Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. CS for SB 1684
Barcode 736210
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/17/2013 .
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Appropriations Subcommittee on General Government (Simpson)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (8) is added to section 20.255,
6 Florida Statutes, to read:
7 20.255 Department of Environmental Protection.—There is
8 created a Department of Environmental Protection.
9 (8) The department may adopt rules requiring or
10 incentivizing electronic submission of forms, documents, fees,
11 or reports required under chapter 161, chapter 253, chapter 373,
12 chapter 376, chapter 377, or chapter 403. The rules must
13 reasonably accommodate technological or financial hardship and
14 must provide procedures for obtaining an exemption due to such
15 hardship.
16 Section 2. Section 125.022, Florida Statutes, is amended to
17 read:
18 125.022 Development permits.—
19 (1) When reviewing an application for a development permit
20 that is certified by a professional listed in s. 403.0877, a
21 county may not request additional information from the applicant
22 more than three times, unless the applicant waives the
23 limitation in writing. Before a third request for additional
24 information, the applicant must be offered a meeting to attempt
25 to resolve outstanding issues. Except as provided in subsection
26 (4), if the applicant believes the request for additional
27 information is not authorized by ordinance, rule, statute, or
28 other legal authority, the county, at the applicant’s request,
29 shall proceed to process the application for approval or denial.
30 (2) When a county denies an application for a development
31 permit, the county shall give written notice to the applicant.
32 The notice must include a citation to the applicable portions of
33 an ordinance, rule, statute, or other legal authority for the
34 denial of the permit.
35 (3) As used in this section, the term “development permit”
36 has the same meaning as in s. 163.3164 but does not include
37 building permits.
38 (4) For any development permit application filed with the
39 county after July 1, 2012, a county may not require as a
40 condition of processing or issuing a development permit that an
41 applicant obtain a permit or approval from any state or federal
42 agency unless the agency has issued a final agency action that
43 denies the federal or state permit before the county action on
44 the local development permit.
45 (5) Issuance of a development permit by a county does not
46 in any way create any rights on the part of the applicant to
47 obtain a permit from a state or federal agency and does not
48 create any liability on the part of the county for issuance of
49 the permit if the applicant fails to obtain requisite approvals
50 or fulfill the obligations imposed by a state or federal agency
51 or undertakes actions that result in a violation of state or
52 federal law. A county may attach such a disclaimer to the
53 issuance of a development permit and may include a permit
54 condition that all other applicable state or federal permits be
55 obtained before commencement of the development.
56 (6) This section does not prohibit a county from providing
57 information to an applicant regarding what other state or
58 federal permits may apply.
59 Section 3. Section 166.033, Florida Statutes, is amended to
60 read:
61 166.033 Development permits.—
62 (1) When reviewing an application for a development permit
63 that is certified by a professional listed in s. 403.0877, a
64 municipality may not request additional information from the
65 applicant more than three times, unless the applicant waives the
66 limitation in writing. Before a third request for additional
67 information, the applicant must be offered a meeting to attempt
68 to resolve outstanding issues. Except as provided in subsection
69 (4), if the applicant believes the request for additional
70 information is not authorized by ordinance, rule, statute, or
71 other legal authority, the municipality, at the applicant’s
72 request, shall proceed to process the application for approval
73 or denial.
74 (2) When a municipality denies an application for a
75 development permit, the municipality shall give written notice
76 to the applicant. The notice must include a citation to the
77 applicable portions of an ordinance, rule, statute, or other
78 legal authority for the denial of the permit.
79 (3) As used in this section, the term “development permit”
80 has the same meaning as in s. 163.3164 but does not include
81 building permits.
82 (4) For any development permit application filed with the
83 municipality after July 1, 2012, a municipality may not require
84 as a condition of processing or issuing a development permit
85 that an applicant obtain a permit or approval from any state or
86 federal agency unless the agency has issued a final agency
87 action that denies the federal or state permit before the
88 municipal action on the local development permit.
89 (5) Issuance of a development permit by a municipality does
90 not in any way create any right on the part of an applicant to
91 obtain a permit from a state or federal agency and does not
92 create any liability on the part of the municipality for
93 issuance of the permit if the applicant fails to obtain
94 requisite approvals or fulfill the obligations imposed by a
95 state or federal agency or undertakes actions that result in a
96 violation of state or federal law. A municipality may attach
97 such a disclaimer to the issuance of development permits and may
98 include a permit condition that all other applicable state or
99 federal permits be obtained before commencement of the
100 development.
101 (6) This section does not prohibit a municipality from
102 providing information to an applicant regarding what other state
103 or federal permits may apply.
104 Section 4. Paragraph (c) of subsection (6) of section
105 211.3103, Florida Statutes is amended to read:
106 211.3103 Levy of tax on severance of phosphate rock; rate,
107 basis, and distribution of tax.—
108 (6)
109 (c) For purposes of this section, “phosphate-related
110 expenses” means those expenses that provide for infrastructure
111 or services in support of the phosphate industry, including
112 environmental education, reclamation or restoration of phosphate
113 lands, maintenance and restoration of reclaimed lands and county
114 owned environmental lands which were formerly phosphate lands,
115 community infrastructure on such reclaimed lands and county
116 owned environmental lands which were formerly phosphate lands,
117 and similar expenses directly related to support of the
118 industry.
