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 requiring of
62 not less than a 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) A no variance may not shall be 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.