Florida Senate - 2014 CS for SB 1464 By the Committee on Environmental Preservation and Conservation; and Senator Simpson 592-03288A-14 20141464c1 1 A bill to be entitled 2 An act relating to environmental regulation; amending 3 s. 163.3184, F.S.; revising procedures for the 4 transmittal and adoption of a comprehensive plan or 5 plan amendment; providing applicability; amending s. 6 253.0347, F.S.; exempting certain lessees of 7 sovereignty submerged lands from lease renewal 8 processing fees under certain circumstances; amending 9 s. 373.236, F.S.; specifying the authorized duration 10 of consumptive use permits for certain developments; 11 amending s. 373.308, F.S.; encouraging certain 12 counties to establish water well construction advisory 13 boards; specifying the recommended composition of such 14 boards; amending s. 373.4136, F.S.; providing that 15 proof of insurance satisfies a specified requirement 16 to obtain a mitigation bank permit; requiring the 17 Department of Environmental Protection and water 18 management districts to adopt certain rules by a 19 specified date; amending s. 373.709, F.S.; requiring 20 that certain criteria be incorporated into a regional 21 water supply plan; amending s. 380.276, F.S.; 22 authorizing the Department of Environmental Protection 23 to approve additional beach safety and warning devices 24 to be used in conjunction with uniform warning and 25 safety flags; amending s. 403.201, F.S.; providing 26 applicability of the prohibition against certain 27 variances from regulations concerning discharges of 28 waste into waters of the state or concerning hazardous 29 waste management; amending s. 403.709, F.S.; 30 establishing a solid waste landfill closure account 31 within the Solid Waste Management Trust Fund for 32 specified purposes; requiring the Department of 33 Environmental Protection to deposit specified funds 34 into the account; extending and renewing building 35 permits and certain permits issued by the Department 36 of Environmental Protection or a water management 37 district, including any local government-issued 38 development order or building permit issued pursuant 39 thereto; limiting certain permit extensions to a 40 specified period of time; extending commencement and 41 completion dates for required mitigation associated 42 with a phased construction project; requiring the 43 holder of an extended permit or authorization to 44 provide notice to the authorizing agency; providing 45 exceptions to the extension and renewal of such 46 permits; providing that extended permits are governed 47 by certain rules; providing exceptions; providing 48 applicability; providing an effective date. 49 50 Be It Enacted by the Legislature of the State of Florida: 51 52 Section 1. Paragraph (a) of subsection (11) of section 53 163.3184, Florida Statutes, is amended to read: 54 163.3184 Process for adoption of comprehensive plan or plan 55 amendment.— 56 (11) PUBLIC HEARINGS.— 57 (a) The procedure for transmittal of a complete proposed 58 comprehensive plan or plan amendment pursuant to subparagraph 59 (3)(b)1. and paragraph (4)(b) and for adoption of a 60 comprehensive plan or plan amendment pursuant to subparagraphs 61 (3)(c)1. and (4)(e)1. shall be by affirmative vote requiringof62not less thana simple majority of the members of the governing 63 body present at the hearing except in counties that have 64 approved by countywide election a charter provision requiring an 65 affirmative vote of more than a simple majority. The adoption of 66 a comprehensive plan or plan amendment shall be by ordinance. 67 For the purposes of transmitting or adopting a comprehensive 68 plan or plan amendment, the notice requirements in chapters 125 69 and 166 are superseded by this subsection, except as provided in 70 this part. 71 Section 2. Paragraph (g) is added to subsection (2) of 72 section 253.0347, Florida Statutes, to read: 73 253.0347 Lease of sovereignty submerged lands for private 74 residential docks and piers.— 75 (2) 76 (g) A lessee of sovereignty submerged lands for a private 77 residential multifamily dock is not required to pay a lease 78 renewal processing fee when the preempted area equal to or less 79 than 10 times the riparian shoreline along sovereignty submerged 80 land on the affected waterbody times the number of units with 81 docks in the private multifamily development calculation of base 82 lease fee results in no annual fee assessment. 83 Section 3. Subsection (8) is added to section 373.236, 84 Florida Statutes, to read: 85 373.236 Duration of permits; compliance reports.— 86 (8) Water management districts and the department may grant 87 a permit for a period of up to 30 years for a development of 88 regional impact that is approved pursuant to s. 380.06 and 89 located in a rural area of critical economic concern as defined 90 in s. 288.0656. 91 Section 4. Subsection (5) is added to section 373.308, 92 Florida Statutes, to read: 93 373.308 Implementation of programs for regulating water 94 wells.