119 Section 5. Section 253.0345, Florida Statutes, is amended
120 to read:
121 253.0345 Special events; submerged land leases.—
122 (1) The trustees may are authorized to issue leases or
123 letters of consent consents of use or leases to riparian
124 landowners, special and event promoters, and boat show owners to
125 allow the installation of temporary structures, including docks,
126 moorings, pilings, and access walkways, on sovereign submerged
127 lands solely for the purpose of facilitating boat shows and
128 displays in, or adjacent to, established marinas or government
129 owned government owned upland property. Riparian owners of
130 adjacent uplands who are not seeking a lease or letter of
131 consent of use shall be notified by certified mail of any
132 request for such a lease or letter of consent before of use
133 prior to approval by the trustees. The trustees shall balance
134 the interests of any objecting riparian owners with the economic
135 interests of the public and the state as a factor in determining
136 whether if a lease or letter of consent of use should be
137 executed over the objection of adjacent riparian owners. This
138 section does shall not apply to structures for viewing motorboat
139 racing, high-speed motorboat contests, or high-speed displays in
140 waters where manatees are known to frequent.
141 (2) A lease or letter of consent for a Any special event
142 under provided for in subsection (1):
143 (a) Shall be for a period not to exceed 45 30 days and a
144 duration not to exceed 10 consecutive years.
145 (b) Shall include a lease fee, if applicable, based solely
146 on the period and actual size of the preemption and conditions
147 to allow reconfiguration of temporary structures within the
148 lease area with notice to the department of the configuration
149 and size of preemption within the lease area.
150 (c) The lease or letter of consent of use may also contain
151 appropriate requirements for removal of the temporary
152 structures, including the posting of sufficient surety to
153 guarantee appropriate funds for removal of the structures should
154 the promoter or riparian owner fail to do so within the time
155 specified in the agreement.
156 (3) Nothing in This section does not shall be construed to
157 allow any lease or letter of consent of use that would result in
158 harm to the natural resources of the area as a result of the
159 structures or the activities of the special events agreed to.
160 Section 6. Section 253.0346, Florida Statutes, is created
161 to read:
162 253.0346 Lease of sovereignty submerged lands for marinas,
163 boatyards, and marine retailers.—
164 (1) For purposes of this section, the term “first-come,
165 first-served basis” means the facility operates on state-owned
166 submerged land for which:
167 (a) There is not a club membership, stock ownership, equity
168 interest, or other qualifying requirement.
169 (b) Rental terms do not exceed 12 months and do not include
170 automatic renewal rights or conditions.
171 (2) For marinas that are open to the public on a first
172 come, first-served basis and for which at least 90 percent of
173 the slips are open for rent to the public, a discount of 30
174 percent on the annual lease fee shall apply if dockage rate
175 sheet publications and dockage advertising clearly state that
176 slips are open for rent to the public on a first-come, first
177 served basis.
178 (3) For a facility designated by the department as a Clean
179 Marina, Clean Boatyard, or Clean Marine Retailer under the Clean
180 Marina Program:
181 (a) A discount of 10 percent on the annual lease fee shall
182 apply if the facility:
183 1. Actively maintains designation under the program.
184 2. Complies with the terms of the lease.
185 3. Does not change use during the term of the lease.
186 (b) Extended-term lease surcharges shall be waived if the
187 facility:
188 1. Actively maintains designation under the program.
189 2. Complies with the terms of the lease.
190 3. Does not change use during the term of the lease.
191 4. Is available to the public on a first-come, first-served
192 basis.
193 (c) If the facility is in arrears on lease fees or fails to
194 comply with paragraph (b), the facility is not eligible for the
195 discount or waiver under this subsection until arrears have been
196 paid and compliance with the program has been met.
197 (4) This section applies to new leases or amendments to
198 leases effective after July 1, 2013.
199 Section 7. Paragraphs (e) and (f) are added to subsection
200 (2) of section 253.0347, Florida Statutes, to read:
201 253.0347 Lease of sovereignty submerged lands for private
202 residential docks and piers.—
203 (2)
204 (e) A lessee of sovereignty submerged land for a private
205 residential single-family dock designed to moor up to four boats
206 is not required to pay lease fees for a preempted area equal to
207 or less than 10 times the riparian shoreline along sovereignty
208 submerged land on the affected waterbody or the square footage
209 authorized for a private residential single-family dock under
210 rules adopted by the Board of Trustees of the Internal
211 Improvement Trust Fund for the management of sovereignty
212 submerged lands, whichever is greater.
213 (f) A lessee of sovereignty submerged land for a private
214 residential multifamily dock designed to moor boats up to the
215 number of units within the multifamily development is not
216 required to pay lease fees for a preempted area equal to or less
217 than 10 times the riparian shoreline along sovereignty submerged
218 land on the affected waterbody times the number of units with
219 docks in the private multifamily development.
