Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1464
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/26/2014           .                                

       (Simpson) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (i) of subsection (3) of section
    6  163.3162, Florida Statutes, is amended to read:
    7         163.3162 Agricultural Lands and Practices.—
    8         (3) DUPLICATION OF REGULATION.—Except as otherwise provided
    9  in this section and s. 487.051(2), and notwithstanding any other
   10  law, including any provision of chapter 125 or this chapter:
   11         (i)1. This subsection does not limit a county’s powers to:
   12         a.1. Enforce wetlands, springs protection, or stormwater
   13  ordinances, regulations, or rules adopted before July 1, 2003,
   14  or modifications or readoptions of such ordinances, regulations,
   15  or rules which are approved on or after July 1, 2003, if such
   16  modifications or readoptions leave the substance of the
   17  ordinances, regulations, or rules unchanged or reduce their
   18  regulatory impact.
   19         b.2. Enforce wetlands, springs protection, or stormwater
   20  ordinances, regulations, or rules pertaining to the Wekiva River
   21  Protection Area.
   22         c.3. Enforce ordinances, regulations, or rules as directed
   23  by law or implemented consistent with the requirements of a
   24  program operated under a delegation agreement from a state
   25  agency or water management district.
   26         2. As used in this paragraph, the term “wetlands” has the
   27  same meaning as defined in s. 373.019.
   28         Section 2. Paragraph (a) of subsection (11) of section
   29  163.3184, Florida Statutes, is amended to read:
   30         163.3184 Process for adoption of comprehensive plan or plan
   31  amendment.—
   32         (11) PUBLIC HEARINGS.—
   33         (a) The procedure for transmittal of a complete proposed
   34  comprehensive plan or plan amendment pursuant to subparagraph
   35  (3)(b)1. and paragraph (4)(b) and for adoption of a
   36  comprehensive plan or plan amendment pursuant to subparagraphs
   37  (3)(c)1. and (4)(e)1. shall be by affirmative vote requiring of
   38  not less than a simple majority of the members of the governing
   39  body present at the hearing except in counties that have
   40  approved by countywide election a charter provision requiring an
   41  affirmative vote of more than a simple majority. The adoption of
   42  a comprehensive plan or plan amendment shall be by ordinance.
   43  For the purposes of transmitting or adopting a comprehensive
   44  plan or plan amendment, the notice requirements in chapters 125
   45  and 166 are superseded by this subsection, except as provided in
   46  this part.
   47         Section 3. Paragraph (g) is added to subsection (2) of
   48  section 253.0347, Florida Statutes, to read:
   49         253.0347 Lease of sovereignty submerged lands for private
   50  residential docks and piers.—
   51         (2)
   52         (g) A lessee of sovereignty submerged lands for a private
   53  residential multifamily dock is not required to pay a lease
   54  renewal processing fee when the preempted area equal to or less
   55  than 10 times the riparian shoreline along sovereignty submerged
   56  land on the affected waterbody times the number of units with
   57  docks in the private multifamily development calculation of base
   58  lease fee results in no annual fee assessment.
   59         Section 4. Subsection (6) of section 298.225, Florida
   60  Statutes, is amended to read:
   61         298.225 Water control plan; plan development and
   62  amendment.—
   63         (6) The review or approval of the water control plan by the
   64  applicable water management district shall not constitute the
   65  granting of any permit necessary for the construction or
   66  operation of any water control district work and cannot be
   67  relied upon as any future agency action on a permit application.
   68  Notwithstanding any other provision of law, if any of the
   69  facilities, structures, or improvements, including, but not
   70  limited to, ditches, dikes, water control structures, canals, or
   71  pump stations, included within a water control plan have been
   72  issued an environmental resource permit pursuant to part IV of
   73  chapter 373, or a permit has been issued pursuant to s. 404 of
   74  the federal Clean Water Act, 33 U.S.C. s. 1344, and such
   75  structures are incorporated in a plat of the county or
   76  municipality within which the water control district lies,
   77  additional local government authorizations or permits are not
   78  required to implement, construct, or maintain the permitted
   79  facilities, structures, or improvements.
