Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 1308
       
       
       
       
       
       
                                Ì908716;Î908716                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             03/09/2018 02:30 PM       .                                
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       Senator Perry moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 117 - 956
    4  and insert:
    5         Section 2. Subsection (7) is added to section 373.413,
    6  Florida Statutes, to read:
    7         373.413 Permits for construction or alteration.—
    8         (7)(a)The governing board or department shall reissue the
    9  construction phase of an expired individual permit upon a
   10  demonstration by an applicant that:
   11         1.The applicant could not reasonably be expected to
   12  complete the original permitted activity within the original
   13  permit period;
   14         2.The applicant can meet the plans, terms, and conditions
   15  of the original permit for the duration of the reissued permit
   16  period;
   17         3.The site conditions or significant information regarding
   18  the site or activity have not changed since the original permit
   19  was issued to an extent that the permitted activity would create
   20  additional adverse impacts; and
   21         4.No more than 3 years have passed since the expiration of
   22  the original permit.
   23         (b)A new property owner may apply for reissuance of the
   24  construction phase of an expired individual permit. The new
   25  owner must demonstrate the criteria required in paragraph (a)
   26  and provide sufficient evidence of ownership pursuant to
   27  governing board or department rule.
   28         (c)An applicant for the reissuance of the construction
   29  phase of an expired individual permit must submit to the
   30  governing board or department, in writing or electronically:
   31         1.The applicant’s name and contact information;
   32         2.The permit number;
   33         3.A clear statement explaining why the permitted activity
   34  could not be completed within the original permit period; and
   35         4.A certification from a professional registered in or
   36  licensed by the state and practicing under chapter 471, chapter
   37  472, chapter 481, or chapter 492 that:
   38         a.The permitted activity remains consistent with plans,
   39  terms, and conditions of the original permit and the rules of
   40  the governing board or department that were in effect when the
   41  original permit was issued.
   42         b.The site conditions or significant information regarding
   43  the site or activity have not changed since the original permit
   44  was issued to an extent that the permitted activity would create
   45  additional adverse impacts.
   46         (d)The department, in coordination with the water
   47  management districts, may adopt rules to administer this
   48  subsection.
   49         Section 3. Subsection (1) of section 403.064, Florida
   50  Statutes, is amended, and subsection (17) is added to that
   51  section, to read:
   52         403.064 Reuse of reclaimed water.—
   53         (1) The encouragement and promotion of water conservation,
   54  and reuse of reclaimed water, as defined by the department, are
   55  state objectives and are considered to be in the public
   56  interest. The Legislature finds that the reuse of reclaimed
   57  water is a critical component of meeting the state’s existing
   58  and future water supply needs while sustaining natural systems.
   59  The Legislature further finds that for those wastewater
   60  treatment plants permitted and operated under an approved reuse
   61  program by the department, the reclaimed water shall be
   62  considered environmentally acceptable and not a threat to public
   63  health and safety. The Legislature encourages the development of
   64  aquifer recharge and incentive-based programs for reuse
   65  implementation.
   66         (17)The department and the water management districts
   67  shall develop and enter into a memorandum of agreement providing
   68  for a coordinated review of any reclaimed water project
   69  requiring a reclaimed water facility permit, an underground
   70  injection control permit, and a consumptive use permit. The
   71  memorandum of agreement must provide that the coordinated review
   72  is performed only if the applicant for such permits requests a
   73  coordinated review. The goal of the coordinated review is to
   74  share information, avoid requesting the applicant to submit
   75  redundant information, and ensure, to the extent feasible, a
   76  harmonized review of the reclaimed water project under these
   77  various permitting programs, including the use of a proposed
   78  impact offset or substitution credit in accordance with s.
   79  373.250(5). The department and the water management districts
   80  must develop and execute such memorandum of agreement no later
   81  than December 1, 2018.
   82         Section 4. Present subsection (22) of section 403.706,
   83  Florida Statutes, is renumbered as subsection (23), and a new
   84  subsection (22) is added to that section, to read:
   85         403.706 Local government solid waste responsibilities.—
   86         (22)Counties and municipalities must address the
   87  contamination of recyclable material in contracts for the
   88  collection, transportation, and processing of residential
   89  recyclable material based upon the following:
   90         (a)A residential recycling collector may not be required
   91  to collect or transport contaminated recyclable material, except
   92  pursuant to a contract consistent with paragraph (c). As used in
   93  this subsection, the term “residential recycling collector”
   94  means a for-profit business entity that collects and transports
   95  residential recyclable material on behalf of a county or
   96  municipality.
   97         (b)A recovered materials processing facility may not be
   98  required to process contaminated recyclable material, except
   99  pursuant to a contract consistent with paragraph (d).
  100         (c)Each contract between a residential recycling collector
  101  and a county or municipality for the collection or transport of
  102  residential recyclable material, and each request for proposal
  103  or other solicitation for the collection of residential
  104  recyclable material, must define the term “contaminated
  105  recyclable material.” The term should be defined in a manner
  106  that is appropriate for the local community, taking into
  107  consideration available markets for recyclable material,
  108  available waste composition studies, and other relevant factors.
  109  The contract and request for proposal or other solicitation must
  110  include:
  111         1.The respective strategies and obligations of the county
  112  or municipality and the residential recycling collector to
  113  reduce the amount of contaminated recyclable material being
  114  collected;
  115         2.The procedures for identifying, documenting, managing,
  116  and rejecting residential recycling containers, truck loads,
  117  carts, or bins that contain contaminated recyclable material;
  118         3.The remedies authorized to be used if a container, cart,
  119  or bin contains contaminated recyclable material; and
  120         4.The education and enforcement measures that will be used
  121  to reduce the amount of contaminated recyclable material.
  122         (d)Each contract between a recovered materials processing
  123  facility and a county or municipality for processing residential
  124  recyclable material, and each request for proposal or other
  125  solicitation for processing residential recyclable material,
  126  must define the term “contaminated recyclable material.” The
  127  term should be defined in a manner that is appropriate for the
  128  local community, taking into consideration available markets for
  129  recyclable material, available waste composition studies, and
  130  other relevant factors. The contract and request for proposal
  131  must include:
  132         1.The respective strategies and obligations of the county
  133  or municipality and the facility to reduce the amount of
  134  contaminated recyclable material being collected and processed;
  135         2.The procedures for identifying, documenting, managing,
  136  and rejecting residential recycling containers, truck loads,
  137  carts, or bins that contain contaminated recyclable material;
  138  and
  139         3.The remedies authorized to be used if a container or
  140  truck load contains contaminated recyclable material.
  141         (e)This subsection applies to each contract between a
  142  municipality or county and a residential recycling collector or
  143  recovered materials processing facility executed or renewed
  144  after July 1, 2018.
