Florida Senate - 2014                CS for CS for CS for SB 956
       By the Committees on Appropriations; Community Affairs; and
       Environmental Preservation and Conservation; and Senator Bean
       576-04547-14                                           2014956c3
    1                        A bill to be entitled                      
    2         An act relating to environmental regulation; extending
    3         and renewing building permits and certain permits
    4         issued by the Department of Environmental Protection
    5         or a water management district, including any local
    6         government-issued development order or building permit
    7         issued pursuant thereto; limiting certain permit
    8         extensions to a specified period of time; extending
    9         commencement and completion dates for required
   10         mitigation associated with a phased construction
   11         project; requiring the holder of an extended permit or
   12         authorization to provide notice to the authorizing
   13         agency; providing exceptions to the extension and
   14         renewal of such permits; providing that extended
   15         permits are governed by certain rules; providing
   16         applicability; amending s. 161.053, F.S.; authorizing
   17         the Department of Environmental Protection to grant
   18         areawide permits for certain structures; requiring the
   19         department to adopt rules; amending s. 258.007, F.S.,
   20         prohibiting certain new concession agreements in state
   21         parks with limited shorelines; exempting existing
   22         accommodations; creating s. 258.435, F.S., requiring
   23         the department to promote the public use of aquatic
   24         preserves and their associated uplands; authorizing
   25         the department to receive gifts and donations for
   26         certain purposes; authorizing the department to grant
   27         privileges or concessions for the accommodation of
   28         visitors in and use of aquatic preserves and their
   29         associated uplands provided certain conditions are
   30         met; prohibiting a grantee from assigning or
   31         transferring such privileges or concessions without
   32         the department’s consent; requiring information on
   33         proposed concession agreements to be posted on the
   34         department’s website upon submittal and 60 days before
   35         execution; providing effective dates.
   37  Be It Enacted by the Legislature of the State of Florida:
   39         Section 1. (1) Any building permit, and any permit issued
   40  by the Department of Environmental Protection or by a water
   41  management district pursuant to part IV of chapter 373, Florida
   42  Statutes, which has an expiration date from January 1, 2014,
   43  through January 1, 2016, is extended and renewed for a period of
   44  2 years after its previously scheduled date of expiration. This
   45  extension includes any local government-issued development order
   46  or building permit including certificates of levels of service.
   47  This section does not prohibit conversion from the construction
   48  phase to the operation phase upon completion of construction.
   49  This extension is in addition to any existing permit extension.
   50  Extensions granted pursuant to this section; s. 14 of chapter
   51  2009-96, Laws of Florida, as reauthorized by s. 47 of chapter
   52  2010-147, Laws of Florida; s. 46 of chapter 2010-147, Laws of
   53  Florida; s. 73 or s. 79 of chapter 2011-139, Laws of Florida; or
   54  s. 24 of chapter 2012-205, Laws of Florida, may not exceed 4
   55  years in total. Further, specific development order extensions
   56  granted pursuant to s. 380.06(19)(c)2., Florida Statutes, may
   57  not be further extended by this section.
   58         (2) The commencement and completion dates for any required
   59  mitigation associated with a phased construction project are
   60  extended so that mitigation takes place in the same timeframe
   61  relative to the phase as originally permitted.
   62         (3) The holder of a valid permit or other authorization
   63  that is eligible for the 2-year extension must notify the
   64  authorizing agency in writing by December 31, 2014, identifying
   65  the specific authorization for which the holder intends to use
   66  the extension and the anticipated timeframe for acting on the
   67  authorization.
   68         (4) The extension provided in subsection (1) does not apply
   69  to:
   70         (a) A permit or other authorization under any programmatic
   71  or regional general permit issued by the Army Corps of
   72  Engineers.
   73         (b) A permit or other authorization held by an owner or
   74  operator determined to be in significant noncompliance with the
   75  conditions of the permit or authorization as established through
   76  the issuance of a warning letter or notice of violation, the
   77  initiation of formal enforcement, or other equivalent action by
   78  the authorizing agency.
   79         (c) A permit or other authorization, if granted an
   80  extension that would delay or prevent compliance with a court
   81  order.
   82         (5) Permits extended under this section shall continue to
   83  be governed by the rules in effect at the time the permit was
   84  issued unless it is demonstrated that the rules in effect at the
   85  time the permit was issued would create an immediate threat to
   86  public safety or health. This provision applies to any
   87  modification of the plans, terms, and conditions of the permit
   88  which lessens the environmental impact, except that any such
   89  modification does not extend the time limit beyond 2 additional
   90  years.
   91         (6) This section does not impair the authority of a county
   92  or municipality to require the owner of a property who has
   93  notified the county or municipality of the owner’s intent to
   94  receive the extension of time granted pursuant to this section
   95  to maintain and secure the property in a safe and sanitary
   96  condition in compliance with applicable laws and ordinances.
   97         Section 2. Subsection (3) of section 258.007, Florida
   98  Statutes, is amended to read:
   99         258.007 Powers of division.—
  100         (3)(a) The division may grant privileges, leases,
  101  concessions, and permits for the use of land for the
  102  accommodation of visitors in the various parks, monuments, and
  103  memorials, provided no natural curiosities or objects of
  104  interest shall be granted, leased, or rented on such terms as
  105  shall deny or interfere with free access to them by the public;
  106  provided further, such grants, leases, and permits may be made
  107  and given without advertisement or securing competitive bids;
  108  and provided further, that no such grant, lease, or permit shall
  109  be assigned or transferred by any grantee without consent of the
  110  division.
