Florida Senate - 2014                                    SB 1464
       By Senator Simpson
       18-01156C-14                                          20141464__
    1                        A bill to be entitled                      
    2         An act relating to environmental regulation; amending
    3         s. 163.3162, F.S.; limiting the authority of a county
    4         to enforce certain modifications, readoptions, or
    5         amendments of certain wetlands, springs protection,
    6         and stormwater ordinances, regulations, and rules;
    7         amending s. 163.3184, F.S.; revising procedures for
    8         the transmittal and adoption of a comprehensive plan
    9         or plan amendment; amending s. 163.3194, F.S.;
   10         prohibiting a local government from rescinding certain
   11         land use approvals; amending s. 253.0347, F.S.;
   12         exempting certain lessees of sovereignty submerged
   13         lands from permit fees for certain areas; amending s.
   14         298.225, F.S.; exempting certain facilities,
   15         structures, or improvements from additional local
   16         government authorizations or permits; amending s.
   17         373.236, F.S.; authorizing consumptive use permits for
   18         certain projects and developments; authorizing
   19         multiple commencement dates for certain consumptive
   20         use permits; amending s. 373.308, F.S.; requiring
   21         delegated local governments to adhere to certain
   22         criteria and standards for water well construction;
   23         preempting permitting of water well construction by a
   24         delegated local government; amending s. 373.323, F.S.;
   25         revising requirements to take the water well
   26         contractor licensure examination; amending s.
   27         373.4136, F.S.; providing that proof of insurance
   28         satisfies a specified requirement to obtain a
   29         mitigation bank permit; requiring the Department of
   30         Environmental Protection and water management
   31         districts to adopt certain rules by a specified date;
   32         amending s. 373.414, F.S.; requiring certain water
   33         control districts to obtain certain permits for
   34         facilities, structures, or improvements; specifying
   35         standards applicable to such permits; amending s.
   36         373.709, F.S.; requiring that certain criteria be
   37         incorporated into a regional water supply plan;
   38         exempting such additional criteria from specified
   39         analyses; amending s. 403.201, F.S.; providing that
   40         the prohibition against certain variances from
   41         regulations concerning discharges of waste into waters
   42         of the state or concerning hazardous waste management
   43         does not include the issuance of moderating
   44         provisions; amending s. 403.709, F.S.; establishing a
   45         solid waste landfill closure account within the Solid
   46         Waste Management Trust Fund for specified purposes;
   47         requiring the Department of Environmental Protection
   48         to deposit specified funds into the account; amending
   49         s. 633.202, F.S.; exempting certain tents from the
   50         Florida Fire Prevention Code; extending and renewing
   51         certain permits issued by the Department of
   52         Environmental Protection or a water management
   53         district, including any local government-issued
   54         development order or building permit issued pursuant
   55         thereto; providing exceptions; limiting certain permit
   56         extensions to a specified period of time; providing
   57         that extended permits be governed by certain rules;
   58         extending commencement and completion dates for
   59         required mitigation associated with a phased
   60         construction project; providing applicability;
   61         requiring the holder of an extended permit or
   62         authorization to provide notice to the authorizing
   63         agency; prohibiting a county or municipality from
   64         assessing fees to extend such permits; providing an
   65         effective date.
   67  Be It Enacted by the Legislature of the State of Florida:
   69         Section 1. Paragraph (i) of subsection (3) of section
   70  163.3162, Florida Statutes, is amended to read:
   71         163.3162 Agricultural Lands and Practices.—
   72         (3) DUPLICATION OF REGULATION.—Except as otherwise provided
   73  in this section and s. 487.051(2), and notwithstanding any other
   74  law, including any provision of chapter 125 or this chapter:
   75         (i)1. This subsection does not limit a county’s powers to:
   76         a.1. Enforce wetlands, springs protection, or stormwater
   77  ordinances, regulations, or rules adopted before July 1, 2003,
   78  excluding any modification, readoption, or amendment thereof
   79  approved on or after July 1, 2003.
   80         b.2. Enforce wetlands, springs protection, or stormwater
   81  ordinances, regulations, or rules pertaining to the Wekiva River
   82  Protection Area.
   83         c.3. Enforce ordinances, regulations, or rules as directed
   84  by law or implemented consistent with the requirements of a
   85  program operated under a delegation agreement from a state
   86  agency or water management district.
   87         2. As used in this paragraph, the term “wetlands” has the
   88  same meaning as defined in s. 373.019.