  145         (f)This subsection applies only to the collection and
  146  processing of material obtained from residential recycling
  147  activities. As used in this subsection, the term “contaminated
  148  recyclable material” refers only to recyclable material that is
  149  comingled or mixed with solid waste or other nonhazardous
  150  material. The term does not include contamination as that term
  151  or a derivation of that term is used in chapter 376 and other
  152  sections of chapter 403, including, but not limited to,
  153  brownfield site cleanup, water quality remediation, dry cleaning
  154  solvent contaminated site cleanup, petroleum contaminated site
  155  cleanup, cattle dipping vat site cleanup, or other hazardous
  156  waste remediation.
  157         Section 5. Subsection (1) of section 403.813, Florida
  158  Statutes, is amended to read:
  159         403.813 Permits issued at district centers; exceptions.—
  160         (1) A permit is not required under this chapter, chapter
  161  373, chapter 61-691, Laws of Florida, or chapter 25214 or
  162  chapter 25270, 1949, Laws of Florida, and a local government may
  163  not require a person claiming this exception to provide further
  164  department verification, for activities associated with the
  165  following types of projects; however, except as otherwise
  166  provided in this subsection, this subsection does not relieve an
  167  applicant from any requirement to obtain permission to use or
  168  occupy lands owned by the Board of Trustees of the Internal
  169  Improvement Trust Fund or a water management district in its
  170  governmental or proprietary capacity or from complying with
  171  applicable local pollution control programs authorized under
  172  this chapter or other requirements of county and municipal
  173  governments:
  174         (a) The installation of overhead transmission lines, having
  175  with support structures that which are not constructed in waters
  176  of the state and which do not create a navigational hazard.
  177         (b) The installation and repair of mooring pilings and
  178  dolphins associated with private docking facilities or piers and
  179  the installation of private docks, piers, and recreational
  180  docking facilities, or piers and recreational docking facilities
  181  of local governmental entities when the local governmental
  182  entity’s activities will not take place in any manatee habitat,
  183  any of which docks:
  184         1. Has 500 square feet or less of over-water surface area
  185  for a dock which is located in an area designated as Outstanding
  186  Florida Waters or 1,000 square feet or less of over-water
  187  surface area for a dock which is located in an area that which
  188  is not designated as Outstanding Florida Waters;
  189         2. Is constructed on or held in place by pilings or is a
  190  floating dock which is constructed so as not to involve filling
  191  or dredging other than that necessary to install the pilings;
  192         3. May Shall not substantially impede the flow of water or
  193  create a navigational hazard;
  194         4. Is used for recreational, noncommercial activities
  195  associated with the mooring or storage of boats and boat
  196  paraphernalia; and
  197         5. Is the sole dock constructed pursuant to this exemption
  198  as measured along the shoreline for a distance of 65 feet,
  199  unless the parcel of land or individual lot as platted is less
  200  than 65 feet in length along the shoreline, in which case there
  201  may be one exempt dock allowed per parcel or lot.
  202  
  203  Nothing in This paragraph does not shall prohibit the department
  204  from taking appropriate enforcement action pursuant to this
  205  chapter to abate or prohibit any activity otherwise exempt from
  206  permitting pursuant to this paragraph if the department can
  207  demonstrate that the exempted activity has caused water
  208  pollution in violation of this chapter.
  209         (c) The installation and maintenance to design
  210  specifications of boat ramps on artificial bodies of water where
  211  navigational access to the proposed ramp exists or the
  212  installation of boat ramps open to the public in any waters of
  213  the state where navigational access to the proposed ramp exists
  214  and where the construction of the proposed ramp will be less
  215  than 30 feet wide and will involve the removal of less than 25
  216  cubic yards of material from the waters of the state, and the
  217  maintenance to design specifications of such ramps; however, the
  218  material to be removed shall be placed upon a self-contained
  219  upland site so as to prevent the escape of the spoil material
  220  into the waters of the state.
  221         (d) The replacement or repair of existing docks and piers,
  222  except that fill material may not be used and the replacement or
  223  repaired dock or pier must be within 5 feet of the same location
  224  and no larger in size than the existing dock or pier, and no
  225  additional aquatic resources may be adversely and permanently
  226  impacted by such replacement or repair in the same location and
  227  of the same configuration and dimensions as the dock or pier
  228  being replaced or repaired. This does not preclude the use of
  229  different construction materials or minor deviations to allow
  230  upgrades to current structural and design standards.
  231         (e) The restoration of seawalls at their previous locations
  232  or upland of, or within 18 inches waterward of, their previous
  233  locations. However, this may shall not affect the permitting
  234  requirements of chapter 161, and department rules shall clearly
  235  indicate that this exception does not constitute an exception
  236  from the permitting requirements of chapter 161.