   80         Section 5. Subsection (8) is added to section 373.236,
   81  Florida Statutes, to read:
   82         373.236 Duration of permits; compliance reports.—
   83         (8) Water management districts and the department may grant
   84  a permit for a period of up to 30 years for a development of
   85  regional impact that is approved pursuant to s. 380.06 and
   86  located in a rural area of critical economic concern as defined
   87  in s. 288.0656.
   88         Section 6. Subsection (5) is added to section 373.308,
   89  Florida Statutes, to read:
   90         373.308 Implementation of programs for regulating water
   91  wells.—
   92         (5) The Legislature encourages any county that imposes
   93  additional or more stringent water well design construction
   94  criteria, standards, or fees than the department or the water
   95  management districts to establish a Water Well Construction
   96  Advisory Board to coordinate and implement well construction
   97  criteria and standards, permitting, and aquifer protection
   98  programs. The board should include licensed water well
   99  contractors, county health department staff, water management
  100  district staff, and a representative of the Florida Ground Water
  101  Association.
  102         Section 7. Subsection (1) of section 373.4136, Florida
  103  Statutes, is amended to read:
  104         373.4136 Establishment and operation of mitigation banks.—
  105         (1) MITIGATION BANK PERMITS.—The department and the water
  106  management districts may require permits to authorize the
  107  establishment and use of mitigation banks. A mitigation bank
  108  permit shall also constitute authorization to construct, alter,
  109  operate, maintain, abandon, or remove any surface water
  110  management system necessary to establish and operate the
  111  mitigation bank. To obtain a mitigation bank permit, the
  112  applicant must provide reasonable assurance that:
  113         (a) The proposed mitigation bank will improve ecological
  114  conditions of the regional watershed;
  115         (b) The proposed mitigation bank will provide viable and
  116  sustainable ecological and hydrological functions for the
  117  proposed mitigation service area;
  118         (c) The proposed mitigation bank will be effectively
  119  managed in perpetuity;
  120         (d) The proposed mitigation bank will not destroy areas
  121  with high ecological value;
  122         (e) The proposed mitigation bank will achieve mitigation
  123  success;
  124         (f) The proposed mitigation bank will be adjacent to lands
  125  that will not adversely affect the perpetual viability of the
  126  mitigation bank due to unsuitable land uses or conditions;
  127         (g) Any surface water management system to be constructed,
  128  altered, operated, maintained, abandoned, or removed within the
  129  mitigation bank will meet the requirements of this part and the
  130  rules adopted thereunder;
  131         (h) It has sufficient legal or equitable interest in the
  132  property to ensure perpetual protection and management of the
  133  land within a mitigation bank; and
  134         (i) It can meet the financial responsibility requirements
  135  prescribed for mitigation banks. The applicant may satisfy this
  136  requirement by submitting proof of insurance in a form approved
  137  by the department or the water management district.
  138         Section 8. By January 1, 2015, the Department of
  139  Environmental Protection and each water management district
  140  shall adopt rules to implement the amendment made by this act to
  141  s. 373.4136(1), Florida Statutes.
  142         Section 9. Present subsection (9) of section 373.709,
  143  Florida Statutes, is redesignated as subsection (10), and a new
  144  subsection (9) is added to that section, to read:
  145         373.709 Regional water supply planning.—
  146         (9) The water needs, water sources, water resource
  147  development projects, and water supply development projects
  148  identified in a long-term master plan adopted pursuant to s.
  149  163.3245 or a master plan development order issued under s.
  150  380.06(21) must be incorporated into a regional water supply
  151  plan adopted pursuant to this section and are exempt from the
  152  population analyses required under subsection (2).
  153         Section 10. Subsection (7) of section 380.276, Florida
  154  Statutes, is amended to read:
  155         380.276 Beaches and coastal areas; display of uniform
  156  warning and safety flags at public beaches; placement of uniform
  157  notification signs; beach safety education.—
  158         (7) The Department of Environmental Protection, through the
  159  Florida Coastal Management Program, may also develop and make
  160  available to the public other educational information and
  161  materials related to beach safety, and is authorized to approve
  162  the use by state agencies and local governments of additional
  163  safety and warning devices to be used in conjunction with the
  164  display of uniform warning and safety flags at public beaches.
