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.
   50  Be It Enacted by the Legislature of the State of Florida:
   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.