  237         (f) The performance of maintenance dredging of existing
  238  manmade canals, channels, intake and discharge structures, and
  239  previously dredged portions of natural water bodies within
  240  drainage rights-of-way or drainage easements which have been
  241  recorded in the public records of the county, where the spoil
  242  material is to be removed and deposited on a self-contained,
  243  upland spoil site which will prevent the escape of the spoil
  244  material into the waters of the state, provided that no more
  245  dredging is to be performed than is necessary to restore the
  246  canals, channels, and intake and discharge structures, and
  247  previously dredged portions of natural water bodies, to original
  248  design specifications or configurations, provided that the work
  249  is conducted in compliance with s. 379.2431(2)(d), provided that
  250  no significant impacts occur to previously undisturbed natural
  251  areas, and provided that control devices for return flow and
  252  best management practices for erosion and sediment control are
  253  utilized to prevent bank erosion and scouring and to prevent
  254  turbidity, dredged material, and toxic or deleterious substances
  255  from discharging into adjacent waters during maintenance
  256  dredging. Further, for maintenance dredging of previously
  257  dredged portions of natural water bodies within recorded
  258  drainage rights-of-way or drainage easements, an entity that
  259  seeks an exemption must notify the department or water
  260  management district, as applicable, at least 30 days before
  261  prior to dredging and provide documentation of original design
  262  specifications or configurations where such exist. This
  263  exemption applies to all canals and previously dredged portions
  264  of natural water bodies within recorded drainage rights-of-way
  265  or drainage easements constructed before prior to April 3, 1970,
  266  and to those canals and previously dredged portions of natural
  267  water bodies constructed on or after April 3, 1970, pursuant to
  268  all necessary state permits. This exemption does not apply to
  269  the removal of a natural or manmade barrier separating a canal
  270  or canal system from adjacent waters. When no previous permit
  271  has been issued by the Board of Trustees of the Internal
  272  Improvement Trust Fund or the United States Army Corps of
  273  Engineers for construction or maintenance dredging of the
  274  existing manmade canal or intake or discharge structure, such
  275  maintenance dredging shall be limited to a depth of no more than
  276  5 feet below mean low water. The Board of Trustees of the
  277  Internal Improvement Trust Fund may fix and recover from the
  278  permittee an amount equal to the difference between the fair
  279  market value and the actual cost of the maintenance dredging for
  280  material removed during such maintenance dredging. However, no
  281  charge shall be exacted by the state for material removed during
  282  such maintenance dredging by a public port authority. The
  283  removing party may subsequently sell such material; however,
  284  proceeds from such sale that exceed the costs of maintenance
  285  dredging shall be remitted to the state and deposited in the
  286  Internal Improvement Trust Fund.
  287         (g) The maintenance of existing insect control structures,
  288  dikes, and irrigation and drainage ditches, provided that spoil
  289  material is deposited on a self-contained, upland spoil site
  290  which will prevent the escape of the spoil material into waters
  291  of the state. In the case of insect control structures, if the
  292  cost of using a self-contained upland spoil site is so
  293  excessive, as determined by the Department of Health, pursuant
  294  to s. 403.088(1), that it will inhibit proposed insect control,
  295  then-existing spoil sites or dikes may be used, upon
  296  notification to the department. In the case of insect control
  297  where upland spoil sites are not used pursuant to this
  298  exemption, turbidity control devices shall be used to confine
  299  the spoil material discharge to that area previously disturbed
  300  when the receiving body of water is used as a potable water
  301  supply, is designated as shellfish harvesting waters, or
  302  functions as a habitat for commercially or recreationally
  303  important shellfish or finfish. In all cases, no more dredging
  304  is to be performed than is necessary to restore the dike or
  305  irrigation or drainage ditch to its original design
  306  specifications.
  307         (h) The repair or replacement of existing functional pipes
  308  or culverts the purpose of which is the discharge or conveyance
  309  of stormwater. In all cases, the invert elevation, the diameter,
  310  and the length of the culvert may shall not be changed. However,
  311  the material used for the culvert may be different from the
  312  original.
  313         (i) The construction of private docks of 1,000 square feet
  314  or less of over-water surface area and seawalls in artificially
  315  created waterways where such construction will not violate
  316  existing water quality standards, impede navigation, or affect
  317  flood control. This exemption does not apply to the construction
  318  of vertical seawalls in estuaries or lagoons unless the proposed
  319  construction is within an existing manmade canal where the
  320  shoreline is currently occupied in whole or part by vertical
  321  seawalls.
  322         (j) The construction and maintenance of swales.
  323         (k) The installation of aids to navigation and buoys
  324  associated with such aids, provided the devices are marked
  325  pursuant to s. 327.40.
  326         (l) The replacement or repair of existing open-trestle foot
  327  bridges and vehicular bridges that are 100 feet or less in
  328  length and two lanes or less in width, provided that no more
  329  dredging or filling of submerged lands is performed other than
  330  that which is necessary to replace or repair pilings and that
  331  the structure to be replaced or repaired is the same length, the
  332  same configuration, and in the same location as the original
  333  bridge. No debris from the original bridge shall be allowed to
  334  remain in the waters of the state.
  335         (m) The installation of subaqueous transmission and
  336  distribution lines laid on, or embedded in, the bottoms of
  337  waters in the state, except in Class I and Class II waters and
  338  aquatic preserves, provided no dredging or filling is necessary.
  339         (n) The replacement or repair of subaqueous transmission
  340  and distribution lines laid on, or embedded in, the bottoms of
  341  waters of the state.
  342         (o) The construction of private seawalls in wetlands or
  343  other surface waters where such construction is between and
  344  adjoins at both ends existing seawalls; follows a continuous and
  345  uniform seawall construction line with the existing seawalls; is
  346  no more than 150 feet in length; and does not violate existing
  347  water quality standards, impede navigation, or affect flood
  348  control. However, in estuaries and lagoons the construction of
  349  vertical seawalls is limited to the circumstances and purposes
  350  stated in s. 373.414(5)(b)1.-4. This paragraph does not affect
  351  the permitting requirements of chapter 161, and department rules
  352  must clearly indicate that this exception does not constitute an
  353  exception from the permitting requirements of chapter 161.
  354         (p) The restoration of existing insect control impoundment
  355  dikes which are less than 100 feet in length. Such impoundments
  356  shall be connected to tidally influenced waters for 6 months
  357  each year beginning September 1 and ending February 28 if
  358  feasible or operated in accordance with an impoundment
  359  management plan approved by the department. A dike restoration
  360  may involve no more dredging than is necessary to restore the
  361  dike to its original design specifications. For the purposes of
  362  this paragraph, restoration does not include maintenance of
  363  impoundment dikes of operating insect control impoundments.
  364         (q) The construction, operation, or maintenance of
  365  stormwater management facilities which are designed to serve
  366  single-family residential projects, including duplexes,
  367  triplexes, and quadruplexes, if they are less than 10 acres
  368  total land and have less than 2 acres of impervious surface and
  369  if the facilities:
  370         1. Comply with all regulations or ordinances applicable to
  371  stormwater management and adopted by a city or county;
  372         2. Are not part of a larger common plan of development or
  373  sale; and
  374         3. Discharge into a stormwater discharge facility exempted
  375  or permitted by the department under this chapter which has
  376  sufficient capacity and treatment capability as specified in
  377  this chapter and is owned, maintained, or operated by a city,
  378  county, special district with drainage responsibility, or water
  379  management district; however, this exemption does not authorize
  380  discharge to a facility without the facility owner’s prior
  381  written consent.
  382         (r) The removal of aquatic plants, the removal of tussocks,
  383  the associated replanting of indigenous aquatic plants, and the
  384  associated removal from lakes of organic detrital material when
  385  such planting or removal is performed and authorized by permit
  386  or exemption granted under s. 369.20 or s. 369.25, provided
  387  that:
  388         1. Organic detrital material that exists on the surface of
  389  natural mineral substrate shall be allowed to be removed to a
  390  depth of 3 feet or to the natural mineral substrate, whichever
  391  is less;
  392         2. All material removed pursuant to this paragraph shall be
  393  deposited in an upland site in a manner that will prevent the
  394  reintroduction of the material into waters in the state except
  395  when spoil material is permitted to be used to create wildlife
  396  islands in freshwater bodies of the state when a governmental
  397  entity is permitted pursuant to s. 369.20 to create such islands
  398  as a part of a restoration or enhancement project;
  399         3. All activities are performed in a manner consistent with
  400  state water quality standards; and
  401         4. No activities under this exemption are conducted in
  402  wetland areas, as defined in s. 373.019(27), which are supported
  403  by a natural soil as shown in applicable United States
  404  Department of Agriculture county soil surveys, except when a
  405  governmental entity is permitted pursuant to s. 369.20 to
  406  conduct such activities as a part of a restoration or
  407  enhancement project.
