  491         376.313 Nonexclusiveness of remedies and individual cause
  492  of action for damages under ss. 376.30-376.317.—
  493         (3) Except as provided in s. 376.3078(3) and (11), nothing
  494  contained in ss. 376.30-376.317 prohibits any person from
  495  bringing a cause of action in a court of competent jurisdiction
  496  for all damages resulting from a discharge or other condition of
  497  pollution covered by ss. 376.30-376.317 which was not authorized
  498  pursuant to chapter 403. Nothing in this chapter shall prohibit
  499  or diminish a party’s right to contribution from other parties
  500  jointly or severally liable for a prohibited discharge of
  501  pollutants or hazardous substances or other pollution
  502  conditions. Except as otherwise provided in subsection (4) or
  503  subsection (5), in any such suit, it is not necessary for such
  504  person to plead or prove negligence in any form or manner. Such
  505  person need only plead and prove the fact of the prohibited
  506  discharge or other pollutive condition and that it has occurred.
  507  The only defenses to such cause of action shall be those
  508  specified in s. 376.308.
  509         Section 17. Subsection (22) is added to section 403.031,
  510  Florida Statutes, to read:
  511         403.031 Definitions.—In construing this chapter, or rules
  512  and regulations adopted pursuant hereto, the following words,
  513  phrases, or terms, unless the context otherwise indicates, have
  514  the following meanings:
  515         (22) “Beneficiary” means any person, partnership,
  516  corporation, business entity, charitable organization, not-for
  517  profit corporation, state, county, district, authority, or
  518  municipal unit of government or any other separate unit of
  519  government created or established by law.
  520         Section 18. Subsection (43) is added to section 403.061,
  521  Florida Statutes, to read:
  522         403.061 Department; powers and duties.—The department shall
  523  have the power and the duty to control and prohibit pollution of
  524  air and water in accordance with the law and rules adopted and
  525  promulgated by it and, for this purpose, to:
  526         (43) Adopt rules requiring or incentivizing the electronic
  527  submission of forms, documents, fees, or reports required under
  528  chapter 161, chapter 253, chapter 373, chapter 376, chapter 377,
  529  or this chapter. The rules must reasonably accommodate
  530  technological or financial hardship and provide procedures for
  531  obtaining an exemption due to such hardship.
  532  
  533  The department shall implement such programs in conjunction with
  534  its other powers and duties and shall place special emphasis on
  535  reducing and eliminating contamination that presents a threat to
  536  humans, animals or plants, or to the environment.
  537         Section 19. Paragraph (a) of subsection (11) of section
  538  403.0872, Florida Statutes, is amended to read:
  539         403.0872 Operation permits for major sources of air
  540  pollution; annual operation license fee.—Provided that program
  541  approval pursuant to 42 U.S.C. s. 7661a has been received from
  542  the United States Environmental Protection Agency, beginning
  543  January 2, 1995, each major source of air pollution, including
  544  electrical power plants certified under s. 403.511, must obtain
  545  from the department an operation permit for a major source of
  546  air pollution under this section. This operation permit is the
  547  only department operation permit for a major source of air
  548  pollution required for such source; provided, at the applicant’s
  549  request, the department shall issue a separate acid rain permit
  550  for a major source of air pollution that is an affected source
  551  within the meaning of 42 U.S.C. s. 7651a(1). Operation permits
  552  for major sources of air pollution, except general permits
  553  issued pursuant to s. 403.814, must be issued in accordance with
  554  the procedures contained in this section and in accordance with
  555  chapter 120; however, to the extent that chapter 120 is
  556  inconsistent with the provisions of this section, the procedures
  557  contained in this section prevail.
  558         (11) Each major source of air pollution permitted to
  559  operate in this state must pay between January 15 and April
  560  March 1 of each year, upon written notice from the department,
  561  an annual operation license fee in an amount determined by
  562  department rule. The annual operation license fee shall be
  563  terminated immediately in the event the United States
  564  Environmental Protection Agency imposes annual fees solely to
  565  implement and administer the major source air-operation permit
  566  program in Florida under 40 C.F.R. s. 70.10(d).