   89         Section 2. Paragraph (a) of subsection (11) of section
   90  163.3184, Florida Statutes, is amended to read:
   91         163.3184 Process for adoption of comprehensive plan or plan
   92  amendment.—
   93         (11) PUBLIC HEARINGS.—
   94         (a) The procedure for transmittal of a complete proposed
   95  comprehensive plan or plan amendment pursuant to subparagraph
   96  (3)(b)1. and paragraph (4)(b) and for adoption of a
   97  comprehensive plan or plan amendment pursuant to subparagraphs
   98  (3)(c)1. and (4)(e)1. shall be by affirmative vote requiring of
   99  not less nor more than a simple majority of the members of the
  100  governing body present at the hearing. The adoption of a
  101  comprehensive plan or plan amendment shall be by ordinance. For
  102  the purposes of transmitting or adopting a comprehensive plan or
  103  plan amendment, the notice requirements in chapters 125 and 166
  104  are superseded by this subsection, except as provided in this
  105  part.
  106         Section 3. Subsection (5) of section 163.3194, Florida
  107  Statutes, is amended to read:
  108         163.3194 Legal status of comprehensive plan.—
  109         (5)(a) The tax-exempt status of lands classified as
  110  agricultural under s. 193.461 may shall not be affected by any
  111  comprehensive plan adopted under this act as long as the land
  112  meets the criteria set forth in s. 193.461.
  113         (b) A local government may not rescind a prior land use
  114  approval solely because the underlying land continues to be used
  115  for bona fide agricultural purposes in a manner which qualifies
  116  for an agricultural classification under s. 193.461.
  117         Section 4. Paragraph (f) of subsection (2) of section
  118  253.0347, Florida Statutes, is amended to read:
  119         253.0347 Lease of sovereignty submerged lands for private
  120  residential docks and piers.—
  121         (2)
  122         (f) A lessee of sovereignty submerged lands for a private
  123  residential multifamily dock designed to moor boats up to the
  124  number of units within the multifamily development is not
  125  required to pay lease or permit fees for a preempted area equal
  126  to or less than 10 times the riparian shoreline along
  127  sovereignty submerged land on the affected waterbody times the
  128  number of units with docks in the private multifamily
  129  development.
  130         Section 5. Subsection (6) of section 298.225, Florida
  131  Statutes, is amended to read:
  132         298.225 Water control plan; plan development and
  133  amendment.—
  134         (6) The review or approval of the water control plan by the
  135  applicable water management district shall not constitute the
  136  granting of any permit necessary for the construction or
  137  operation of any water control district work and cannot be
  138  relied upon as any future agency action on a permit application.
  139  Notwithstanding any other provision of law, if any of the
  140  facilities, structures, or improvements, including, but not
  141  limited to, ditches, dikes, water control structures, canals, or
  142  pump stations, included within a water control plan have been
  143  issued an environmental resource permit pursuant to part IV,
  144  chapter 373, or a permit has been issued pursuant to s. 404 of
  145  the Federal Clean Water Act, 33 U.S.C. s. 1344, and such
  146  structures are incorporated in a plat of the county or
  147  municipality within which the water control district lies,
  148  additional local government authorizations or permits are not
  149  required to implement, construct, or maintain the permitted
  150  facilities, structures, or improvements.
  151         Section 6. Subsection (6) of section 373.236, Florida
  152  Statutes, is amended, and subsection (8) is added to that
  153  section, to read:
  154         373.236 Duration of permits; compliance reports.—
  155         (6)(a) The Legislature finds that the need for alternative
  156  water supply development projects to meet anticipated public
  157  water supply demands of the state is so important that it is
  158  essential to encourage participation in and contribution to
  159  these projects by private-rural-land owners who
  160  characteristically have relatively modest near-term water
  161  demands but substantially increasing demands after the 20-year
  162  planning period in s. 373.709.
  163         1.If Therefore, where such landowners make extraordinary
  164  contributions of lands or construction funding to enable the
  165  expeditious implementation of such projects, water management
  166  districts and the department may grant permits for such projects
  167  for a period of up to 50 years to municipalities, counties,
  168  special districts, regional water supply authorities,
  169  multijurisdictional water supply entities, and publicly or
  170  privately owned utilities, with the exception of any publicly or
  171  privately owned utilities created for or by a private landowner
  172  after April 1, 2008, which have entered into an agreement with
  173  the private landowner for the purpose of more efficiently
  174  pursuing alternative public water supply development projects
  175  identified in a district’s regional water supply plan and
  176  meeting water demands of both the applicant and the landowner.