  408  
  409  The department may not adopt implementing rules for this
  410  paragraph, notwithstanding any other provision of law.
  411         (s) The construction, installation, operation, or
  412  maintenance of floating vessel platforms or floating boat lifts,
  413  provided that such structures:
  414         1. Float at all times in the water for the sole purpose of
  415  supporting a vessel so that the vessel is out of the water when
  416  not in use;
  417         2. Are wholly contained within a boat slip previously
  418  permitted under ss. 403.91-403.929, 1984 Supplement to the
  419  Florida Statutes 1983, as amended, or part IV of chapter 373, or
  420  do not exceed a combined total of 500 square feet, or 200 square
  421  feet in an Outstanding Florida Water, when associated with a
  422  dock that is exempt under this subsection or associated with a
  423  permitted dock with no defined boat slip or attached to a
  424  bulkhead on a parcel of land where there is no other docking
  425  structure;
  426         3. Are not used for any commercial purpose or for mooring
  427  vessels that remain in the water when not in use, and do not
  428  substantially impede the flow of water, create a navigational
  429  hazard, or unreasonably infringe upon the riparian rights of
  430  adjacent property owners, as defined in s. 253.141;
  431         4. Are constructed and used so as to minimize adverse
  432  impacts to submerged lands, wetlands, shellfish areas, aquatic
  433  plant and animal species, and other biological communities,
  434  including locating such structures in areas where seagrasses are
  435  least dense adjacent to the dock or bulkhead; and
  436         5. Are not constructed in areas specifically prohibited for
  437  boat mooring under conditions of a permit issued in accordance
  438  with ss. 403.91-403.929, 1984 Supplement to the Florida Statutes
  439  1983, as amended, or part IV of chapter 373, or other form of
  440  authorization issued by a local government.
  441  
  442  Structures that qualify for this exemption are relieved from any
  443  requirement to obtain permission to use or occupy lands owned by
  444  the Board of Trustees of the Internal Improvement Trust Fund
  445  and, with the exception of those structures attached to a
  446  bulkhead on a parcel of land where there is no docking
  447  structure, may shall not be subject to any more stringent
  448  permitting requirements, registration requirements, or other
  449  regulation by any local government. Local governments may
  450  require either permitting or one-time registration of floating
  451  vessel platforms to be attached to a bulkhead on a parcel of
  452  land where there is no other docking structure as necessary to
  453  ensure compliance with local ordinances, codes, or regulations.
  454  Local governments may require either permitting or one-time
  455  registration of all other floating vessel platforms as necessary
  456  to ensure compliance with the exemption criteria in this
  457  section; to ensure compliance with local ordinances, codes, or
  458  regulations relating to building or zoning, which are no more
  459  stringent than the exemption criteria in this section or address
  460  subjects other than subjects addressed by the exemption criteria
  461  in this section; and to ensure proper installation, maintenance,
  462  and precautionary or evacuation action following a tropical
  463  storm or hurricane watch of a floating vessel platform or
  464  floating boat lift that is proposed to be attached to a bulkhead
  465  or parcel of land where there is no other docking structure. The
  466  exemption provided in this paragraph shall be in addition to the
  467  exemption provided in paragraph (b). The department shall adopt
  468  a general permit by rule for the construction, installation,
  469  operation, or maintenance of those floating vessel platforms or
  470  floating boat lifts that do not qualify for the exemption
  471  provided in this paragraph but do not cause significant adverse
  472  impacts to occur individually or cumulatively. The issuance of
  473  such general permit shall also constitute permission to use or
  474  occupy lands owned by the Board of Trustees of the Internal
  475  Improvement Trust Fund. No local government shall impose a more
  476  stringent regulation, permitting requirement, registration
  477  requirement, or other regulation covered by such general permit.
  478  Local governments may require either permitting or one-time
  479  registration of floating vessel platforms as necessary to ensure
  480  compliance with the general permit in this section; to ensure
  481  compliance with local ordinances, codes, or regulations relating
  482  to building or zoning that are no more stringent than the
  483  general permit in this section; and to ensure proper
  484  installation and maintenance of a floating vessel platform or
  485  floating boat lift that is proposed to be attached to a bulkhead
  486  or parcel of land where there is no other docking structure.
  487         (t) The repair, stabilization, or paving of existing county
  488  maintained roads and the repair or replacement of bridges that
  489  are part of the roadway, within the Northwest Florida Water
  490  Management District and the Suwannee River Water Management
  491  District, provided:
  492         1. The road and associated bridge were in existence and in
  493  use as a public road or bridge, and were maintained by the
  494  county as a public road or bridge on or before January 1, 2002;
  495         2. The construction activity does not realign the road or
  496  expand the number of existing traffic lanes of the existing
  497  road; however, the work may include the provision of safety
  498  shoulders, clearance of vegetation, and other work reasonably
  499  necessary to repair, stabilize, pave, or repave the road,
  500  provided that the work is constructed by generally accepted
  501  engineering standards;
  502         3. The construction activity does not expand the existing
  503  width of an existing vehicular bridge in excess of that
  504  reasonably necessary to properly connect the bridge with the
  505  road being repaired, stabilized, paved, or repaved to safely
  506  accommodate the traffic expected on the road, which may include
  507  expanding the width of the bridge to match the existing
  508  connected road. However, no debris from the original bridge
  509  shall be allowed to remain in waters of the state, including
  510  wetlands;
  511         4. Best management practices for erosion control shall be
  512  employed as necessary to prevent water quality violations;
  513         5. Roadside swales or other effective means of stormwater
  514  treatment must be incorporated as part of the project;
  515         6. No more dredging or filling of wetlands or water of the
  516  state is performed than that which is reasonably necessary to
  517  repair, stabilize, pave, or repave the road or to repair or
  518  replace the bridge, in accordance with generally accepted
  519  engineering standards; and
  520         7. Notice of intent to use the exemption is provided to the
  521  department, if the work is to be performed within the Northwest
  522  Florida Water Management District, or to the Suwannee River
  523  Water Management District, if the work is to be performed within
  524  the Suwannee River Water Management District, 30 days before
  525  prior to performing any work under the exemption.
  526  
  527  Within 30 days after this act becomes a law, the department
  528  shall initiate rulemaking to adopt a no fee general permit for
  529  the repair, stabilization, or paving of existing roads that are
  530  maintained by the county and the repair or replacement of
  531  bridges that are part of the roadway where such activities do
  532  not cause significant adverse impacts to occur individually or
  533  cumulatively. The general permit shall apply statewide and, with
  534  no additional rulemaking required, apply to qualified projects
  535  reviewed by the Suwannee River Water Management District, the
  536  St. Johns River Water Management District, the Southwest Florida
  537  Water Management District, and the South Florida Water
  538  Management District under the division of responsibilities
  539  contained in the operating agreements applicable to part IV of
  540  chapter 373. Upon adoption, this general permit shall, pursuant
  541  to the provisions of subsection (2), supersede and replace the
  542  exemption in this paragraph.