  567         (a) The annual fee must be assessed based upon the source’s
  568  previous year’s emissions and must be calculated by multiplying
  569  the applicable annual operation license fee factor times the
  570  tons of each regulated air pollutant actually emitted, as
  571  calculated in accordance with the department’s emissions
  572  computation and reporting rules. The annual fee shall apply only
  573  to those regulated pollutants, except carbon monoxide and
  574  greenhouse gases, for which an allowable numeric emission
  575  limiting standard is specified in (except carbon monoxide)
  576  allowed to be emitted per hour by specific condition of the
  577  source’s most recent construction or operation permit, times the
  578  annual hours of operation allowed by permit condition; provided,
  579  however, that:
  580         1. The license fee factor is $25 or another amount
  581  determined by department rule which ensures that the revenue
  582  provided by each year’s operation license fees is sufficient to
  583  cover all reasonable direct and indirect costs of the major
  584  stationary source air-operation permit program established by
  585  this section. The license fee factor may be increased beyond $25
  586  only if the secretary of the department affirmatively finds that
  587  a shortage of revenue for support of the major stationary source
  588  air-operation permit program will occur in the absence of a fee
  589  factor adjustment. The annual license fee factor may never
  590  exceed $35.
  591         2. For any source that operates for fewer hours during the
  592  calendar year than allowed under its permit, the annual fee
  593  calculation must be based upon actual hours of operation rather
  594  than allowable hours if the owner or operator of the source
  595  documents the source’s actual hours of operation for the
  596  calendar year. For any source that has an emissions limit that
  597  is dependent upon the type of fuel burned, the annual fee
  598  calculation must be based on the emissions limit applicable
  599  during actual hours of operation.
  600         3. For any source whose allowable emission limitation is
  601  specified by permit per units of material input or heat input or
  602  product output, the applicable input or production amount may be
  603  used to calculate the allowable emissions if the owner or
  604  operator of the source documents the actual input or production
  605  amount. If the input or production amount is not documented, the
  606  maximum allowable input or production amount specified in the
  607  permit must be used to calculate the allowable emissions.
  608         4. For any new source that does not receive its first
  609  operation permit until after the beginning of a calendar year,
  610  the annual fee for the year must be reduced pro rata to reflect
  611  the period during which the source was not allowed to operate.
  612         5. For any source that emits less of any regulated air
  613  pollutant than allowed by permit condition, the annual fee
  614  calculation for such pollutant must be based upon actual
  615  emissions rather than allowable emissions if the owner or
  616  operator documents the source’s actual emissions by means of
  617  data from a department-approved certified continuous emissions
  618  monitor or from an emissions monitoring method which has been
  619  approved by the United States Environmental Protection Agency
  620  under the regulations implementing 42 U.S.C. ss. 7651 et seq.,
  621  or from a method approved by the department for purposes of this
  622  section.
  623         2.6. The amount of each regulated air pollutant in excess
  624  of 4,000 tons per year allowed to be emitted by any source, or
  625  group of sources belonging to the same Major Group as described
  626  in the Standard Industrial Classification Manual, 1987, may not
  627  be included in the calculation of the fee. Any source, or group
  628  of sources, which does not emit any regulated air pollutant in
  629  excess of 4,000 tons per year, is allowed a one-time credit not
  630  to exceed 25 percent of the first annual licensing fee for the
  631  prorated portion of existing air-operation permit application
  632  fees remaining upon commencement of the annual licensing fees.
  633         3.7. If the department has not received the fee by March 1
  634  February 15 of the calendar year, the permittee must be sent a
  635  written warning of the consequences for failing to pay the fee
  636  by April March 1. If the fee is not postmarked by April March 1
  637  of the calendar year, the department shall impose, in addition
  638  to the fee, a penalty of 50 percent of the amount of the fee,
  639  plus interest on such amount computed in accordance with s.
  640  220.807. The department may not impose such penalty or interest
  641  on any amount underpaid, provided that the permittee has timely
  642  remitted payment of at least 90 percent of the amount determined
  643  to be due and remits full payment within 60 days after receipt
  644  of notice of the amount underpaid. The department may waive the
  645  collection of underpayment and shall not be required to refund
  646  overpayment of the fee, if the amount due is less than 1 percent
  647  of the fee, up to $50. The department may revoke any major air
  648  pollution source operation permit if it finds that the
  649  permitholder has failed to timely pay any required annual
  650  operation license fee, penalty, or interest.
