Florida Senate - 2018 CS for SB 1308
By the Committee on Environmental Preservation and Conservation;
and Senator Perry
592-02315-18 20181308c1
1 A bill to be entitled
2 An act relating to environmental regulation; amending
3 s. 373.250, F.S.; deleting an obsolete provision;
4 providing examples of reclaimed water use that may
5 create an impact offset; revising the required
6 provisions of the water resource implementation rule;
7 amending s. 403.064, F.S.; revising legislative
8 findings; requiring the Department of Environmental
9 Protection and the water management districts to
10 develop and enter into a memorandum of agreement
11 providing for a coordinated review of any reclaimed
12 water project requiring a reclaimed water facility
13 permit, an underground injection control permit, and a
14 consumptive use permit; specifying the required
15 provisions of such memorandum; specifying the date by
16 which the memorandum must be developed and executed;
17 amending s. 403.706, F.S.; requiring counties and
18 municipalities to address contamination of recyclable
19 material in specified contracts; prohibiting counties
20 and municipalities from requiring the collection or
21 transport of contaminated recyclable material by
22 residential recycling collectors; defining the term
23 “residential recycling collector”; specifying required
24 contract provisions in residential recycling collector
25 and materials recovery facility contracts with
26 counties and municipalities; providing applicability;
27 amending s. 403.813, F.S.; providing that a local
28 government may not require further verification from
29 the department for certain projects; revising the
30 types of dock and pier replacements and repairs that
31 are exempt from such verification and certain
32 permitting requirements; providing a directive to the
33 Division of Law Revision and Information; providing an
34 effective date.
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. Subsection (5) of section 373.250, Florida
39 Statutes, is amended to read:
40 373.250 Reuse of reclaimed water.—
41 (5)(a) No later than October 1, 2012, the department shall
42 initiate rulemaking to adopt revisions to The water resource
43 implementation rule, as defined in s. 373.019(25), must which
44 shall include:
45 1. Criteria for the use of a proposed impact offset derived
46 from the use of reclaimed water when a water management district
47 evaluates an application for a consumptive use permit. As used
48 in this subparagraph, the term “impact offset” means the use of
49 reclaimed water to reduce or eliminate a harmful impact that has
50 occurred or would otherwise occur as a result of other surface
51 water or groundwater withdrawals. Examples of reclaimed water
52 use that may create an impact offset include, but are not
53 limited to, the use of reclaimed water to:
54 a. Prevent or stop further saltwater intrusion;
55 b. Raise aquifer levels;
56 c. Improve the water quality of an aquifer; or
57 d. Augment surface water to increase the quantity of water
58 available for water supply.
59 2. Criteria for the use of substitution credits where a
60 water management district has adopted rules establishing
61 withdrawal limits from a specified water resource within a
62 defined geographic area. As used in this subparagraph, the term
63 “substitution credit” means the use of reclaimed water to
64 replace all or a portion of an existing permitted use of
65 resource-limited surface water or groundwater, allowing a
66 different user or use to initiate a withdrawal or increase its
67 withdrawal from the same resource-limited surface water or
68 groundwater source provided that the withdrawal creates no net
69 adverse impact on the limited water resource or creates a net
70 positive impact if required by water management district rule as
71 part of a strategy to protect or recover a water resource.
72 3. Criteria by which an impact offset or substitution
73 credit may be applied to the issuance, renewal, or extension of
74 the utility’s or another user’s consumptive use permit or may be
75 used to address additional water resource constraints imposed
76 through the adoption of a recovery or prevention strategy under
77 s. 373.0421.
78 (b) Within 60 days after the final adoption by the
79 department of the revisions to the water resource implementation
80 rule required under paragraph (a), each water management
81 district must shall initiate rulemaking to incorporate those
82 revisions by reference into the rules of the district.
83 Section 2. Subsection (1) of section 403.064, Florida
84 Statutes, is amended, and subsection (17) is added to that
85 section, to read:
86 403.064 Reuse of reclaimed water.—
87 (1) The encouragement and promotion of water conservation,
88 and reuse of reclaimed water, as defined by the department, are
89 state objectives and are considered to be in the public
90 interest. The Legislature finds that the reuse of reclaimed
91 water, including reuse through aquifer recharge, is a critical
92 component of meeting the state’s existing and future water
93 supply needs while sustaining natural systems. The Legislature
94 further finds that for those wastewater treatment plants
95 permitted and operated under an approved reuse program by the
96 department, the reclaimed water shall be considered
97 environmentally acceptable and not a threat to public health and
98 safety. The Legislature encourages the development of incentive
99 based programs for reuse implementation.