  543         (u) Notwithstanding any provision to the contrary in this
  544  subsection, a permit or other authorization under chapter 253,
  545  chapter 369, chapter 373, or this chapter is not required for an
  546  individual residential property owner for the removal of organic
  547  detrital material from freshwater rivers or lakes that have a
  548  natural sand or rocky substrate and that are not Aquatic
  549  Preserves or for the associated removal and replanting of
  550  aquatic vegetation for the purpose of environmental enhancement,
  551  providing that:
  552         1. No activities under this exemption are conducted in
  553  wetland areas, as defined in s. 373.019(27), which are supported
  554  by a natural soil as shown in applicable United States
  555  Department of Agriculture county soil surveys.
  556         2. No filling or peat mining is allowed.
  557         3. No removal of native wetland trees, including, but not
  558  limited to, ash, bay, cypress, gum, maple, or tupelo, occurs.
  559         4. When removing organic detrital material, no portion of
  560  the underlying natural mineral substrate or rocky substrate is
  561  removed.
  562         5. Organic detrital material and plant material removed is
  563  deposited in an upland site in a manner that will not cause
  564  water quality violations.
  565         6. All activities are conducted in such a manner, and with
  566  appropriate turbidity controls, so as to prevent any water
  567  quality violations outside the immediate work area.
  568         7. Replanting with a variety of aquatic plants native to
  569  the state shall occur in a minimum of 25 percent of the
  570  preexisting vegetated areas where organic detrital material is
  571  removed, except for areas where the material is removed to bare
  572  rocky substrate; however, an area may be maintained clear of
  573  vegetation as an access corridor. The access corridor width may
  574  not exceed 50 percent of the property owner’s frontage or 50
  575  feet, whichever is less, and may be a sufficient length
  576  waterward to create a corridor to allow access for a boat or
  577  swimmer to reach open water. Replanting must be at a minimum
  578  density of 2 feet on center and be completed within 90 days
  579  after removal of existing aquatic vegetation, except that under
  580  dewatered conditions replanting must be completed within 90 days
  581  after reflooding. The area to be replanted must extend waterward
  582  from the ordinary high water line to a point where normal water
  583  depth would be 3 feet or the preexisting vegetation line,
  584  whichever is less. Individuals are required to make a reasonable
  585  effort to maintain planting density for a period of 6 months
  586  after replanting is complete, and the plants, including
  587  naturally recruited native aquatic plants, must be allowed to
  588  expand and fill in the revegetation area. Native aquatic plants
  589  to be used for revegetation must be salvaged from the
  590  enhancement project site or obtained from an aquatic plant
  591  nursery regulated by the Department of Agriculture and Consumer
  592  Services. Plants that are not native to the state may not be
  593  used for replanting.
  594         8. No activity occurs any farther than 100 feet waterward
  595  of the ordinary high water line, and all activities must be
  596  designed and conducted in a manner that will not unreasonably
  597  restrict or infringe upon the riparian rights of adjacent upland
  598  riparian owners.
  599         9. The person seeking this exemption notifies the
  600  applicable department district office in writing at least 30
  601  days before commencing work and allows the department to conduct
  602  a preconstruction site inspection. Notice must include an
  603  organic-detrital-material removal and disposal plan and, if
  604  applicable, a vegetation-removal and revegetation plan.
  605         10. The department is provided written certification of
  606  compliance with the terms and conditions of this paragraph
  607  within 30 days after completion of any activity occurring under
  608  this exemption.
  609         (v) Notwithstanding any other provision in this chapter,
  610  chapter 373, or chapter 161, a permit or other authorization is
  611  not required for the following exploratory activities associated
  612  with beach restoration and nourishment projects and inlet
  613  management activities:
  614         1. The collection of geotechnical, geophysical, and
  615  cultural resource data, including surveys, mapping, acoustic
  616  soundings, benthic and other biologic sampling, and coring.
  617         2. Oceanographic instrument deployment, including temporary
  618  installation on the seabed of coastal and oceanographic data
  619  collection equipment.
  620         3. Incidental excavation associated with any of the
  621  activities listed under subparagraph 1. or subparagraph 2.
  622         Section 6. Paragraph (b) of subsection (1) of section
  623  373.4135, Florida Statutes, is amended to read:
  624         373.4135 Mitigation banks and offsite regional mitigation.—
  625         (1) The Legislature finds that the adverse impacts of
  626  activities regulated under this part may be offset by the
  627  creation, maintenance, and use of mitigation banks and offsite
  628  regional mitigation. Mitigation banks and offsite regional
  629  mitigation can enhance the certainty of mitigation and provide
  630  ecological value due to the improved likelihood of environmental
  631  success associated with their proper construction, maintenance,
  632  and management. Therefore, the department and the water
  633  management districts are directed to participate in and
  634  encourage the establishment of private and public mitigation
  635  banks and offsite regional mitigation. Mitigation banks and
  636  offsite regional mitigation should emphasize the restoration and
  637  enhancement of degraded ecosystems and the preservation of
  638  uplands and wetlands as intact ecosystems rather than alteration
  639  of landscapes to create wetlands. This is best accomplished
  640  through restoration of ecological communities that were
  641  historically present.
  642         (b) Notwithstanding the provisions of this section, a
  643  governmental entity may not create or provide mitigation for a
  644  project other than its own unless the governmental entity uses
  645  land that was not previously purchased for conservation and
  646  unless the governmental entity provides the same financial
  647  assurances as required for mitigation banks permitted under s.
  648  373.4136. This paragraph does not apply to:
  649         1. Mitigation banks permitted before December 31, 2011,
  650  under s. 373.4136;
  651         2. Offsite regional mitigation areas established before
  652  December 31, 2011, under subsection (6) or, when credits are not
  653  available at a mitigation bank permitted under s. 373.4136,
  654  mitigation areas created by a local government which were
  655  awarded mitigation credits pursuant to the uniform mitigation
  656  assessment method as provided in chapter 62-345, Florida
  657  Administrative Code, under a permit issued before December 31,
  658  2011;
  659         3. Mitigation for transportation projects under ss.
  660  373.4137 and 373.4139;
  661         4. Mitigation for impacts from mining activities under s.
  662  373.41492;
  663         5. Mitigation provided for single-family lots or homeowners
  664  under subsection (7);
  665         6. Entities authorized in chapter 98-492, Laws of Florida;
  666         7. Mitigation provided for electric utility impacts
  667  certified under part II of chapter 403; or
  668         8. Mitigation provided on sovereign submerged lands under
  669  subsection (6).