220 Section 8. Subsection (4) of section 373.118, Florida
221 Statutes, is amended to read:
222 373.118 General permits; delegation.—
223 (4) The department shall adopt by rule one or more general
224 permits for local governments to construct, operate, and
225 maintain public marina facilities, public mooring fields, public
226 boat ramps, including associated courtesy docks, and associated
227 parking facilities located in uplands. Such general permits
228 adopted by rule shall include provisions to ensure compliance
229 with part IV of this chapter, subsection (1), and the criteria
230 necessary to include the general permits in a state programmatic
231 general permit issued by the United States Army Corps of
232 Engineers under s. 404 of the Clean Water Act, Pub. L. No. 92
233 500, as amended, 33 U.S.C. ss. 1251 et seq. A facility
234 authorized under such general permits is exempt from review as a
235 development of regional impact if the facility complies with the
236 comprehensive plan of the applicable local government. Such
237 facilities shall be consistent with the local government manatee
238 protection plan required pursuant to chapter 379 and shall
239 obtain Clean Marina Program status prior to opening for
240 operation and maintain that status for the life of the facility.
241 Marinas and mooring fields authorized under any such general
242 permit shall not exceed an area of 50,000 square feet over
243 wetlands and other surface waters. Mooring fields authorized
244 under such general permits may not exceed 100 vessels. All
245 facilities permitted under this section shall be constructed,
246 maintained, and operated in perpetuity for the exclusive use of
247 the general public. The Board of Trustees of the Internal
248 Improvement Trust Fund may delegate to the department authority
249 to issue leases for mooring fields that meet the requirements of
250 permits issued under this subsection. The department shall
251 initiate the rulemaking process within 60 days after the
252 effective date of this act.
253 Section 9. Subsection (1) of section 373.233, Florida
254 Statutes, is amended to read:
255 373.233 Competing applications.—
256 (1) If two or more applications that which otherwise comply
257 with the provisions of this part are pending for a quantity of
258 water that is inadequate for both or all, or that which for any
259 other reason are in conflict, the governing board or the
260 department has shall have the right to approve or modify the
261 application that which best serves the public interest if it
262 deems the application complete.
263 Section 10. Subsection (4) of section 373.236, Florida
264 Statutes, is amended to read:
265 373.236 Duration of permits; compliance reports.—
266 (4) Where necessary to maintain reasonable assurance that
267 the conditions for issuance of a 20-year permit can continue to
268 be met, the governing board or department, in addition to any
269 conditions required pursuant to s. 373.219, may require a
270 compliance report by the permittee every 10 years during the
271 term of a permit. The Suwannee River Water Management District
272 may require a compliance report by the permittee every 5 years
273 through July 1, 2015, and thereafter every 10 years during the
274 term of the permit. This report shall contain sufficient data to
275 maintain reasonable assurance that the initial conditions for
276 permit issuance are met. Following review of this report, the
277 governing board or the department may modify the permit to
278 ensure that the use meets the conditions for issuance. Permit
279 modifications pursuant to this subsection are shall not be
280 subject to competing applications, provided there is no increase
281 in the permitted allocation or permit duration, and no change in
282 source, except for changes in source requested by the district.
283 In order to promote the sustainability of natural systems
284 through the diversification of water supplies through the
285 development of seawater desalination plants, a water management
286 district shall not reduce an existing permitted allocation of
287 water during the permit term as a result of planned future
288 construction of, or additional water becoming available from, a
289 new seawater desalination plant that does not receive funding
290 from a water management district. Except as expressly provided
291 herein, nothing in this subsection may shall not be construed to
292 alter a district’s limit the existing authority of the
293 department or the governing board to modify or revoke a
294 consumptive use permit pursuant to chapter 373.
295 Section 11. Subsection (6) of section 373.246, Florida
296 Statutes, is amended to read:
297 373.246 Declaration of water shortage or emergency.—
298 (6) The governing board or the department shall notify each
299 permittee in the district by electronic mail or regular mail of
300 any change in the condition of his or her permit or any
301 suspension of his or her permit or of any other restriction on
302 the permittee’s use of water for the duration of the water
303 shortage.
304 Section 12. Subsection (1) of section 373.308, Florida
305 Statutes, is amended to read:
306 373.308 Implementation of programs for regulating water
307 wells.—
308 (1) The department shall authorize the governing board of a
309 water management district to implement a program for the
310 issuance of permits for the location, construction, repair, and
311 abandonment of water wells. Upon authorization from the
312 department, issuance of well permits will be the sole
313 responsibility of the water management district, delegated local
314 government, or local county health department. Other local
315 governmental entities may not impose additional or duplicate
316 requirements or fees or establish a separate program for the
317 permitting of the location, abandonment, boring, or other
318 activities reasonably associated with the installation and
319 abandonment of a groundwater well.
320 Section 13. Subsections (1) and (10) of section 373.323,
321 Florida Statutes, are amended to read:
322 373.323 Licensure of water well contractors; application,
323 qualifications, and examinations; equipment identification.—
324 (1) Every person who wishes to engage in business as a
325 water well contractor shall obtain from the water management
326 district a license to conduct such business. Licensure under
327 this part by a water management district shall be the only water
328 well construction license required for the construction, repair,
329 or abandonment of water wells in the state or any political
330 subdivision thereof.
331 (10) Water well contractors licensed under this section may
332 install, repair, and modify pumps and tanks in accordance with
333 the Florida Building Code, Plumbing; Section 612—Wells pumps and
334 tanks used for private potable water systems. In addition,
335 licensed water well contractors may install pumps, tanks, and
336 water conditioning equipment for all water well systems.