— 95 (5) The Legislature encourages any county that imposes 96 additional or more stringent water well design construction 97 criteria, standards, or fees than the department or the water 98 management districts to establish a Water Well Construction 99 Advisory Board to coordinate and implement well construction 100 criteria and standards, permitting, and aquifer protection 101 programs. The board should include licensed water well 102 contractors, county health department staff, water management 103 district staff, and a representative of the Florida Ground Water 104 Association. 105 Section 5. Subsection (1) of section 373.4136, Florida 106 Statutes, is amended to read: 107 373.4136 Establishment and operation of mitigation banks.— 108 (1) MITIGATION BANK PERMITS.—The department and the water 109 management districts may require permits to authorize the 110 establishment and use of mitigation banks. A mitigation bank 111 permit shall also constitute authorization to construct, alter, 112 operate, maintain, abandon, or remove any surface water 113 management system necessary to establish and operate the 114 mitigation bank. To obtain a mitigation bank permit, the 115 applicant must provide reasonable assurance that: 116 (a) The proposed mitigation bank will improve ecological 117 conditions of the regional watershed; 118 (b) The proposed mitigation bank will provide viable and 119 sustainable ecological and hydrological functions for the 120 proposed mitigation service area; 121 (c) The proposed mitigation bank will be effectively 122 managed in perpetuity; 123 (d) The proposed mitigation bank will not destroy areas 124 with high ecological value; 125 (e) The proposed mitigation bank will achieve mitigation 126 success; 127 (f) The proposed mitigation bank will be adjacent to lands 128 that will not adversely affect the perpetual viability of the 129 mitigation bank due to unsuitable land uses or conditions; 130 (g) Any surface water management system to be constructed, 131 altered, operated, maintained, abandoned, or removed within the 132 mitigation bank will meet the requirements of this part and the 133 rules adopted thereunder; 134 (h) It has sufficient legal or equitable interest in the 135 property to ensure perpetual protection and management of the 136 land within a mitigation bank; and 137 (i) It can meet the financial responsibility requirements 138 prescribed for mitigation banks. The applicant may satisfy this 139 requirement by submitting proof of insurance in a form approved 140 by the department or the water management district. 141 Section 6. By January 1, 2015, the Department of 142 Environmental Protection and each water management district 143 shall adopt rules to implement the amendment made by this act to 144 s. 373.4136(1), Florida Statutes. 145 Section 7. Present subsection (9) of section 373.709, 146 Florida Statutes, is redesignated as subsection (10), and a new 147 subsection (9) is added to that section, to read: 148 373.709 Regional water supply planning.— 149 (9) The water needs, water sources, water resource 150 development projects, and water supply development projects 151 identified in a long-term master plan adopted pursuant to s. 152 163.3245 or a master plan development order issued under s. 153 380.06(21) must be incorporated into a regional water supply 154 plan adopted pursuant to this section. 155 Section 8. Subsection (7) of section 380.276, Florida 156 Statutes, is amended to read: 157 380.276 Beaches and coastal areas; display of uniform 158 warning and safety flags at public beaches; placement of uniform 159 notification signs; beach safety education.— 160 (7) The Department of Environmental Protection, through the 161 Florida Coastal Management Program, may also develop and make 162 available to the public other educational information and 163 materials related to beach safety, and is authorized to approve 164 the use by state agencies and local governments of additional 165 safety and warning devices to be used in conjunction with the 166 display of uniform warning and safety flags at public beaches. 167 Section 9. Subsection (2) of section 403.201, Florida 168 Statutes, is amended to read: 169 403.201 Variances.— 170 (2) Anovariance may notshallbe granted from any 171 provision or requirement concerning discharges of waste into 172 waters of the state or hazardous waste management which would 173 result in the provision or requirement being less stringent than 174 a comparable federal provision or requirement, except as 175 provided in s. 403.70715. The department may grant relief 176 mechanisms in federally delegated or approved permitting 177 programs if the action is not inconsistent with the implemented 178 federal program. 179 Section 10. Subsection (5) is added to section 403.709, 180 Florida Statutes, to read: 181 403.709 Solid Waste Management Trust Fund; use of waste 182 tire fees.