  670         Section 7. Paragraph (d) of subsection (9) of section
  671  373.4598, Florida Statutes, is amended and paragraph (f) is
  672  added to that subsection to read:
  673         373.4598 Water storage reservoirs.—
  674         (9) C-51 RESERVOIR PROJECT.—
  675         (d) If state funds are appropriated for Phase I or Phase II
  676  of the C-51 reservoir project:
  677         1. The district, to the extent practicable, must shall
  678  operate either Phase I or Phase II of the reservoir project to
  679  maximize the reduction of high-volume Lake Okeechobee regulatory
  680  releases to the St. Lucie or Caloosahatchee estuaries, in
  681  addition to maximizing the reduction of harmful discharges
  682  providing relief to the Lake Worth Lagoon. However, the
  683  operation of Phase I of the C-51 reservoir project must be in
  684  accordance with any operation and maintenance agreement adopted
  685  by the district;
  686         2. Water made available by Phase I or Phase II of the
  687  reservoir must shall be used for natural systems in addition to
  688  any permitted allocated amounts for water supply; and
  689         3. Any Water received from Lake Okeechobee may only not be
  690  available to support consumptive use permits if such use is in
  691  accordance with district rules.
  692         (f)The district may enter into a capacity allocation
  693  agreement with a water supply entity for a pro rata share of
  694  unreserved capacity in the water storage facility and may
  695  request the department to waive repayment of all or a portion of
  696  the loan issued pursuant to s. 373.475. The department may
  697  authorize such waiver if the department determines it has
  698  received reasonable value for such waiver. The district is not
  699  responsible for repaying any portion of a loan issued pursuant
  700  to s. 373.475 which is waived pursuant to this paragraph.
  701         Section 8. Section 403.1839, Florida Statutes, is created
  702  to read:
  703         403.1839Blue star collection system assessment and
  704  maintenance program.—
  705         (1)DEFINITIONS.—As used in this section, the term:
  706         (a)“Domestic wastewater” has the same meaning as provided
  707  in s. 367.021.
  708         (b)“Domestic wastewater collection system” has the same
  709  meaning as provided in s. 403.866.
  710         (c)“Program” means the blue star collection system
  711  assessment and maintenance program.
  712         (d)“Sanitary sewer overflow” means the unauthorized
  713  overflow, spill, release, discharge or diversion of untreated or
  714  partially treated domestic wastewater.
  715         (2)LEGISLATIVE FINDINGS.—The Legislature finds that:
  716         (a)The implementation of domestic wastewater collection
  717  system assessment and maintenance practices has been shown to
  718  effectively limit sanitary sewer overflows and the unauthorized
  719  discharge of pathogens.
  720         (b)The voluntary implementation of domestic wastewater
  721  collection system assessment and maintenance practices beyond
  722  those required by law has the potential to further limit
  723  sanitary sewer overflows.
  724         (c)The unique geography, community, growth, size, and age
  725  of domestic wastewater collection systems across the state
  726  require diverse responses, using the best professional judgment
  727  of local utility operators, to ensure that programs designed to
  728  limit sanitary sewer overflows are effective.
  729         (3)ESTABLISHMENT AND PURPOSE.—There is established in the
  730  department a blue star collection system assessment and
  731  maintenance program. The purpose of this voluntary incentive
  732  program is to assist public and private utilities in limiting
  733  sanitary sewer overflows and the unauthorized discharge of
  734  pathogens.
  735         (4)APPROVAL AND STANDARDS.—
  736         (a)The department shall adopt rules to administer the
  737  program, including the certification standards for the program
  738  in paragraph (b), and shall review and approve public and
  739  private domestic wastewater utilities that apply for
  740  certification or renewal under the program and that demonstrate
  741  maintenance of program certification pursuant to paragraph (c)
  742  based upon the certification standards.
  743         (b)A utility must provide reasonable documentation of the
  744  following certification standards in order to be certified under
  745  the program:
  746         1.The implementation of periodic collection system and
  747  pump station structural condition assessments and the
  748  performance of as-needed maintenance and replacements.
  749         2.The rate of reinvestment determined necessary by the
  750  utility for its collection system and pump station structural
  751  condition assessment and maintenance and replacement program.
  752         3.The implementation of a program designed to limit the
  753  presence of fats, roots, oils, and grease in the collection
  754  system.
  755         4.If the applicant is a public utility, a local law or
  756  building code requiring the private pump stations and lateral
  757  lines connecting to the public system to be free of:
  758         a.Cracks, holes, missing parts, or similar defects; and
  759         b.Direct stormwater connections that allow the direct
  760  inflow of stormwater into the private system and the public
  761  domestic wastewater collection system.
  762         5.A power outage contingency plan that addresses
  763  mitigation of the impacts of power outages on the utility’s
  764  collection system and pump stations.
  765         (c)Program certifications shall expire after 5 years. A
  766  utility shall document its implementation of the program on an
  767  annual basis with the department and must demonstrate that the
  768  utility meets all program standards in order to maintain its
  769  program certification. The approval of an application for
  770  renewal certification must be based on the utility demonstrating
  771  maintenance of program standards. A utility applying for renewal
  772  certification must demonstrate maintenance of program standards
  773  and progress in implementing the program.
  774         (5)PUBLICATION.—The department shall annually publish on
  775  its website a list of certified blue star utilities beginning on
  776  January 1, 2020.
  777         (6)FEDERAL PROGRAM PARTICIPATION.—The department shall
  778  allow public and private, nonprofit utilities to participate in
  779  the Clean Water State Revolving Fund Program for any purpose of
  780  the program that is consistent with federal requirements for
  781  participating in the Clean Water State Revolving Fund Program.
  782         (7)REDUCED PENALTIES.—In the calculation of penalties
  783  pursuant to s. 403.161 for a sanitary sewer overflow, the
  784  department may reduce the penalty based on a utility’s status as
  785  a certified blue star utility in accordance with this section.
  786  The department may also reduce a penalty based on a certified
  787  blue star utility’s investment in assessment and maintenance
  788  activities to identify and address conditions that may cause
  789  sanitary sewer overflows or interruption of service to customers
  790  due to a physical condition or defect in the system.
  791         Section 9. Paragraph (c) of subsection (7) of section
  792  403.067, Florida Statutes, is amended to read:
  793         403.067 Establishment and implementation of total maximum
  794  daily loads.—
  795         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
  796  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
  797         (c) Best management practices.—
  798         1. The department, in cooperation with the water management
  799  districts and other interested parties, as appropriate, may
  800  develop suitable interim measures, best management practices, or
  801  other measures necessary to achieve the level of pollution
  802  reduction established by the department for nonagricultural
  803  nonpoint pollutant sources in allocations developed pursuant to
  804  subsection (6) and this subsection. These practices and measures
  805  may be adopted by rule by the department and the water
  806  management districts and, where adopted by rule, shall be
  807  implemented by those parties responsible for nonagricultural
  808  nonpoint source pollution.