  165         Section 11. Subsection (2) of section 403.201, Florida
  166  Statutes, is amended to read:
  167         403.201 Variances.—
  168         (2) A no variance may not shall be granted from any
  169  provision or requirement concerning discharges of waste into
  170  waters of the state or hazardous waste management which would
  171  result in the provision or requirement being less stringent than
  172  a comparable federal provision or requirement, except as
  173  provided in s. 403.70715. The department may grant relief
  174  mechanisms in federally delegated or approved permitting
  175  programs if the action is not inconsistent with the implemented
  176  federal program.
  177         Section 12. Subsection (5) is added to section 403.709,
  178  Florida Statutes, to read:
  179         403.709 Solid Waste Management Trust Fund; use of waste
  180  tire fees.—There is created the Solid Waste Management Trust
  181  Fund, to be administered by the department.
  182         (5)(a) Notwithstanding subsection (1), a solid waste
  183  landfill closure account is established within the Solid Waste
  184  Management Trust Fund to provide funding for the closing and
  185  long-term care of solid waste management facilities. The
  186  department may use funds from the account to contract with a
  187  third party for the closing and long-term care of a solid waste
  188  management facility if:
  189         1. The facility has or had a department permit to operate
  190  the facility.
  191         2. The permittee provided proof of financial assurance for
  192  closure in the form of an insurance certificate.
  193         3. The facility is deemed to be abandoned or was ordered to
  194  close by the department.
  195         4. Closure is accomplished in substantial accordance with a
  196  closure plan approved by the department.
  197         5. The department has written documentation that the
  198  insurance company issuing the closure insurance policy will
  199  provide or reimburse the funds required to complete closing and
  200  long-term care of the facility.
  201         (b) The department shall deposit funds received from an
  202  insurance company as reimbursement for the costs of closing and
  203  long-term care of a facility into the solid waste landfill
  204  closure account.
  205         Section 13. (1) Any building permit, and any permit issued
  206  by the Department of Environmental Protection or by a water
  207  management district pursuant to part IV of chapter 373, Florida
  208  Statutes, which has an expiration date from January 1, 2014,
  209  through January 1, 2016, is extended and renewed for a period of
  210  2 years after its previously scheduled date of expiration. This
  211  extension includes any local government-issued development order
  212  or building permit including certificates of levels of service.
  213  This section does not prohibit conversion from the construction
  214  phase to the operation phase upon completion of construction.
  215  This extension is in addition to any existing permit extension.
  216  Extensions granted pursuant to this section; s. 14 of chapter
  217  2009-96, Laws of Florida, as reauthorized by s. 47 of chapter
  218  2010-147, Laws of Florida; s. 46 of chapter 2010-147, Laws of
  219  Florida; s. 73 or s. 79 of chapter 2011-139, Laws of Florida; or
  220  s. 24 of chapter 2012-205, Laws of Florida, may not exceed 4
  221  years in total. Further, specific development order extensions
  222  granted pursuant to s. 380.06(19)(c)2., Florida Statutes, may
  223  not be further extended by this section.
  224         (2) The commencement and completion dates for any required
  225  mitigation associated with a phased construction project are
  226  extended so that mitigation takes place in the same timeframe
  227  relative to the phase as originally permitted.
  228         (3) The holder of a valid permit or other authorization
  229  that is eligible for the 2-year extension must notify the
  230  authorizing agency in writing by December 31, 2014, identifying
  231  the specific authorization for which the holder intends to use
  232  the extension and the anticipated timeframe for acting on the
  233  authorization.