—There is created the Solid Waste Management Trust 183 Fund, to be administered by the department. 184 (5)(a) Notwithstanding subsection (1), a solid waste 185 landfill closure account is established within the Solid Waste 186 Management Trust Fund to provide funding for the closing and 187 long-term care of solid waste management facilities. The 188 department may use funds from the account to contract with a 189 third party for the closing and long-term care of a solid waste 190 management facility if: 191 1. The facility has or had a department permit to operate 192 the facility. 193 2. The permittee provided proof of financial assurance for 194 closure in the form of an insurance certificate. 195 3. The facility is deemed to be abandoned or was ordered to 196 close by the department. 197 4. Closure is accomplished in substantial accordance with a 198 closure plan approved by the department. 199 5. The department has written documentation that the 200 insurance company issuing the closure insurance policy will 201 provide or reimburse the funds required to complete closing and 202 long-term care of the facility. 203 (b) The department shall deposit funds received from an 204 insurance company as reimbursement for the costs of closing and 205 long-term care of a facility into the solid waste landfill 206 closure account. 207 Section 11. (1) Any building permit, and any permit issued 208 by the Department of Environmental Protection or by a water 209 management district pursuant to part IV of chapter 373, Florida 210 Statutes, which has an expiration date from January 1, 2014, 211 through January 1, 2016, is extended and renewed for a period of 212 2 years after its previously scheduled date of expiration. This 213 extension includes any local government-issued development order 214 or building permit including certificates of levels of service. 215 This section does not prohibit conversion from the construction 216 phase to the operation phase upon completion of construction. 217 This extension is in addition to any existing permit extension. 218 Extensions granted pursuant to this section; s. 14 of chapter 219 2009-96, Laws of Florida, as reauthorized by s. 47 of chapter 220 2010-147, Laws of Florida; s. 46 of chapter 2010-147, Laws of 221 Florida; s. 73 or s. 79 of chapter 2011-139, Laws of Florida; or 222 s. 24 of chapter 2012-205, Laws of Florida, may not exceed 4 223 years in total. Further, specific development order extensions 224 granted pursuant to s. 380.06(19)(c)2., Florida Statutes, may 225 not be further extended by this section. 226 (2) The commencement and completion dates for any required 227 mitigation associated with a phased construction project are 228 extended so that mitigation takes place in the same timeframe 229 relative to the phase as originally permitted. 230 (3) The holder of a valid permit or other authorization 231 that is eligible for the 2-year extension must notify the 232 authorizing agency in writing by December 31, 2014, identifying 233 the specific authorization for which the holder intends to use 234 the extension and the anticipated timeframe for acting on the 235 authorization. 236 (4) The extension provided in subsection (1) does not apply 237 to: 238 (a) A permit or other authorization under any programmatic 239 or regional general permit issued by the Army Corps of 240 Engineers. 241 (b) A permit or other authorization held by an owner or 242 operator determined to be in significant noncompliance with the 243 conditions of the permit or authorization as established through 244 the issuance of a warning letter or notice of violation, the 245 initiation of formal enforcement, or other equivalent action by 246 the authorizing agency. 247 (c) A permit or other authorization, if granted an 248 extension that would delay or prevent compliance with a court 249 order. 250 (5) Permits extended under this section shall continue to 251 be governed by the rules in effect at the time the permit was 252 issued unless it is demonstrated that the rules in effect at the 253 time the permit was issued would create an immediate threat to 254 public safety or health, or unless any such rule is superseded 255 by laws in effect after July 1, 2014. This provision applies to 256 any modification of the plans, terms, and conditions of the 257 permit which lessens the environmental impact, except that any 258 such modification does not extend the time limit beyond 2 259 additional years. 260 (6) This section does not impair the authority of a county 261 or municipality to require the owner of a property who has 262 notified the county or municipality of the owner’s intent to 263 receive the extension of time granted pursuant to this section 264 to maintain and secure the property in a safe and sanitary 265 condition in compliance with applicable laws and ordinances. 266 Section 12. This act shall take effect July 1, 2014.