  809         2. The Department of Agriculture and Consumer Services may
  810  develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
  811  suitable interim measures, best management practices, or other
  812  measures necessary to achieve the level of pollution reduction
  813  established by the department for agricultural pollutant sources
  814  in allocations developed pursuant to subsection (6) and this
  815  subsection or for programs implemented pursuant to paragraph
  816  (12)(b). These practices and measures may be implemented by
  817  those parties responsible for agricultural pollutant sources and
  818  the department, the water management districts, and the
  819  Department of Agriculture and Consumer Services shall assist
  820  with implementation. In the process of developing and adopting
  821  rules for interim measures, best management practices, or other
  822  measures, the Department of Agriculture and Consumer Services
  823  shall consult with the department, the Department of Health, the
  824  water management districts, representatives from affected
  825  farming groups, and environmental group representatives. Such
  826  rules must also incorporate provisions for a notice of intent to
  827  implement the practices and a system to assure the
  828  implementation of the practices, including site inspection and
  829  recordkeeping requirements.
  830         3. Where interim measures, best management practices, or
  831  other measures are adopted by rule, the effectiveness of such
  832  practices in achieving the levels of pollution reduction
  833  established in allocations developed by the department pursuant
  834  to subsection (6) and this subsection or in programs implemented
  835  pursuant to paragraph (12)(b) must be verified at representative
  836  sites by the department. The department shall use best
  837  professional judgment in making the initial verification that
  838  the best management practices are reasonably expected to be
  839  effective and, where applicable, must notify the appropriate
  840  water management district or the Department of Agriculture and
  841  Consumer Services of its initial verification before the
  842  adoption of a rule proposed pursuant to this paragraph.
  843  Implementation, in accordance with rules adopted under this
  844  paragraph, of practices that have been initially verified to be
  845  effective, or verified to be effective by monitoring at
  846  representative sites, by the department, shall provide a
  847  presumption of compliance with state water quality standards and
  848  release from the provisions of s. 376.307(5) for those
  849  pollutants addressed by the practices, and the department is not
  850  authorized to institute proceedings against the owner of the
  851  source of pollution to recover costs or damages associated with
  852  the contamination of surface water or groundwater caused by
  853  those pollutants. Research projects funded by the department, a
  854  water management district, or the Department of Agriculture and
  855  Consumer Services to develop or demonstrate interim measures or
  856  best management practices shall be granted a presumption of
  857  compliance with state water quality standards and a release from
  858  the provisions of s. 376.307(5). The presumption of compliance
  859  and release is limited to the research site and only for those
  860  pollutants addressed by the interim measures or best management
  861  practices. Eligibility for the presumption of compliance and
  862  release is limited to research projects on sites where the owner
  863  or operator of the research site and the department, a water
  864  management district, or the Department of Agriculture and
  865  Consumer Services have entered into a contract or other
  866  agreement that, at a minimum, specifies the research objectives,
  867  the cost-share responsibilities of the parties, and a schedule
  868  that details the beginning and ending dates of the project.
  869         4. Where water quality problems are demonstrated, despite
  870  the appropriate implementation, operation, and maintenance of
  871  best management practices and other measures required by rules
  872  adopted under this paragraph, the department, a water management
  873  district, or the Department of Agriculture and Consumer
  874  Services, in consultation with the department, shall institute a
  875  reevaluation of the best management practice or other measure.
  876  Should the reevaluation determine that the best management
  877  practice or other measure requires modification, the department,
  878  a water management district, or the Department of Agriculture
  879  and Consumer Services, as appropriate, shall revise the rule to
  880  require implementation of the modified practice within a
  881  reasonable time period as specified in the rule.
  882         5. Agricultural records relating to processes or methods of
  883  production, costs of production, profits, or other financial
  884  information held by the Department of Agriculture and Consumer
  885  Services pursuant to subparagraphs 3. and 4. or pursuant to any
  886  rule adopted pursuant to subparagraph 2. are confidential and
  887  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  888  Constitution. Upon request, records made confidential and exempt
  889  pursuant to this subparagraph shall be released to the
  890  department or any water management district provided that the
  891  confidentiality specified by this subparagraph for such records
  892  is maintained.
  893         6. The provisions of subparagraphs 1. and 2. do not
  894  preclude the department or water management district from
  895  requiring compliance with water quality standards or with
  896  current best management practice requirements set forth in any
  897  applicable regulatory program authorized by law for the purpose
  898  of protecting water quality. Additionally, subparagraphs 1. and
  899  2. are applicable only to the extent that they do not conflict
  900  with any rules adopted by the department that are necessary to
  901  maintain a federally delegated or approved program.
  902         7.The department must provide a domestic wastewater
  903  utility with a presumption of compliance with state water
  904  quality standards for pathogens when the utility demonstrates a
  905  history of compliance with wastewater disinfection requirements
  906  incorporated in the utility’s operating permit for any discharge
  907  into the impaired surface water, and the utility implements and
  908  maintains a program as a certified blue star utility in
  909  accordance with s. 403.1839.
  910         Section 10. Subsection (11) is added to section 403.087,
  911  Florida Statutes, to read:
  912         403.087 Permits; general issuance; denial; revocation;
  913  prohibition; penalty.—
  914         (11)Subject to the permit duration limits for a utility
  915  permitted pursuant to s. 403.0885, a blue star utility certified
  916  pursuant to s. 403.1839 shall be issued a 10-year permit for the
  917  same fee and under the same conditions as a 5-year permit upon
  918  approval of its application for permit renewal by the department
  919  if the certified blue star utility demonstrates that it:
  920         (a)Is in compliance with any consent order or an
  921  accompanying administrative order to its permit;
  922         (b)Does not have any pending enforcement action against it
  923  by the United States Environmental Protection Agency, the
  924  department, or a local program; and
  925         (c)If applicable, has submitted annual program
  926  implementation reports demonstrating progress in the
  927  implementation of the program.
  928         Section 11. Subsection (6) of section 403.161, Florida
  929  Statutes, is renumbered as subsection (7), and a new subsection
  930  (6) is added to that section, to read:
  931         403.161 Prohibitions, violation, penalty, intent.—
  932         (6)Notwithstanding any other law, the department may
  933  reduce the amount of a penalty based on the person’s investment
  934  in the assessment, maintenance, rehabilitation, or expansion of
  935  the permitted facility.