  651         4.8. Notwithstanding the computational provisions of this
  652  subsection, the annual operation license fee for any source
  653  subject to this section shall not be less than $250, except that
  654  the annual operation license fee for sources permitted solely
  655  through general permits issued under s. 403.814 shall not exceed
  656  $50 per year.
  657         5.9. Notwithstanding the provisions of s.
  658  403.087(6)(a)5.a., authorizing air pollution construction permit
  659  fees, the department may not require such fees for changes or
  660  additions to a major source of air pollution permitted pursuant
  661  to this section, unless the activity triggers permitting
  662  requirements under Title I, Part C or Part D, of the federal
  663  Clean Air Act, 42 U.S.C. ss. 7470-7514a. Costs to issue and
  664  administer such permits shall be considered direct and indirect
  665  costs of the major stationary source air-operation permit
  666  program under s. 403.0873. The department shall, however,
  667  require fees pursuant to the provisions of s. 403.087(6)(a)5.a.
  668  for the construction of a new major source of air pollution that
  669  will be subject to the permitting requirements of this section
  670  once constructed and for activities triggering permitting
  671  requirements under Title I, Part C or Part D, of the federal
  672  Clean Air Act, 42 U.S.C. ss. 7470-7514a.
  673         Section 20. Paragraph (b) of subsection (2) of section
  674  403.088, Florida Statutes, is amended to read:
  675         403.088 Water pollution operation permits; conditions.—
  676         (2)
  677         (b)1. If the department finds that the proposed discharge
  678  will reduce the quality of the receiving waters below the
  679  classification established for them, it shall deny the
  680  application and refuse to issue a permit. The department may not
  681  use the results from a field procedure or laboratory method to
  682  make such a finding or to determine facility compliance unless
  683  the field procedure or laboratory method has been adopted by
  684  rule or noticed and approved by department order pursuant to
  685  department rule. Field procedures and laboratory methods must
  686  satisfy the quality assurance requirements of department rule
  687  and must produce data of known and verifiable quality. The
  688  results of field procedures and laboratory methods shall be
  689  evaluated for sources of uncertainty to assure suitability for
  690  the intended purposes as properly documented with each procedure
  691  or method.
  692         2. If the department finds that the proposed discharge will
  693  not reduce the quality of the receiving waters below the
  694  classification established for them, it may issue an operation
  695  permit if it finds that such degradation is necessary or
  696  desirable under federal standards and under circumstances which
  697  are clearly in the public interest.
  698         Section 21. Section 403.0893, Florida Statutes, is amended
  699  to read:
  700         403.0893 Stormwater funding; dedicated funds for stormwater
  701  management.—In addition to any other funding mechanism legally
  702  available to local government to construct, operate, or maintain
  703  stormwater systems, a county or municipality may:
  704         (1) Create one or more stormwater utilities and adopt
  705  stormwater utility fees sufficient to plan, construct, operate,
  706  and maintain stormwater management systems set out in the local
  707  program required pursuant to s. 403.0891(3). Stormwater utility
  708  fees adopted pursuant to this subsection may be charged to the
  709  beneficiaries of a stormwater utility. If stormwater utility
  710  fees charged to a beneficiary of a stormwater utility are not
  711  paid when due, the county or municipality may file suit in a
  712  court of competent jurisdiction or utilize any lawful method to
  713  collect delinquent fees;
  714         (2) Establish and set aside, as a continuing source of
  715  revenue, other funds sufficient to plan, construct, operate, and
  716  maintain stormwater management systems set out in the local
  717  program required pursuant to s. 403.0891(3); or
  718         (3) Create, alone or in cooperation with counties,
  719  municipalities, and special districts pursuant to the Interlocal
  720  Cooperation Act, s. 163.01, one or more stormwater management
  721  system benefit areas. All property owners within said area may
  722  be assessed a per acreage fee to fund the planning,
  723  construction, operation, maintenance, and administration of a
  724  public stormwater management system for the benefited area. Any
  725  benefit area containing different land uses which receive
  726  substantially different levels of stormwater benefits shall
  727  include stormwater management system benefit subareas which
  728  shall be assessed different per acreage fees from subarea to
  729  subarea based upon a reasonable relationship to benefits
  730  received. The fees shall be calculated to generate sufficient
  731  funds to plan, construct, operate, and maintain stormwater
  732  management systems called for in the local program required
  733  pursuant to s. 403.0891(3). For fees assessed pursuant to this
  734  section, counties or municipalities may use the non-ad valorem
  735  levy, collection, and enforcement method as provided for in
  736  chapter 197.
