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

    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (g) is added to subsection (2) of
    6  section 253.0347, Florida Statutes, to read:
    7         253.0347 Lease of sovereignty submerged lands for private
    8  residential docks and piers.—
    9         (2)
   10         (g) A lessee of sovereignty submerged lands for a private
   11  residential multifamily dock is not required to pay a lease
   12  renewal processing fee when the preempted area equal to or less
   13  than 10 times the riparian shoreline along sovereignty submerged
   14  land on the affected waterbody times the number of units with
   15  docks in the private multifamily development calculation of base
   16  lease fee results in no annual fee assessment.
   17         Section 2. Subsection (8) is added to section 373.236,
   18  Florida Statutes, to read:
   19         373.236 Duration of permits; compliance reports.—
   20         (8) Water management districts and the department may grant
   21  a permit for a period of up to 30 years for a development of
   22  regional impact which is approved pursuant to s. 380.06 and
   23  located in a rural area of critical economic concern as defined
   24  in s. 288.0656.
   25         Section 3. Subsection (5) is added to section 373.308,
   26  Florida Statutes, to read:
   27         373.308 Implementation of programs for regulating water
   28  wells.—
   29         (5) The Legislature encourages any county that imposes
   30  additional or more stringent water well design construction
   31  criteria, standards, or fees than the department or the water
   32  management districts to establish a Water Well Construction
   33  Advisory Board to coordinate and implement well construction
   34  criteria and standards, permitting, and aquifer protection
   35  programs. The board should include licensed water well
   36  contractors, county health department staff, water management
   37  district staff, and a representative of the Florida Ground Water
   38  Association.
   39         Section 4. Subsection (1) of section 373.4136, Florida
   40  Statutes, is amended to read:
   41         373.4136 Establishment and operation of mitigation banks.—
   42         (1) MITIGATION BANK PERMITS.—The department and the water
   43  management districts may require permits to authorize the
   44  establishment and use of mitigation banks. A mitigation bank
   45  permit shall also constitute authorization to construct, alter,
   46  operate, maintain, abandon, or remove any surface water
   47  management system necessary to establish and operate the
   48  mitigation bank. To obtain a mitigation bank permit, the
   49  applicant must provide reasonable assurance that:
   50         (a) The proposed mitigation bank will improve ecological
   51  conditions of the regional watershed;
   52         (b) The proposed mitigation bank will provide viable and
   53  sustainable ecological and hydrological functions for the
   54  proposed mitigation service area;
   55         (c) The proposed mitigation bank will be effectively
   56  managed in perpetuity;
   57         (d) The proposed mitigation bank will not destroy areas
   58  with high ecological value;
   59         (e) The proposed mitigation bank will achieve mitigation
   60  success;
   61         (f) The proposed mitigation bank will be adjacent to lands
   62  that will not adversely affect the perpetual viability of the
   63  mitigation bank due to unsuitable land uses or conditions;
   64         (g) Any surface water management system to be constructed,
   65  altered, operated, maintained, abandoned, or removed within the
   66  mitigation bank will meet the requirements of this part and the
   67  rules adopted thereunder;
   68         (h) It has sufficient legal or equitable interest in the
   69  property to ensure perpetual protection and management of the
   70  land within a mitigation bank; and
   71         (i) It can meet the financial responsibility requirements
   72  prescribed for mitigation banks. The applicant may satisfy this
   73  requirement by submitting proof of insurance in a form approved
   74  by the department or the water management district.
   75         Section 5. By January 1, 2015, the Department of
   76  Environmental Protection and each water management district
   77  shall adopt rules to implement the amendment made by this act to
   78  s. 373.4136(1), Florida Statutes.
   79         Section 6. Present subsection (9) of section 373.709,
   80  Florida Statutes, is redesignated as subsection (10), and a new
   81  subsection (9) is added to that section, to read:
   82         373.709 Regional water supply planning.—
   83         (9) The water needs, water sources, water resource
   84  development projects, and water supply development projects
   85  identified in a long-term master plan adopted pursuant to s.