337 Section 14. Subsections (13) through (15) are added to
338 section 373.406, Florida Statutes, to read:
339 373.406 Exemptions.—The following exemptions shall apply:
340 (13) Nothing in this part, or in any rule, regulation, or
341 order adopted pursuant to this part, applies to the
342 construction, alteration, operation, or maintenance of any
343 wholly owned, manmade, excavated farm ponds, as defined in s.
344 403.927, constructed entirely in uplands.
345 (14) Nothing in this part, or in any rule, regulation, or
346 order adopted pursuant to this part, may require a permit for
347 activities affecting wetlands created solely by the unauthorized
348 flooding or interference with the natural flow of surface water
349 caused by an unaffiliated adjoining landowner. Requests to
350 qualify for this exemption must be made within 7 years after the
351 cause of such unauthorized flooding or unauthorized interference
352 with the natural flow of surface water and must be submitted in
353 writing to the district or department. Such activities may not
354 begin before the district or department confirms in writing that
355 the activity qualifies for the exemption. This exemption does
356 not expand the jurisdiction of the department or water
357 management districts and does not apply to activities that
358 discharge dredged or fill material into waters of the United
359 States, including wetlands, subject to federal jurisdiction
360 under section 404 of the Clean Water Act, 33 U.S.C. s. 1344.
361 (15) Any independent water control district created and
362 operating pursuant to chapter 298 for which a valid
363 environmental resource permit or management and storage of
364 surface waters permit has been issued pursuant to this part is
365 exempt from further wetlands regulations imposed pursuant to
366 chapters 125, 163, and 166.
367 Section 15. Subsection (4) of section 376.30713, Florida
368 Statutes, is amended to read:
369 376.30713 Preapproved advanced cleanup.—
370 (4) The department is authorized to enter into contracts
371 contract for a total of up to $15 $10 million of preapproved
372 advanced cleanup work in each fiscal year. However, no facility
373 shall be preapproved for more than $5 million $500,000 of
374 cleanup activity in each fiscal year. For the purposes of this
375 section the term “facility” shall include, but not be limited
376 to, multiple site facilities such as airports, port facilities,
377 and terminal facilities even though such enterprises may be
378 treated as separate facilities for other purposes under this
379 chapter.
380 Section 16. Subsection (3) of section 376.313, Florida
381 Statutes, is amended to read:
382 376.313 Nonexclusiveness of remedies and individual cause
383 of action for damages under ss. 376.30-376.317.—
384 (3) Except as provided in s. 376.3078(3) and (11), nothing
385 contained in ss. 376.30-376.317 prohibits any person from
386 bringing a cause of action in a court of competent jurisdiction
387 for all damages resulting from a discharge or other condition of
388 pollution covered by ss. 376.30-376.317 which was not authorized
389 pursuant to chapter 403. Nothing in this chapter shall prohibit
390 or diminish a party’s right to contribution from other parties
391 jointly or severally liable for a prohibited discharge of
392 pollutants or hazardous substances or other pollution
393 conditions. Except as otherwise provided in subsection (4) or
394 subsection (5), in any such suit, it is not necessary for such
395 person to plead or prove negligence in any form or manner. Such
396 person need only plead and prove the fact of the prohibited
397 discharge or other pollutive condition and that it has occurred.
398 The only defenses to such cause of action shall be those
399 specified in s. 376.308.
400 Section 17. Subsection (22) is added to section 403.031,
401 Florida Statutes, to read:
402 403.031 Definitions.—In construing this chapter, or rules
403 and regulations adopted pursuant hereto, the following words,
404 phrases, or terms, unless the context otherwise indicates, have
405 the following meanings:
406 (22) “Beneficiary” means any person, partnership,
407 corporation, business entity, charitable organization, not-for
408 profit corporation, state, county, district, authority, or
409 municipal unit of government or any other separate unit of
410 government created or established by law.
411 Section 18. Subsection (43) is added to section 403.061,
412 Florida Statutes, to read:
413 403.061 Department; powers and duties.—The department shall
414 have the power and the duty to control and prohibit pollution of
415 air and water in accordance with the law and rules adopted and
416 promulgated by it and, for this purpose, to:
417 (43) Adopt rules requiring or incentivizing the electronic
418 submission of forms, documents, fees, or reports required under
419 chapter 161, chapter 253, chapter 373, chapter 376, chapter 377,
420 or this chapter. The rules must reasonably accommodate
421 technological or financial hardship and provide procedures for
422 obtaining an exemption due to such hardship.
423
424 The department shall implement such programs in conjunction with
425 its other powers and duties and shall place special emphasis on
426 reducing and eliminating contamination that presents a threat to
427 humans, animals or plants, or to the environment.
