Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. CS for SB 1464 Ì679582LÎ679582 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— following: 1 Senate Amendment (with title amendment) 2 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) Anovariance may notshallbe 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. 201 202 ================= 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.