  234         (4) The extension provided in subsection (1) does not apply
  235  to:
  236         (a) A permit or other authorization under any programmatic
  237  or regional general permit issued by the Army Corps of
  238  Engineers.
  239         (b) A permit or other authorization held by an owner or
  240  operator determined to be in significant noncompliance with the
  241  conditions of the permit or authorization as established through
  242  the issuance of a warning letter or notice of violation, the
  243  initiation of formal enforcement, or other equivalent action by
  244  the authorizing agency.
  245         (c) A permit or other authorization, if granted an
  246  extension that would delay or prevent compliance with a court
  247  order.
  248         (5) Permits extended under this section shall continue to
  249  be governed by the rules in effect at the time the permit was
  250  issued unless it is demonstrated that the rules in effect at the
  251  time the permit was issued would create an immediate threat to
  252  public safety or health. This provision applies to any
  253  modification of the plans, terms, and conditions of the permit
  254  which lessens the environmental impact, except that any such
  255  modification does not extend the time limit beyond 2 additional
  256  years.
  257         (6) This section does not impair the authority of a county
  258  or municipality to require the owner of a property who has
  259  notified the county or municipality of the owner’s intent to
  260  receive the extension of time granted pursuant to this section
  261  to maintain and secure the property in a safe and sanitary
  262  condition in compliance with applicable laws and ordinances.
  263         Section 14. This act shall take effect July 1, 2014.
  265  ================= T I T L E  A M E N D M E N T ================
  266  And the title is amended as follows:
  267         Delete everything before the enacting clause
  268  and insert:
  269                        A bill to be entitled                      
  270         An act relating to environmental regulation; amending
  271         s. 163.3162, F.S.; limiting the authority of a county
  272         to enforce certain modifications or readoptions of
  273         certain wetlands, springs protection, and stormwater
  274         ordinances, regulations, and rules; amending s.
  275         163.3184, F.S.; revising procedures for the
  276         transmittal and adoption of a comprehensive plan or
  277         plan amendment; providing applicability; amending s.
  278         253.0347, F.S.; exempting certain lessees of
  279         sovereignty submerged lands from lease renewal
  280         processing fees under certain circumstances; amending
  281         s. 298.225, F.S.; exempting certain facilities,
  282         structures, or improvements from additional local
  283         government authorizations or permits; amending s.
  284         373.236, F.S.; specifying the authorized duration of
  285         consumptive use permits for certain developments;
  286         amending s. 373.308, F.S.; encouraging certain
  287         counties to establish water well construction advisory
  288         boards; specifying the recommended composition of such
  289         boards; amending s. 373.4136, F.S.; providing that
  290         proof of insurance satisfies a specified requirement
  291         to obtain a mitigation bank permit; requiring the
  292         Department of Environmental Protection and water
  293         management districts to adopt certain rules by a
  294         specified date; amending s. 373.709, F.S.; requiring
  295         that certain criteria be incorporated into a regional
  296         water supply plan; exempting such additional criteria
  297         from specified analyses; amending s. 380.276, F.S.;
  298         authorizing the Department of Environmental Protection
  299         to approve additional beach safety and warning devices
  300         to be used in conjunction with uniform warning and
  301         safety flags; amending s. 403.201, F.S.; providing
  302         applicability of the prohibition against certain
  303         variances from regulations concerning discharges of
  304         waste into waters of the state or concerning hazardous
  305         waste management; amending s. 403.709, F.S.;
  306         establishing a solid waste landfill closure account
  307         within the Solid Waste Management Trust Fund for
  308         specified purposes; requiring the Department of
  309         Environmental Protection to deposit specified funds
  310         into the account; extending and renewing building
  311         permits and certain permits issued by the Department
  312         of Environmental Protection or a water management
  313         district, including any local government-issued
  314         development order or building permit issued pursuant
  315         thereto; limiting certain permit extensions to a
  316         specified period of time; extending commencement and
  317         completion dates for required mitigation associated
  318         with a phased construction project; requiring the
  319         holder of an extended permit or authorization to
  320         provide notice to the authorizing agency; providing
  321         exceptions to the extension and renewal of such
  322         permits; providing that extended permits are governed
  323         by certain rules; providing applicability; providing
  324         an effective date.