Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1464
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

    1         Senate Amendment to Amendment (679582) (with title
    2  amendment)
    4         Between lines 78 and 79
    5  insert:
    6         Section 6. Section 373.441, Florida Statutes, is amended to
    7  read:
    8         373.441 Role of counties, municipalities, and local
    9  pollution control programs in permit processing; delegation;
   10  certified local programs.—
   11         (1) The department shall, by December 1, 1994, adopt rules
   12  to guide the participation of counties, municipalities, and
   13  local pollution control programs in an efficient, streamlined
   14  permitting system. Such rules must seek to increase governmental
   15  efficiency, maintain environmental standards, and include
   16  consideration of:
   17         (a) Provisions under which the environmental resource
   18  permit program is delegated, upon approval of the department,
   19  only to a county, municipality, or local pollution control
   20  program that has the financial, technical, and administrative
   21  capabilities and desire to implement and enforce the program;
   22         (b) Provisions under which a locally delegated permit
   23  program may have stricter environmental standards than state
   24  standards;
   25         (c) Provisions for identifying and reconciling any
   26  duplicative permitting by January 1, 1995;
   27         (d) Provisions for timely and cost-efficient notification
   28  by the reviewing agency of permit applications, and permit
   29  requirements, to counties, municipalities, local pollution
   30  control programs, the department, or water management districts,
   31  as appropriate;
   32         (e) Provisions for ensuring the consistency of permit
   33  applications with local comprehensive plans;
   34         (f) Provisions for the partial delegation of the
   35  environmental resource permit program to counties,
   36  municipalities, or local pollution control programs, and
   37  standards and criteria to be employed in the implementation of
   38  such delegation by counties, municipalities, and local pollution
   39  control programs;
   40         (g) Special provisions under which the environmental
   41  resource permit program may be delegated to counties having
   42  populations of 75,000 or fewer, or municipalities with, or local
   43  pollution control programs serving, populations of 50,000 or
   44  fewer;
   45         (h) Provisions for the applicability of chapter 120 to
   46  local government programs when the environmental resource permit
   47  program is delegated to counties, municipalities, or local
   48  pollution control programs; and
   49         (i) Provisions for a local government to petition the
   50  Governor and Cabinet for review of a request for a delegation of
   51  authority that is not approved or denied within 1 year after
   52  being initiated.
   53         (2) Any denial by the department of a local government’s
   54  request for a delegation of authority must provide specific
   55  detail of those statutory or rule provisions that were not
   56  satisfied. Such detail shall also include specific actions that
   57  can be taken in order to allow for the delegation of authority.
   58  A local government, upon being denied a request for a delegation
   59  of authority, may petition the Governor and Cabinet for a review
   60  of the request. The Governor and Cabinet may reverse the
   61  decision of the department and may provide any necessary
   62  conditions to allow the delegation of authority to occur.
   63         (3) Delegation of authority shall be approved if the local
   64  government meets the requirements set forth in rule 62-344,
   65  Florida Administrative Code. This section does not require a
   66  local government to seek delegation of the environmental
   67  resource permit program.
   68         (4) The department shall also establish a certification
   69  process for local environmental resource permit programs in
   70  existence on the effective date of this act which meet the
   71  minimum regulatory standards of this chapter. Local
   72  environmental resource permit programs meeting such standards
   73  shall be certified by the department. The issuance of a permit
   74  by a certified local environmental resource permit program
   75  constitutes local and state approval and the permittee is not
   76  required to obtain further environmental resource permits from
   77  the state.
   78         (5)(4) This section does not affect or modify land
   79  development regulations adopted by a local government to
   80  implement its comprehensive plan pursuant to chapter 163.
   81         (6)(5) The department shall review environmental resource
   82  permit applications for electrical distribution and transmission
   83  lines and other facilities related to the production,
   84  transmission, and distribution of electricity which are not
   85  certified under ss. 403.52-403.5365, the Florida Electric
   86  Transmission Line Siting Act, regulated under this part.
   88  ================= T I T L E  A M E N D M E N T ================
   89  And the title is amended as follows:
   90         Delete line 221
   91  and insert:
   92         specified date; amending s. 373.441, F.S.; requiring
   93         the Department of Environmental Protection to
   94         establish a certification process for certain local
   95         environmental resource permit programs; providing that
   96         a permit issued by a certified local environmental
   97         resource permit program also constitutes state
   98         approval; amending s. 373.709, F.S.; requiring