   86  163.3245 or a master plan development order issued under s.
   87  380.06(21) must be incorporated into a regional water supply
   88  plan adopted pursuant to this section.
   89         Section 7. Subsection (7) of section 380.276, Florida
   90  Statutes, is amended to read:
   91         380.276 Beaches and coastal areas; display of uniform
   92  warning and safety flags at public beaches; placement of uniform
   93  notification signs; beach safety education.—
   94         (7) The Department of Environmental Protection, through the
   95  Florida Coastal Management Program, may also develop and make
   96  available to the public other educational information and
   97  materials related to beach safety and may approve the use by
   98  state agencies and local governments of additional safety and
   99  warning devices to be used in conjunction with the display of
  100  uniform warning and safety flags at public beaches.
  101         Section 8. Subsection (2) of section 403.201, Florida
  102  Statutes, is amended to read:
  103         403.201 Variances.—
  104         (2) A no variance may not shall be granted from any
  105  provision or requirement concerning discharges of waste into
  106  waters of the state or hazardous waste management which would
  107  result in the provision or requirement being less stringent than
  108  a comparable federal provision or requirement, except as
  109  provided in s. 403.70715. The department may grant relief
  110  mechanisms in federally delegated or approved permitting
  111  programs if the action is not inconsistent with the implemented
  112  federal program.
  113         Section 9. Subsection (5) is added to section 403.709,
  114  Florida Statutes, to read:
  115         403.709 Solid Waste Management Trust Fund; use of waste
  116  tire fees.—There is created the Solid Waste Management Trust
  117  Fund, to be administered by the department.
  118         (5)(a) Notwithstanding subsection (1), a solid waste
  119  landfill closure account is established within the Solid Waste
  120  Management Trust Fund to provide funding for the closing and
  121  long-term care of solid waste management facilities. The
  122  department may use funds from the account to contract with a
  123  third party for the closing and long-term care of a solid waste
  124  management facility if:
  125         1. The facility has or had a department permit to operate
  126  the facility.
  127         2. The permittee provided proof of financial assurance for
  128  closure in the form of an insurance certificate.
  129         3. The facility is deemed to be abandoned or was ordered to
  130  close by the department.
  131         4. Closure is accomplished in substantial accordance with a
  132  closure plan approved by the department.
  133         5. The department has written documentation that the
  134  insurance company issuing the closure insurance policy will
  135  provide or reimburse the funds required to complete closing and
  136  long-term care of the facility.
  137         (b) The department shall deposit funds received from an
  138  insurance company as reimbursement for the costs of closing and
  139  long-term care of a facility into the solid waste landfill
  140  closure account.
  141         Section 10. (1) Any building permit, and any permit issued
  142  by the Department of Environmental Protection or by a water
  143  management district pursuant to part IV of chapter 373, Florida
  144  Statutes, which has an expiration date from January 1, 2014,
  145  through January 1, 2016, is extended and renewed for a period of
  146  2 years after its previously scheduled date of expiration. This
  147  extension includes any local government-issued development order
  148  or building permit including certificates of levels of service.
  149  This section does not prohibit conversion from the construction
  150  phase to the operation phase upon completion of construction.
  151  This extension is in addition to any existing permit extension.
  152  Extensions granted pursuant to this section; s. 14 of chapter
  153  2009-96, Laws of Florida, as reauthorized by s. 47 of chapter
  154  2010-147, Laws of Florida; s. 46 of chapter 2010-147, Laws of
  155  Florida; s. 73 or s. 79 of chapter 2011-139, Laws of Florida; or
  156  s. 24 of chapter 2012-205, Laws of Florida, may not exceed 4
  157  years in total. Further, specific development order extensions
  158  granted pursuant to s. 380.06(19)(c)2., Florida Statutes, may
  159  not be further extended by this section.
  160         (2) The commencement and completion dates for any required
  161  mitigation associated with a phased construction project are
  162  extended so that mitigation takes place in the same timeframe
  163  relative to the phase as originally permitted.