  737         Section 22. Paragraph (b) of subsection (3) of section
  738  403.7046, Florida Statutes, is amended, and subsection (4) is
  739  added to that section, to read:
  740         403.7046 Regulation of recovered materials.—
  741         (3) Except as otherwise provided in this section or
  742  pursuant to a special act in effect on or before January 1,
  743  1993, a local government may not require a commercial
  744  establishment that generates source-separated recovered
  745  materials to sell or otherwise convey its recovered materials to
  746  the local government or to a facility designated by the local
  747  government, nor may the local government restrict such a
  748  generator’s right to sell or otherwise convey such recovered
  749  materials to any properly certified recovered materials dealer
  750  who has satisfied the requirements of this section. A local
  751  government may not enact any ordinance that prevents such a
  752  dealer from entering into a contract with a commercial
  753  establishment to purchase, collect, transport, process, or
  754  receive source-separated recovered materials.
  755         (b) Before Prior to engaging in business within the
  756  jurisdiction of the local government, a recovered materials
  757  dealer must provide the local government with a copy of the
  758  certification provided for in this section. In addition, the
  759  local government may establish a registration process whereby a
  760  recovered materials dealer must register with the local
  761  government before prior to engaging in business within the
  762  jurisdiction of the local government. Such registration process
  763  is limited to requiring the dealer to register its name,
  764  including the owner or operator of the dealer, and, if the
  765  dealer is a business entity, its general or limited partners,
  766  its corporate officers and directors, its permanent place of
  767  business, evidence of its certification under this section, and
  768  a certification that the recovered materials will be processed
  769  at a recovered materials processing facility satisfying the
  770  requirements of this section. A local government may not use the
  771  registration information to compete with the recovered materials
  772  dealer until 90 days after the registration information is
  773  submitted. All counties, and municipalities whose population
  774  exceeds 35,000 according to the population estimates determined
  775  pursuant to s. 186.901, may establish a reporting process which
  776  shall be limited to the regulations, reporting format, and
  777  reporting frequency established by the department pursuant to
  778  this section, which shall, at a minimum, include requiring the
  779  dealer to identify the types and approximate amount of recovered
  780  materials collected, recycled, or reused during the reporting
  781  period; the approximate percentage of recovered materials
  782  reused, stored, or delivered to a recovered materials processing
  783  facility or disposed of in a solid waste disposal facility; and
  784  the locations where any recovered materials were disposed of as
  785  solid waste. Information reported under this subsection which,
  786  if disclosed, would reveal a trade secret, as defined in s.
  787  812.081(1)(c), is confidential and exempt from the provisions of
  788  s. 24(a), Art. I of the State Constitution and s. 119.07(1). The
  789  local government may charge the dealer a registration fee
  790  commensurate with and no greater than the cost incurred by the
  791  local government in operating its registration program.
  792  Registration program costs are limited to those costs associated
  793  with the activities described in this paragraph. Any reporting
  794  or registration process established by a local government with
  795  regard to recovered materials shall be governed by the
  796  provisions of this section and department rules adopted
  797  promulgated pursuant thereto.
  798         (4) A recovered materials dealer, or an association whose
  799  members include recovered materials dealers, may initiate an
  800  action for injunctive relief or damages for alleged violations
  801  of this section. The court may award to the prevailing party or
  802  parties reasonable attorney fees and costs.