428 Section 19. Paragraph (a) of subsection (11) of section
429 403.0872, Florida Statutes, is amended to read:
430 403.0872 Operation permits for major sources of air
431 pollution; annual operation license fee.—Provided that program
432 approval pursuant to 42 U.S.C. s. 7661a has been received from
433 the United States Environmental Protection Agency, beginning
434 January 2, 1995, each major source of air pollution, including
435 electrical power plants certified under s. 403.511, must obtain
436 from the department an operation permit for a major source of
437 air pollution under this section. This operation permit is the
438 only department operation permit for a major source of air
439 pollution required for such source; provided, at the applicant’s
440 request, the department shall issue a separate acid rain permit
441 for a major source of air pollution that is an affected source
442 within the meaning of 42 U.S.C. s. 7651a(1). Operation permits
443 for major sources of air pollution, except general permits
444 issued pursuant to s. 403.814, must be issued in accordance with
445 the procedures contained in this section and in accordance with
446 chapter 120; however, to the extent that chapter 120 is
447 inconsistent with the provisions of this section, the procedures
448 contained in this section prevail.
449 (11) Each major source of air pollution permitted to
450 operate in this state must pay between January 15 and April
451 March 1 of each year, upon written notice from the department,
452 an annual operation license fee in an amount determined by
453 department rule. The annual operation license fee shall be
454 terminated immediately in the event the United States
455 Environmental Protection Agency imposes annual fees solely to
456 implement and administer the major source air-operation permit
457 program in Florida under 40 C.F.R. s. 70.10(d).
458 (a) The annual fee must be assessed based upon the source’s
459 previous year’s emissions and must be calculated by multiplying
460 the applicable annual operation license fee factor times the
461 tons of each regulated air pollutant actually emitted, as
462 calculated in accordance with the department’s emissions
463 computation and reporting rules. The annual fee shall apply only
464 to those regulated pollutants, except carbon monoxide and
465 greenhouse gases, for which an allowable numeric emission
466 limiting standard is specified in (except carbon monoxide)
467 allowed to be emitted per hour by specific condition of the
468 source’s most recent construction or operation permit, times the
469 annual hours of operation allowed by permit condition; provided,
470 however, that:
471 1. The license fee factor is $25 or another amount
472 determined by department rule which ensures that the revenue
473 provided by each year’s operation license fees is sufficient to
474 cover all reasonable direct and indirect costs of the major
475 stationary source air-operation permit program established by
476 this section. The license fee factor may be increased beyond $25
477 only if the secretary of the department affirmatively finds that
478 a shortage of revenue for support of the major stationary source
479 air-operation permit program will occur in the absence of a fee
480 factor adjustment. The annual license fee factor may never
481 exceed $35.
482 2. For any source that operates for fewer hours during the
483 calendar year than allowed under its permit, the annual fee
484 calculation must be based upon actual hours of operation rather
485 than allowable hours if the owner or operator of the source
486 documents the source’s actual hours of operation for the
487 calendar year. For any source that has an emissions limit that
488 is dependent upon the type of fuel burned, the annual fee
489 calculation must be based on the emissions limit applicable
490 during actual hours of operation.
491 3. For any source whose allowable emission limitation is
492 specified by permit per units of material input or heat input or
493 product output, the applicable input or production amount may be
494 used to calculate the allowable emissions if the owner or
495 operator of the source documents the actual input or production
496 amount. If the input or production amount is not documented, the
497 maximum allowable input or production amount specified in the
498 permit must be used to calculate the allowable emissions.
499 4. For any new source that does not receive its first
500 operation permit until after the beginning of a calendar year,
501 the annual fee for the year must be reduced pro rata to reflect
502 the period during which the source was not allowed to operate.
503 5. For any source that emits less of any regulated air
504 pollutant than allowed by permit condition, the annual fee
505 calculation for such pollutant must be based upon actual
506 emissions rather than allowable emissions if the owner or
507 operator documents the source’s actual emissions by means of
508 data from a department-approved certified continuous emissions
509 monitor or from an emissions monitoring method which has been
510 approved by the United States Environmental Protection Agency
511 under the regulations implementing 42 U.S.C. ss. 7651 et seq.,
512 or from a method approved by the department for purposes of this
513 section.
514 2.6. The amount of each regulated air pollutant in excess
515 of 4,000 tons per year allowed to be emitted by any source, or
516 group of sources belonging to the same Major Group as described
517 in the Standard Industrial Classification Manual, 1987, may not
518 be included in the calculation of the fee. Any source, or group
519 of sources, which does not emit any regulated air pollutant in
520 excess of 4,000 tons per year, is allowed a one-time credit not
521 to exceed 25 percent of the first annual licensing fee for the
522 prorated portion of existing air-operation permit application
523 fees remaining upon commencement of the annual licensing fees.
524 3.7. If the department has not received the fee by March 1
525 February 15 of the calendar year, the permittee must be sent a
526 written warning of the consequences for failing to pay the fee
527 by April March 1. If the fee is not postmarked by April March 1
528 of the calendar year, the department shall impose, in addition
529 to the fee, a penalty of 50 percent of the amount of the fee,
530 plus interest on such amount computed in accordance with s.
531 220.807. The department may not impose such penalty or interest
532 on any amount underpaid, provided that the permittee has timely
533 remitted payment of at least 90 percent of the amount determined
534 to be due and remits full payment within 60 days after receipt
535 of notice of the amount underpaid. The department may waive the
536 collection of underpayment and shall not be required to refund
537 overpayment of the fee, if the amount due is less than 1 percent
538 of the fee, up to $50. The department may revoke any major air
539 pollution source operation permit if it finds that the
540 permitholder has failed to timely pay any required annual
541 operation license fee, penalty, or interest.