  164         (3) The holder of a valid permit or other authorization
  165  that is eligible for the 2-year extension must notify the
  166  authorizing agency in writing by December 31, 2014, identifying
  167  the specific authorization for which the holder intends to use
  168  the extension and the anticipated timeframe for acting on the
  169  authorization.
  170         (4) The extension and renewal provided in subsection (1)
  171  does not apply to:
  172         (a) A permit or other authorization under any programmatic
  173  or regional general permit issued by the Army Corps of
  174  Engineers.
  175         (b) A permit or other authorization held by an owner or
  176  operator determined to be in significant noncompliance with the
  177  conditions of the permit or authorization as established through
  178  the issuance of a warning letter or notice of violation, the
  179  initiation of formal enforcement, or other equivalent action by
  180  the authorizing agency.
  181         (c) A permit or other authorization, if granted an
  182  extension that would delay or prevent compliance with a court
  183  order.
  184         (5) A permit extended under this section shall continue to
  185  be governed by the rules in effect at the time the permit was
  186  issued unless it is demonstrated that the rules in effect at the
  187  time the permit was issued would create an immediate threat to
  188  public safety or health, or unless any such rule is superseded
  189  by laws in effect after July 1, 2014. This provision applies to
  190  any modification of the plans, terms, and conditions of the
  191  permit which lessens the environmental impact, except that any
  192  such modification does not extend the time limit beyond 2
  193  additional years.
  194         (6) This section does not impair the authority of a county
  195  or municipality to require the owner of a property who has
  196  notified the county or municipality of the owner’s intent to
  197  receive the extension of time granted pursuant to this section
  198  to maintain and secure the property in a safe and sanitary
  199  condition in compliance with applicable laws and ordinances.
  200         Section 11. This act shall take effect July 1, 2014.
  202  ================= T I T L E  A M E N D M E N T ================
  203  And the title is amended as follows:
  204         Delete everything before the enacting clause
  205  and insert:
  206                        A bill to be entitled                      
  207         An act relating to environmental regulation; amending
  208         s. 253.0347, F.S.; exempting certain lessees of
  209         sovereignty submerged lands from lease renewal
  210         processing fees under certain circumstances; amending
  211         s. 373.236, F.S.; specifying the authorized duration
  212         of consumptive use permits for certain developments;
  213         amending s. 373.308, F.S.; encouraging certain
  214         counties to establish water well construction advisory
  215         boards; specifying the recommended composition of such
  216         boards; amending s. 373.4136, F.S.; providing that
  217         proof of insurance satisfies a specified requirement
  218         to obtain a mitigation bank permit; requiring the
  219         Department of Environmental Protection and water
  220         management districts to adopt certain rules by a
  221         specified date; amending s. 373.709, F.S.; requiring
  222         that certain criteria be incorporated into a regional
  223         water supply plan; amending s. 380.276, F.S.;
  224         authorizing the Department of Environmental Protection
  225         to approve additional beach safety and warning devices
  226         to be used in conjunction with uniform warning and
  227         safety flags; amending s. 403.201, F.S.; providing
  228         applicability of the prohibition against certain
  229         variances from regulations concerning discharges of
  230         waste into waters of the state or concerning hazardous
  231         waste management; amending s. 403.709, F.S.;
  232         establishing a solid waste landfill closure account
  233         within the Solid Waste Management Trust Fund for
  234         specified purposes; requiring the Department of
  235         Environmental Protection to deposit specified funds
  236         into the account; extending and renewing building
  237         permits and certain permits issued by the Department
  238         of Environmental Protection or a water management
  239         district, including any local government-issued
  240         development order or building permit issued pursuant
  241         thereto; limiting certain permit extensions to a
  242         specified period of time; extending commencement and
  243         completion dates for required mitigation associated
  244         with a phased construction project; requiring the
  245         holder of an extended permit or authorization to
  246         provide notice to the authorizing agency; providing
  247         exceptions to the extension and renewal of such
  248         permits; providing that extended permits are governed
  249         by certain rules; providing exceptions; providing
  250         applicability; providing an effective date.