  936         Section 12. Subsection (2) and paragraphs (a) and (b) of
  937  subsection (3) of section 403.1838, Florida Statutes, are
  938  amended to read:
  939         403.1838 Small Community Sewer Construction Assistance
  940  Act.—
  941         (2) The department shall use funds specifically
  942  appropriated to award grants under this section to assist
  943  financially disadvantaged small communities with their needs for
  944  adequate sewer facilities. The department may use funds
  945  specifically appropriated to award grants under this section to
  946  assist private, nonprofit utilities providing wastewater
  947  services to financially disadvantaged small communities. For
  948  purposes of this section, the term “financially disadvantaged
  949  small community” means a county, municipality, or special
  950  district that has a population of 10,000 or fewer, according to
  951  the latest decennial census, and a per capita annual income less
  952  than the state per capita annual income as determined by the
  953  United States Department of Commerce. For purposes of this
  954  subsection, the term “special district” has the same meaning as
  955  provided in s. 189.012 and includes only those special districts
  956  whose public purpose includes water and sewer services, utility
  957  systems and services, or wastewater systems and services. The
  958  department may waive the population requirement for an
  959  independent special district that serves fewer than 10,000
  960  wastewater customers, is located within a watershed with an
  961  adopted total maximum daily load or basin management action plan
  962  for pollutants associated with domestic wastewater pursuant to
  963  s. 403.067, and is wholly located within a rural area of
  964  opportunity as defined in s. 288.0656.
  965         (3)(a) In accordance with rules adopted by the
  966  Environmental Regulation Commission under this section, the
  967  department may provide grants, from funds specifically
  968  appropriated for this purpose, to financially disadvantaged
  969  small communities and to private, nonprofit utilities serving
  970  financially disadvantaged small communities for up to 100
  971  percent of the costs of planning, assessing, designing,
  972  constructing, upgrading, or replacing wastewater collection,
  973  transmission, treatment, disposal, and reuse facilities,
  974  including necessary legal and administrative expenses. Grants
  975  issued pursuant to this section may also be used for planning
  976  and implementing domestic wastewater collection system
  977  assessment programs to identify conditions that may cause
  978  sanitary sewer overflows or interruption of service to customers
  979  due to a physical condition or defect in the system.
  980         (b) The rules of the Environmental Regulation Commission
  981  must:
  982         1. Require that projects to plan, assess, design,
  983  construct, upgrade, or replace wastewater collection,
  984  transmission, treatment, disposal, and reuse facilities be cost
  985  effective, environmentally sound, permittable, and
  986  implementable.
  987         2. Require appropriate user charges, connection fees, and
  988  other charges sufficient to ensure the long-term operation,
  989  maintenance, and replacement of the facilities constructed under
  990  each grant.
  991         3. Require grant applications to be submitted on
  992  appropriate forms with appropriate supporting documentation, and
  993  require records to be maintained.
  994         4. Establish a system to determine eligibility of grant
  995  applications.
  996         5. Establish a system to determine the relative priority of
  997  grant applications. The system must consider public health
  998  protection and water pollution abatement.
  999         6. Establish requirements for competitive procurement of
 1000  engineering and construction services, materials, and equipment.
 1001         7. Provide for termination of grants when program
 1002  requirements are not met.
 1003         Section 13. This act shall take effect upon becoming a law.
 1004  
 1005  ================= T I T L E  A M E N D M E N T ================
 1006  And the title is amended as follows:
 1007         Delete lines 7 - 68
 1008  and insert:
 1009         amending s. 373.413, F.S.; directing the Department of
 1010         Environmental Protection and water management
 1011         districts to reissue the construction phase of an
 1012         expired environmental resource permit under certain
 1013         conditions; providing requirements for requesting
 1014         reissuance of such permit; authorizing the department,
 1015         in coordination with the water management districts,
 1016         to adopt rules; amending s. 403.064, F.S.; encouraging
 1017         the development of aquifer recharge for reuse
 1018         implementation; requiring the department and water
 1019         management districts to develop and enter into a
 1020         memorandum of agreement providing for a coordinated
 1021         review of any reclaimed water project requiring a
 1022         reclaimed water facility permit, an underground
 1023         injection control permit, and a consumptive use
 1024         permit; specifying the required provisions of such
 1025         memorandum; specifying the date by which the
 1026         memorandum must be developed and executed; amending s.
 1027         403.706, F.S.; requiring counties and municipalities
 1028         to address contamination of recyclable material in
 1029         specified contracts; prohibiting counties and
 1030         municipalities from requiring the collection or
 1031         transport of contaminated recyclable material by
 1032         residential recycling collectors; defining the term
 1033         “residential recycling collector”; specifying required
 1034         contract provisions in residential recycling collector
 1035         and materials recovery facility contracts with
 1036         counties and municipalities; providing applicability;
 1037         amending s. 403.813, F.S.; prohibiting a local
 1038         government from requiring further department
 1039         verification for certain projects; revising the types
 1040         of dock and pier replacements and repairs that are
 1041         exempt from such verification and certain permitting
 1042         requirements; amending s. 373.4135, F.S.; providing an
 1043         exemption from certain requirements for mitigation
 1044         areas created by a local government under a permit
 1045         issued before a specified date and for certain
 1046         mitigation banks; amending s. 373.4598, F.S.; revising
 1047         requirements related to the operation of water storage
 1048         and use for Phase I and Phase II of the C-51 reservoir
 1049         project if state funds are appropriated for such
 1050         phases; authorizing the South Florida Water Management
 1051         District to enter into certain capacity allocation
 1052         agreements and to request a waiver for repayment of
 1053         certain loans; authorizing the Department of
 1054         Environmental Protection to waive such loan repayment
 1055         under certain conditions; providing that the district
 1056         is not responsible for repayment of such loans;
 1057         creating s. 403.1839, F.S.; providing definitions;
 1058         providing legislative findings; establishing the blue
 1059         star collection system assessment and maintenance
 1060         program and providing its purpose; requiring the
 1061         Department of Environmental Protection to adopt rules
 1062         and review and approve program applications for
 1063         certification; specifying the documentation utilities
 1064         must submit to qualify for certification; providing
 1065         for certification expiration and renewal; requiring
 1066         the department to publish an annual list of certified
 1067         blue star utilities; requiring the department to allow
 1068         public and private, nonprofit utilities to participate
 1069         in the Clean Water State Revolving Fund Program under
 1070         certain conditions; authorizing the department to
 1071         reduce penalties for sanitary sewer overflows at
 1072         certified utilities and for investments in certain
 1073         assessment and maintenance activities; amending s.
 1074         403.067, F.S.; creating a presumption of compliance
 1075         for certain total maximum daily load requirements for
 1076         certified utilities; amending s. 403.087, F.S.;
 1077         requiring the department to issue extended operating
 1078         permits to certified utilities under certain
 1079         conditions; amending s. 403.161, F.S.; authorizing the
 1080         department to reduce penalties based on certain system
 1081         investments for permitted facilities; amending s.
 1082         403.1838, F.S.; authorizing additional recipients and
 1083         uses of Small Community Sewer Construction grants;
 1084         providing an effective date.