542 4.8. Notwithstanding the computational provisions of this
543 subsection, the annual operation license fee for any source
544 subject to this section shall not be less than $250, except that
545 the annual operation license fee for sources permitted solely
546 through general permits issued under s. 403.814 shall not exceed
547 $50 per year.
548 5.9. Notwithstanding the provisions of s.
549 403.087(6)(a)5.a., authorizing air pollution construction permit
550 fees, the department may not require such fees for changes or
551 additions to a major source of air pollution permitted pursuant
552 to this section, unless the activity triggers permitting
553 requirements under Title I, Part C or Part D, of the federal
554 Clean Air Act, 42 U.S.C. ss. 7470-7514a. Costs to issue and
555 administer such permits shall be considered direct and indirect
556 costs of the major stationary source air-operation permit
557 program under s. 403.0873. The department shall, however,
558 require fees pursuant to the provisions of s. 403.087(6)(a)5.a.
559 for the construction of a new major source of air pollution that
560 will be subject to the permitting requirements of this section
561 once constructed and for activities triggering permitting
562 requirements under Title I, Part C or Part D, of the federal
563 Clean Air Act, 42 U.S.C. ss. 7470-7514a.
564 Section 20. Paragraph (b) of subsection (2) of section
565 403.088, Florida Statutes, is amended to read:
566 403.088 Water pollution operation permits; conditions.—
567 (2)
568 (b)1. If the department finds that the proposed discharge
569 will reduce the quality of the receiving waters below the
570 classification established for them, it shall deny the
571 application and refuse to issue a permit. The department may not
572 use the results from a field procedure or laboratory method to
573 make such a finding or to determine facility compliance unless
574 the field procedure or laboratory method has been adopted by
575 rule or noticed and approved by department order pursuant to
576 department rule. Field procedures and laboratory methods must
577 satisfy the quality assurance requirements of department rule
578 and must produce data of known and verifiable quality. The
579 results of field procedures and laboratory methods shall be
580 evaluated for sources of uncertainty to assure suitability for
581 the intended purposes as properly documented with each procedure
582 or method.
583 2. If the department finds that the proposed discharge will
584 not reduce the quality of the receiving waters below the
585 classification established for them, it may issue an operation
586 permit if it finds that such degradation is necessary or
587 desirable under federal standards and under circumstances which
588 are clearly in the public interest.
589 Section 21. Section 403.0893, Florida Statutes, is amended
590 to read:
591 403.0893 Stormwater funding; dedicated funds for stormwater
592 management.—In addition to any other funding mechanism legally
593 available to local government to construct, operate, or maintain
594 stormwater systems, a county or municipality may:
595 (1) Create one or more stormwater utilities and adopt
596 stormwater utility fees sufficient to plan, construct, operate,
597 and maintain stormwater management systems set out in the local
598 program required pursuant to s. 403.0891(3). Stormwater utility
599 fees adopted pursuant to this subsection may be charged to the
600 beneficiaries of a stormwater utility. If stormwater utility
601 fees charged to a beneficiary of a stormwater utility are not
602 paid when due, the county or municipality may file suit in a
603 court of competent jurisdiction or utilize any lawful method to
604 collect delinquent fees;
605 (2) Establish and set aside, as a continuing source of
606 revenue, other funds sufficient to plan, construct, operate, and
607 maintain stormwater management systems set out in the local
608 program required pursuant to s. 403.0891(3); or
609 (3) Create, alone or in cooperation with counties,
610 municipalities, and special districts pursuant to the Interlocal
611 Cooperation Act, s. 163.01, one or more stormwater management
612 system benefit areas. All property owners within said area may
613 be assessed a per acreage fee to fund the planning,
614 construction, operation, maintenance, and administration of a
615 public stormwater management system for the benefited area. Any
616 benefit area containing different land uses which receive
617 substantially different levels of stormwater benefits shall
618 include stormwater management system benefit subareas which
619 shall be assessed different per acreage fees from subarea to
620 subarea based upon a reasonable relationship to benefits
621 received. The fees shall be calculated to generate sufficient
622 funds to plan, construct, operate, and maintain stormwater
623 management systems called for in the local program required
624 pursuant to s. 403.0891(3). For fees assessed pursuant to this
625 section, counties or municipalities may use the non-ad valorem
626 levy, collection, and enforcement method as provided for in
627 chapter 197.
628 Section 22. Paragraph (b) of subsection (3) of section
629 403.7046, Florida Statutes, is amended, and subsection (4) is
630 added to that section, to read:
631 403.7046 Regulation of recovered materials.—
632 (3) Except as otherwise provided in this section or
633 pursuant to a special act in effect on or before January 1,
634 1993, a local government may not require a commercial
635 establishment that generates source-separated recovered
636 materials to sell or otherwise convey its recovered materials to
637 the local government or to a facility designated by the local
638 government, nor may the local government restrict such a
639 generator’s right to sell or otherwise convey such recovered
640 materials to any properly certified recovered materials dealer
641 who has satisfied the requirements of this section. A local
642 government may not enact any ordinance that prevents such a
643 dealer from entering into a contract with a commercial
644 establishment to purchase, collect, transport, process, or
645 receive source-separated recovered materials.