  111         (b) Notwithstanding paragraph (a), after May 1, 2014, the
  112  division may not grant new concession agreements for the
  113  accommodation of visitors in a state park that provides beach
  114  access and contains less than 7,000 linear feet of shoreline if
  115  the type of concession is available within 1,500 feet of the
  116  park’s boundaries. This paragraph does not apply to concession
  117  agreements for accommodations offered at the park on or before
  118  May 1, 2014. This paragraph shall take effect upon this act
  119  becoming a law.
  120         Section 3. Subsections (17) and (18) of section 161.053,
  121  Florida Statutes, are amended to read:
  122         161.053 Coastal construction and excavation; regulation on
  123  county basis.—
  124         (17) The department may grant areawide permits to local
  125  governments, other governmental agencies, and utility companies
  126  for special classes of activities in areas under their general
  127  jurisdiction or responsibility or for the construction of minor
  128  structures, if these activities or structures, due to the type,
  129  size, or temporary nature of the activity or structure, will not
  130  cause measurable interference with the natural functioning of
  131  the beach-dune system or with marine turtles or their nesting
  132  sites. Such activities or structures must comply with this
  133  section and may include, but are not limited to: road repairs,
  134  not including new construction; utility repairs and
  135  replacements, or other minor activities necessary to provide
  136  utility services; beach cleaning; dune restoration; on-grade
  137  walkovers for enhancing accessibility or usage in compliance
  138  with the Americans with Disabilities Act; and emergency
  139  response. The department shall may adopt rules to establish
  140  criteria and guidelines for permit applicants. The department
  141  shall consult with the Florida Fish and Wildlife Conservation
  142  Commission on each proposed areawide permit and must require
  143  notice provisions appropriate to the type and nature of the
  144  activities for which the areawide permits are sought.
  145         (18)(a) The department may grant general permits for
  146  projects, including dune restoration, dune walkovers, decks,
  147  fences, landscaping, sidewalks, driveways, pool resurfacing,
  148  minor pool repairs, and other nonhabitable structures, if the
  149  projects, due to type, size, or temporary nature, will not cause
  150  a measurable interference with the natural functioning of the
  151  beach-dune system or with marine turtles or their nesting sites.
  152  Multifamily habitable structures do not qualify for general
  153  permits. However, single-family habitable structures and
  154  swimming pools associated with such single-family habitable
  155  structures that do not advance the line of existing construction
  156  and satisfy all siting and design requirements of this section
  157  and minor reconstruction for existing coastal armoring
  158  structures may be eligible for a general permit.
  159         (b) The department shall may adopt rules to establish
  160  criteria and guidelines for permit applicants.
  161         (c)(a) Persons wishing to use the general permits must, at
  162  least 30 days before beginning any work, notify the department
  163  in writing on forms adopted by the department. The notice must
  164  include a description of the proposed project and supporting
  165  documents depicting the proposed project, its location, and
  166  other pertinent information as required by rule, to demonstrate
  167  that the proposed project qualifies for the requested general
  168  permit. Persons who undertake projects without proof of notice
  169  to the department, but whose projects would otherwise qualify
  170  for general permits, shall be considered to have undertaken a
  171  project without a permit and are subject to enforcement pursuant
  172  to s. 161.121.
  173         (d)(b) Persons wishing to use a general permit must provide
  174  notice as required by the applicable local building code where
  175  the project will be located. If a building code does not require
  176  requires no notice, a any person wishing to use a general permit
  177  must, at a minimum, post a sign describing the project on the
  178  property at least 5 days before commencing construction. The
  179  sign must be at least 88 square inches, with letters no smaller
  180  than one-quarter inch.
  181         Section 4. Section 258.435, Florida Statutes, is created to
  182  read:
  183         258.435 Use of aquatic preserves for the accommodation of
  184  visitors.—
  185         (1) The Department of Environmental Protection shall
  186  promote the public use of aquatic preserves and their associated
  187  uplands. The department may receive gifts and donations to carry
  188  out the purposes of this part. Money received in trust by the
  189  department by gift, devise, appropriation, or otherwise, subject
  190  to the terms of such trust, shall be deposited into the Land
  191  Acquisition Trust Fund and appropriated to the department for
  192  the administration, development, improvement, promotion, and
  193  maintenance of aquatic preserves and their associated uplands
  194  and for any future acquisition or development of aquatic
  195  preserves and their associated uplands.
  196         (2) The department may grant a privilege or concession for
  197  the accommodation of visitors in and the use of aquatic
  198  preserves and their associated state-owned uplands if the
  199  privilege or concession does not deny or interfere with the
  200  public’s access to such lands and is compatible with the aquatic
  201  preserve’s management plan as approved by the Acquisition and
  202  Restoration Council. A concession must be granted based on
  203  business plans, qualifications, approach, and specified
  204  expectations or criteria. A privilege or concession may not be
  205  assigned or transferred by the grantee without the consent of
  206  the department.
  207         (3) In order to provide transparency to the public,
  208  information on proposed concession agreements will be posted on
  209  the department’s website upon submission to the department and
  210  60 days before execution. The public shall be afforded the
  211  opportunity to comment on proposed concession agreements before
  212  execution.
  213         Section 5. This act shall take effect July 1, 2014.