  177         2. If such landowners, individually or collectively, make
  178  available lands to enable the expeditious development of
  179  projects involving dispersed surface water storage and release
  180  or surface water storage and recharge which provide water
  181  resource benefits and alternative water supply development, the
  182  water management districts and the department may grant permits
  183  for such projects for a period of up to 50 years.
  184         (b) A permit under paragraph (a):
  185         1. May authorize the uses of the individual project
  186  participants to begin on different dates.
  187         2. May be granted only for that period for which there is
  188  sufficient data to provide reasonable assurance that the
  189  conditions for permit issuance will be met.
  190         3.Must Such a permit shall require a compliance report by
  191  the permittee every 5 years during the term of the permit. The
  192  report must shall contain sufficient data to maintain reasonable
  193  assurance that the conditions for permit issuance applicable at
  194  the time of district review of the compliance report are met.
  195  After review of the this report, the governing board or the
  196  department may modify the permit to ensure that the use meets
  197  the conditions for issuance.
  198         (c) This subsection does not limit the existing authority
  199  of the department or the governing board to modify or revoke a
  200  consumptive use permit.
  201         (8) Water management districts and the department may grant
  202  a permit for a period of up to 30 years for a development of
  203  regional impact that is approved pursuant to s. 380.06 and
  204  located in a rural area of critical economic concern as defined
  205  in s. 288.0656.
  206         Section 7. Subsection (5) is added to section 373.308,
  207  Florida Statutes, to read:
  208         373.308 Implementation of programs for regulating water
  209  wells.—
  210         (5) Delegated local governments must adhere to well
  211  construction criteria and applicable standards adopted by the
  212  department or water management district. Such criteria and
  213  standards preempt additional local government well construction
  214  permitting regulations.
  215         Section 8. Paragraph (b) of subsection (3) of section
  216  373.323, Florida Statutes, is amended to read:
  217         373.323 Licensure of water well contractors; application,
  218  qualifications, and examinations; equipment identification.—
  219         (3) An applicant who meets the following requirements shall
  220  be entitled to take the water well contractor licensure
  221  examination:
  222         (b) Has at least 2 years of experience in constructing,
  223  repairing, or abandoning water wells. Satisfactory proof of such
  224  experience shall be demonstrated by providing:
  225         1. Evidence of the length of time the applicant has been
  226  engaged in the business of the construction, repair, or
  227  abandonment of water wells as a major activity, as attested to
  228  by a letter from three of the following persons:
  229         a. A water well contractor.
  230         b. A water well driller.
  231         c. A water well parts and equipment vendor.
  232         b.d. A water well inspector employed by a governmental
  233  agency.
  234         2. A list of at least 10 water wells that the applicant has
  235  constructed, repaired, or abandoned within the preceding 5
  236  years. Of these wells, at least seven must have been
  237  constructed, as defined in s. 373.303(2), by the applicant. The
  238  list shall also include:
  239         a. The name and address of the owner or owners of each
  240  well.
  241         b. The location, primary use, and approximate depth and
  242  diameter of each well that the applicant has constructed,
  243  repaired, or abandoned.
  244         c. The approximate date the construction, repair, or
  245  abandonment of each well was completed.
  246         Section 9. Subsection (1) of section 373.4136, Florida
  247  Statutes, is amended to read:
  248         373.4136 Establishment and operation of mitigation banks.—
  249         (1) MITIGATION BANK PERMITS.—The department and the water
  250  management districts may require permits to authorize the
  251  establishment and use of mitigation banks. A mitigation bank
  252  permit shall also constitute authorization to construct, alter,
  253  operate, maintain, abandon, or remove any surface water
  254  management system necessary to establish and operate the
  255  mitigation bank. To obtain a mitigation bank permit, the
  256  applicant must provide reasonable assurance that:
  257         (a) The proposed mitigation bank will improve ecological
  258  conditions of the regional watershed;
  259         (b) The proposed mitigation bank will provide viable and
  260  sustainable ecological and hydrological functions for the
  261  proposed mitigation service area;
  262         (c) The proposed mitigation bank will be effectively
  263  managed in perpetuity;
  264         (d) The proposed mitigation bank will not destroy areas
  265  with high ecological value;
  266         (e) The proposed mitigation bank will achieve mitigation
  267  success;
  268         (f) The proposed mitigation bank will be adjacent to lands
  269  that will not adversely affect the perpetual viability of the
  270  mitigation bank due to unsuitable land uses or conditions;
  271         (g) Any surface water management system to be constructed,
  272  altered, operated, maintained, abandoned, or removed within the
  273  mitigation bank will meet the requirements of this part and the
  274  rules adopted thereunder;
  275         (h) It has sufficient legal or equitable interest in the
  276  property to ensure perpetual protection and management of the
  277  land within a mitigation bank; and
  278         (i) It can meet the financial responsibility requirements
  279  prescribed for mitigation banks. The applicant may satisfy this
  280  requirement by submitting proof of insurance in a form approved
  281  by the department or water management district.