646 (b) Before Prior to engaging in business within the
647 jurisdiction of the local government, a recovered materials
648 dealer must provide the local government with a copy of the
649 certification provided for in this section. In addition, the
650 local government may establish a registration process whereby a
651 recovered materials dealer must register with the local
652 government before prior to engaging in business within the
653 jurisdiction of the local government. Such registration process
654 is limited to requiring the dealer to register its name,
655 including the owner or operator of the dealer, and, if the
656 dealer is a business entity, its general or limited partners,
657 its corporate officers and directors, its permanent place of
658 business, evidence of its certification under this section, and
659 a certification that the recovered materials will be processed
660 at a recovered materials processing facility satisfying the
661 requirements of this section. A local government may not use the
662 registration information to compete with the recovered materials
663 dealer until 90 days after the registration information is
664 submitted. All counties, and municipalities whose population
665 exceeds 35,000 according to the population estimates determined
666 pursuant to s. 186.901, may establish a reporting process which
667 shall be limited to the regulations, reporting format, and
668 reporting frequency established by the department pursuant to
669 this section, which shall, at a minimum, include requiring the
670 dealer to identify the types and approximate amount of recovered
671 materials collected, recycled, or reused during the reporting
672 period; the approximate percentage of recovered materials
673 reused, stored, or delivered to a recovered materials processing
674 facility or disposed of in a solid waste disposal facility; and
675 the locations where any recovered materials were disposed of as
676 solid waste. Information reported under this subsection which,
677 if disclosed, would reveal a trade secret, as defined in s.
678 812.081(1)(c), is confidential and exempt from the provisions of
679 s. 24(a), Art. I of the State Constitution and s. 119.07(1). The
680 local government may charge the dealer a registration fee
681 commensurate with and no greater than the cost incurred by the
682 local government in operating its registration program.
683 Registration program costs are limited to those costs associated
684 with the activities described in this paragraph. Any reporting
685 or registration process established by a local government with
686 regard to recovered materials shall be governed by the
687 provisions of this section and department rules adopted
688 promulgated pursuant thereto.
689 (4) A recovered materials dealer, or an association whose
690 members include recovered materials dealers, may initiate an
691 action for injunctive relief or damages for alleged violations
692 of this section. The court may award to the prevailing party or
693 parties reasonable attorney fees and costs.
694 Section 23. Paragraph (e) of subsection (1) of section
695 403.813, Florida Statutes, is amended to read:
696 403.813 Permits issued at district centers; exceptions.—
697 (1) A permit is not required under this chapter, chapter
698 373, chapter 61-691, Laws of Florida, or chapter 25214 or
699 chapter 25270, 1949, Laws of Florida, for activities associated
700 with the following types of projects; however, except as
701 otherwise provided in this subsection, nothing in this
702 subsection relieves an applicant from any requirement to obtain
703 permission to use or occupy lands owned by the Board of Trustees
704 of the Internal Improvement Trust Fund or any water management
705 district in its governmental or proprietary capacity or from
706 complying with applicable local pollution control programs
707 authorized under this chapter or other requirements of county
708 and municipal governments:
709 (e) The restoration of seawalls at their previous locations
710 or upland of, or within 18 inches 1 foot waterward of, their
711 previous locations. However, this shall not affect the
712 permitting requirements of chapter 161, and department rules
713 shall clearly indicate that this exception does not constitute
714 an exception from the permitting requirements of chapter 161.
715 Section 24. Section 403.8141, Florida Statutes, is created
716 to read:
717 403.8141 Special event permits.—The department shall issue
718 permits for special events under s. 253.0345. The permits must
719 be for a period that runs concurrently with the lease or letter
720 of consent issued pursuant to s. 253.0345 and must allow for the
721 movement of temporary structures within the footprint of the
722 lease area.
723 Section 25. Paragraph (b) of subsection (14) and paragraph
724 (b) of subsection (19) of section 403.973, Florida Statutes, are
725 amended, and paragraph (g) is added to subsection (3) of that
726 section, to read:
727 403.973 Expedited permitting; amendments to comprehensive
728 plans.—
729 (3)
730 (g) Projects to construct interstate natural gas pipelines
731 subject to certification by the Federal Energy Regulatory
732 Commission are eligible for the expedited permitting process.
733 (14)
734 (b) Projects identified in paragraph (3)(f) or paragraph
735 (3)(g) or challenges to state agency action in the expedited
736 permitting process for establishment of a state-of-the-art
737 biomedical research institution and campus in this state by the
738 grantee under s. 288.955 are subject to the same requirements as
739 challenges brought under paragraph (a), except that,
740 notwithstanding s. 120.574, summary proceedings must be
741 conducted within 30 days after a party files the motion for
742 summary hearing, regardless of whether the parties agree to the
743 summary proceeding.
744 (19) The following projects are ineligible for review under
745 this part:
746 (b) A project, the primary purpose of which is to:
747 1. Effect the final disposal of solid waste, biomedical
748 waste, or hazardous waste in this state.
749 2. Produce electrical power, unless the production of
750 electricity is incidental and not the primary function of the
751 project or the electrical power is derived from a fuel source
752 for renewable energy as defined in s. 366.91(2)(d).