  803         Section 23. Paragraph (e) of subsection (1) of section
  804  403.813, Florida Statutes, is amended to read:
  805         403.813 Permits issued at district centers; exceptions.—
  806         (1) A permit is not required under this chapter, chapter
  807  373, chapter 61-691, Laws of Florida, or chapter 25214 or
  808  chapter 25270, 1949, Laws of Florida, for activities associated
  809  with the following types of projects; however, except as
  810  otherwise provided in this subsection, nothing in this
  811  subsection relieves an applicant from any requirement to obtain
  812  permission to use or occupy lands owned by the Board of Trustees
  813  of the Internal Improvement Trust Fund or any water management
  814  district in its governmental or proprietary capacity or from
  815  complying with applicable local pollution control programs
  816  authorized under this chapter or other requirements of county
  817  and municipal governments:
  818         (e) The restoration of seawalls at their previous locations
  819  or upland of, or within 18 inches 1 foot waterward of, their
  820  previous locations. However, this shall not affect the
  821  permitting requirements of chapter 161, and department rules
  822  shall clearly indicate that this exception does not constitute
  823  an exception from the permitting requirements of chapter 161.
  824         Section 24. Section 403.8141, Florida Statutes, is created
  825  to read:
  826         403.8141 Special event permits.—The department shall issue
  827  permits for special events under s. 253.0345. The permits must
  828  be for a period that runs concurrently with the lease or letter
  829  of consent issued pursuant to s. 253.0345 and must allow for the
  830  movement of temporary structures within the footprint of the
  831  lease area.
  832         Section 25. Paragraph (b) of subsection (14) and paragraph
  833  (b) of subsection (19) of section 403.973, Florida Statutes, are
  834  amended, and paragraph (g) is added to subsection (3) of that
  835  section, to read:
  836         403.973 Expedited permitting; amendments to comprehensive
  837  plans.—
  838         (3)
  839         (g) Projects to construct interstate natural gas pipelines
  840  subject to certification by the Federal Energy Regulatory
  841  Commission are eligible for the expedited permitting process.
  842         (14)
  843         (b) Projects identified in paragraph (3)(f) or paragraph
  844  (3)(g) or challenges to state agency action in the expedited
  845  permitting process for establishment of a state-of-the-art
  846  biomedical research institution and campus in this state by the
  847  grantee under s. 288.955 are subject to the same requirements as
  848  challenges brought under paragraph (a), except that,
  849  notwithstanding s. 120.574, summary proceedings must be
  850  conducted within 30 days after a party files the motion for
  851  summary hearing, regardless of whether the parties agree to the
  852  summary proceeding.
  853         (19) The following projects are ineligible for review under
  854  this part:
  855         (b) A project, the primary purpose of which is to:
  856         1. Effect the final disposal of solid waste, biomedical
  857  waste, or hazardous waste in this state.
  858         2. Produce electrical power, unless the production of
  859  electricity is incidental and not the primary function of the
  860  project or the electrical power is derived from a fuel source
  861  for renewable energy as defined in s. 366.91(2)(d).
  862         3. Extract natural resources.
  863         4. Produce oil.
  864         5. Construct, maintain, or operate an oil, petroleum,
  865  natural gas, or sewage pipeline.
  866         Section 26. (1) The Legislature ratifies and approves the
  867  actions of the Board of Trustees of the Internal Improvement
  868  Trust Fund regarding lease numbers 1447, 1971S, 3420, 3433, and
  869  3543, and lease numbers 3422 and 1935/1935-S as approved on
  870  January 23, 2013, subject to the terms and conditions
  871  established by the board of trustees as approved on January 23,
  872  2013.
  873         (2) The Legislature finds that the decision to authorize
  874  the use of board of trustees-owned uplands and the use of those
  875  lands as set forth in the leases is not contrary to the public
  876  interest; that it is in the public interest to waive the
  877  competitive bid process; that the leases are not standard
  878  agricultural leases; and that such leases should be amended on
  879  the terms and conditions as approved by the board of trustees.
  880         (3) Notwithstanding any other provision of law, the
  881  Legislature finds that the lease amendments and extensions
  882  approved by the board of trustees are necessary for Everglades
  883  restoration purposes, are in the public interest, and provide
  884  the greatest combination of benefits to the public.
  885         Section 27. The changes made by this act to ss. 403.031 and
  886  403.0893 apply only to stormwater utility fees billed on or
  887  after July 1, 2013, to a beneficiary of a stormwater utility for
  888  services provided on or after that date.
  889         Section 28. This act shall take effect July 1, 2013.