  282         Section 10. By January 1, 2015, the Department of
  283  Environmental Protection and each water management district
  284  shall adopt rules to implement the amendment made by this act to
  285  s. 373.4136(1)(i), Florida Statutes.
  286         Section 11. Paragraph (d) is added to subsection (1) of
  287  section 373.414, Florida Statutes, to read:
  288         373.414 Additional criteria for activities in surface
  289  waters and wetlands.—
  290         (1) As part of an applicant’s demonstration that an
  291  activity regulated under this part will not be harmful to the
  292  water resources or will not be inconsistent with the overall
  293  objectives of the district, the governing board or the
  294  department shall require the applicant to provide reasonable
  295  assurance that state water quality standards applicable to
  296  waters as defined in s. 403.031(13) will not be violated and
  297  reasonable assurance that such activity in, on, or over surface
  298  waters or wetlands, as delineated in s. 373.421(1), is not
  299  contrary to the public interest. However, if such an activity
  300  significantly degrades or is within an Outstanding Florida
  301  Water, as provided by department rule, the applicant must
  302  provide reasonable assurance that the proposed activity will be
  303  clearly in the public interest.
  304         (d) Any dependent water control district created by
  305  ordinance or special act must obtain an environmental resource
  306  permit pursuant to part IV of this chapter and a permit or other
  307  authorization from the applicable general purpose government for
  308  any facilities, structures, or improvements. Any local
  309  government authorization must apply the same mitigation criteria
  310  and costs as are applied under chapter 298 for a water control
  311  district in the same jurisdiction.
  312         Section 12. Present subsection (9) of section 373.709,
  313  Florida Statutes, is redesignated as subsection (10), and a new
  314  subsection (9) is added to that section, to read:
  315         373.709 Regional water supply planning.—
  316         (9) The water needs, water sources, water resource
  317  development projects, and water supply development projects
  318  identified in a long-term master plan adopted pursuant to s.
  319  163.3245 or a master plan development order issued under s.
  320  380.06(21) must be incorporated into a regional water supply
  321  plan adopted pursuant to this section and are exempt from the
  322  analyses required under subsection (2).
  323         Section 13. Subsection (2) of section 403.201, Florida
  324  Statutes, is amended to read:
  325         403.201 Variances.—
  326         (2) A no variance may not shall be granted from any
  327  provision or requirement concerning discharges of waste into
  328  waters of the state or hazardous waste management which would
  329  result in the provision or requirement being less stringent than
  330  a comparable federal provision or requirement, except as
  331  provided in s. 403.70715. However, this subsection does not
  332  prohibit the issuance of moderating provisions under state law.
  333         Section 14. Subsection (5) is added to section 403.709,
  334  Florida Statutes, to read:
  335         403.709 Solid Waste Management Trust Fund; use of waste
  336  tire fees.—There is created the Solid Waste Management Trust
  337  Fund, to be administered by the department.
  338         (5)(a) Notwithstanding subsection (1), a solid waste
  339  landfill closure account is established within the Solid Waste
  340  Management Trust Fund to provide funding for the closing and
  341  long-term care of solid waste management facilities. The
  342  department may use funds from the account to contract with a
  343  third party for the closing and long-term care of a solid waste
  344  management facility if:
  345         1. The facility has or had a department permit to operate
  346  the facility.
  347         2. The permittee provided proof of financial assurance for
  348  closure in the form of an insurance certificate.
  349         3. The facility is deemed to be abandoned or was ordered to
  350  close by the department.
  351         4. Closure is accomplished in substantial accordance with a
  352  closure plan approved by the department.
  353         5. The department has written documentation that the
  354  insurance company issuing the closure insurance policy will
  355  provide or reimburse the funds required to complete closing and
  356  long-term care of the facility.
  357         (b) The department shall deposit funds received from an
  358  insurance company as reimbursement for the costs of closing and
  359  long-term care of a facility into the solid waste landfill
  360  closure account.