753 3. Extract natural resources.
754 4. Produce oil.
755 5. Construct, maintain, or operate an oil, petroleum,
756 natural gas, or sewage pipeline.
757 Section 26. The changes made by this act to ss. 403.031 and
758 403.0893 apply only to stormwater utility fees billed on or
759 after July 1, 2013, to a beneficiary of a stormwater utility for
760 services provided on or after that date.
761 Section 27. This act shall take effect July 1, 2013.
762
763 ================= T I T L E A M E N D M E N T ================
764 And the title is amended as follows:
765 Delete everything before the enacting clause
766 and insert:
767 A bill to be entitled
768 An act relating to environmental regulation; amending
769 s. 20.255, F.S.; authorizing the Department of
770 Environmental Protection to adopt rules requiring or
771 incentivizing the electronic submission of certain
772 forms, documents, fees, and reports; amending ss.
773 125.022 and 166.033, F.S.; providing requirements for
774 the review of development permit applications by
775 counties and municipalities; amending s. 211.3103,
776 F.S.; revising the definition of the term “phosphate
777 related expenses” to include maintenance and
778 restoration of certain lands; amending s. 253.0345,
779 F.S.; revising provisions for the duration of leases
780 and letters of consent issued by the Board of Trustees
781 of the Internal Improvement Trust Fund for special
782 events; providing conditions for fees relating to such
783 leases and letters of consent; creating s. 253.0346,
784 F.S.; defining the term “first-come, first-served
785 basis”; providing conditions for the discount and
786 waiver of lease fees and surcharges for certain
787 marinas, boatyards, and marine retailers; providing
788 applicability; amending s. 253.0347, F.S.; providing
789 exemptions from lease fees for certain lessees;
790 amending s. 373.118, F.S.; deleting provisions
791 requiring the department to adopt general permits for
792 public marina facilities; deleting certain
793 requirements under general permits for public marina
794 facilities and mooring fields; limiting the number of
795 vessels for mooring fields authorized under such
796 permits; authorizing the department to issue certain
797 leases; amending s. 373.233, F.S.; clarifying
798 conditions for competing applications for consumptive
799 use of water permits; amending s. 373.236, F.S.;
800 prohibiting water management districts from reducing
801 certain allocations as a result of activities
802 involving a new seawater desalination plant that does
803 not receive funding from a water management district;
804 providing an exception; amending s. 373.246, F.S.;
805 allowing the governing board or the department to
806 notify a permittee by electronic mail of any change in
807 the condition of his or her permit during a declared
808 water shortage or emergency; amending s. 373.308,
809 F.S.; providing that issuance of well permits is the
810 sole responsibility of water management districts,
811 delegated local governments, and local county health
812 departments; prohibiting other local governmental
813 entities from imposing requirements and fees or
814 establishing programs for installation and abandonment
815 of groundwater wells; amending s. 373.323, F.S.;
816 providing that licenses issued by water management
817 districts are the only water well construction
818 licenses required for construction, repair, or
819 abandonment of water wells; authorizing licensed water
820 well contractors to install equipment for all water
821 systems; amending s. 373.406, F.S.; exempting
822 specified ponds, ditches, wetlands, and water control
823 districts from surface water management and storage
824 requirements; requiring that a request for an
825 exemption be made within a certain time period and
826 that activities not begin until such exemption is
827 made; exempting certain water control districts from
828 certain wetlands regulation; amending s. 376.30713,
829 F.S.; increasing maximum costs for preapproved
830 advanced cleanup in a fiscal year; amending s.
831 376.313, F.S.; holding harmless a person who
832 discharges pollution pursuant to ch. 403, F.S.;
833 amending s. 403.031, F.S.; defining the term
834 “beneficiary”; amending s. 403.061, F.S.; authorizing
835 the department to adopt rules requiring or
836 incentivizing the electronic submission of certain
837 forms, documents, fees, and reports; amending s.
838 403.0872, F.S.; extending the payment deadline of
839 permit fees for major sources of air pollution and
840 conforming the date for related notice by the
841 department; revising provisions for the calculation of
842 such annual fees; amending s. 403.088, F.S.; revising
843 conditions for water pollution operation permits;
844 requiring the department to meet certain standards in
845 making determinations; amending s. 403.0893, F.S.;
846 authorizing stormwater utility fees to be charged to
847 the beneficiaries of the stormwater utility; amending
848 s. 403.7046, F.S.; providing requirements for the
849 review of recovered materials dealer registration
850 applications; providing that a recovered materials
851 dealer may seek injunctive relief or damages for
852 certain violations; amending s. 403.813, F.S.;
853 revising conditions under which certain permits are
854 not required for seawall restoration projects;
855 creating s. 403.8141, F.S.; requiring the Department
856 of Environmental Protection to establish permits for
857 special events; providing permit requirements;
858 amending s. 403.973, F.S.; authorizing expedited
859 permitting for natural gas pipelines, subject to
860 specified certification; providing that natural gas
861 pipelines are subject to certain requirements;
862 providing that changes made by this act to ss. 403.031
863 and 403.0893, F.S., apply only to stormwater utility
864 fees billed on or after July 1, 2013, to a stormwater
865 utility’s beneficiary for services provided on or
866 after that date; providing an effective date.