  361         Section 15. Subsection (15) of section 633.202, Florida
  362  Statutes, is amended to read:
  363         633.202 Florida Fire Prevention Code.—
  364         (15)(a) For one-story or two-story structures that are less
  365  than 10,000 square feet, whose occupancy is defined in the
  366  Florida Building Code and the Florida Fire Prevention Code as
  367  business or mercantile, a fire official shall enforce the wall
  368  fire-rating provisions for occupancy separation as defined in
  369  the Florida Building Code.
  370         (16)(a)(b) A structure, located on property that is
  371  classified for ad valorem purposes as agricultural, which is
  372  part of a farming or ranching operation, in which the occupancy
  373  is limited by the property owner to no more than 35 persons, and
  374  which is not used by the public for direct sales or as an
  375  educational outreach facility, is exempt from the Florida Fire
  376  Prevention Code, including the national codes and Life Safety
  377  Code incorporated by reference. This paragraph does not include
  378  structures used for residential or assembly occupancies, as
  379  defined in the Florida Fire Prevention Code.
  380         (b) A tent up to 30 feet by 30 feet is exempt from the
  381  Florida Fire Prevention Code, including the national codes
  382  incorporated by reference.
  383         Section 16. (1) Any building permit, and any permit issued
  384  by the Department of Environmental Protection or by a water
  385  management district pursuant to part IV of chapter 373, Florida
  386  Statutes, which has an expiration date from January 1, 2012,
  387  through January 1, 2015, is extended and renewed for a period of
  388  2 years after its previously scheduled date of expiration. This
  389  extension includes any local government-issued development order
  390  or building permit including certificates of levels of service.
  391  This section does not prohibit conversion from the construction
  392  phase to the operation phase upon completion of construction.
  393  This extension is in addition to any existing permit extension,
  394  including extensions provided under s. 252.363, Florida
  395  Statutes, due to the declaration of a state of emergency by the
  396  Governor. Extensions granted pursuant to this section; section
  397  14 of chapter 2009-96, Laws of Florida, as reauthorized by
  398  section 47 of chapter 2010-147, Laws of Florida; section 46 of
  399  chapter 2010-147, Laws of Florida; or section 74 or section 79
  400  of chapter 2011-139, Laws of Florida, are limited to a total of
  401  5 years. Further, specific development order extensions granted
  402  pursuant to s. 380.06(19)(c)2., Florida Statutes, may not be
  403  further extended by this section.
  404         (2) The commencement and completion dates for any required
  405  mitigation associated with a phased construction project are
  406  extended so that mitigation takes place in the same timeframe
  407  relative to the phase as originally permitted.
  408         (3) The extension provided under subsection (1) does not
  409  apply to:
  410         (a) A permit or other authorization under any programmatic
  411  or regional general permit issued by the Army Corps of
  412  Engineers.
  413         (b) A permit or other authorization held by an owner or
  414  operator determined to be in significant noncompliance with the
  415  conditions of the permit or authorization as established through
  416  the issuance of a warning letter or notice of violation, the
  417  initiation of formal enforcement, or other equivalent action by
  418  the authorizing agency.
  419         (c) A permit or other authorization, if granted an
  420  extension, that would delay or prevent compliance with a court
  421  order.
  422         (4) Permits extended under this section shall continue to
  423  be governed by the rules in effect at the time the permit was
  424  issued, except if it is demonstrated that the rules in effect at
  425  the time the permit was issued would create an immediate threat
  426  to public safety or health. This provision applies to any
  427  modification of the plans, terms, and conditions of the permit
  428  which lessens the environmental impact, except that any such
  429  modification does not extend the time limit beyond 2 additional
  430  years.
  431         (5) This section does not impair the authority of a county
  432  or municipality to require a property owner that has notified
  433  the county or municipality of the owner’s intent to receive the
  434  extension of time granted pursuant to this section to maintain
  435  and secure his or her property in a safe and sanitary condition
  436  in compliance with applicable laws and ordinances.
  437         (6) The holder of a valid permit or other authorization
  438  that is extended by operation of this section shall notify the
  439  authorizing agency in writing by December 31, 2014, identifying
  440  the specific authorization or permit to which the extension
  441  applies and notifying the local government of the anticipated
  442  timeframe for acting on the authorization or permit. The
  443  extension granted by this section is self-executing, subject
  444  only to the holder providing the notice required by this
  445  section. Accordingly, a county or municipality may not assess a
  446  fee or processing charge as a condition of receipt of the
  447  extension.
  448         Section 17. This act shall take effect July 1, 2014.