100 (17) The department and the water management districts
101 shall develop and enter into a memorandum of agreement providing
102 for a coordinated review of any reclaimed water project
103 requiring a reclaimed water facility permit, an underground
104 injection control permit, and a consumptive use permit. The
105 memorandum of agreement must provide that the coordinated review
106 is performed only if the applicant for such permits requests a
107 coordinated review. The goal of the coordinated review is to
108 share information, avoid requesting the applicant to submit
109 redundant information, and ensure, to the extent feasible, a
110 harmonized review of the reclaimed water project under these
111 various permitting programs, including the use of a proposed
112 impact offset or substitution credit in accordance with s.
113 373.250(5). The department and the water management districts
114 must develop and execute such memorandum of agreement no later
115 than December 1, 2018.
116 Section 3. Present subsection (22) of section 403.706,
117 Florida Statutes, is renumbered as subsection (23), and a new
118 subsection (22) is added to that section, to read:
119 403.706 Local government solid waste responsibilities.—
120 (22) Counties and municipalities shall address the
121 contamination of recyclable material in contracts for the
122 collection, transportation, and processing of residential
123 recyclable material based upon the following:
124 (a) A residential recycling collector may not be required
125 to collect or transport contaminated recyclable material. As
126 used in this subsection, the term “residential recycling
127 collector” means a for-profit business entity that collects and
128 transports residential recyclable material on behalf of a county
129 or municipality.
130 (b) A materials recovery facility may not be required to
131 process contaminated recyclable material.
132 (c) Each contract between a residential recycling collector
133 and a county or municipality for the collection or transport of
134 residential recyclable material, and each request for proposal
135 for residential recyclable material, must define the term
136 “contaminated recyclable material” in a manner that is
137 appropriate for the local community, based on the available
138 markets for recyclable material. The contract and request for
139 proposal must include:
140 1. The respective strategies and obligations of the county
141 or municipality and the collector to reduce the amount of
142 contaminated recyclable material being collected;
143 2. The procedures for identifying, documenting, managing,
144 and rejecting residential recycling containers, carts, or bins
145 that contain contaminated recyclable material;
146 3. The remedies that will be used if a container, cart, or
147 bin contains contaminated recyclable material; and
148 4. The education and enforcement measures that will be used
149 to reduce the amount of contaminated recyclable material.
150 (d) Each contract between a materials recovery facility and
151 a county or municipality for processing residential recyclable
152 material must define the term “contaminated recyclable material”
153 in a manner that is appropriate for the local community, based
154 on the available markets for recyclable material. The contract
155 must include:
156 1. The respective strategies and obligations of the parties
157 to reduce the amount of contaminated recyclable material being
158 processed;
159 2. The procedures for identifying, documenting, managing,
160 and rejecting residential recycling containers or loads that
161 contain contaminated recyclable material; and
162 3. The remedies that will be used if a container or load
163 contains contaminated recyclable material.
164 (e) This subsection shall apply to each contract between a
165 municipality or county and a residential recycling collector or
166 materials recovery facility executed or renewed after the
167 effective date of this act.
168 Section 4. Subsection (1) of section 403.813, Florida
169 Statutes, is amended to read:
170 403.813 Permits issued at district centers; exceptions.—
171 (1) A permit is not required under this chapter, chapter
172 373, chapter 61-691, Laws of Florida, or chapter 25214 or
173 chapter 25270, 1949, Laws of Florida, and a local government may
174 not require further verification from the department, for
175 activities associated with the following types of projects;
176 however, except as otherwise provided in this subsection, this
177 subsection does not relieve an applicant from any requirement to
178 obtain permission to use or occupy lands owned by the Board of
179 Trustees of the Internal Improvement Trust Fund or a water
180 management district in its governmental or proprietary capacity
181 or from complying with applicable local pollution control
182 programs authorized under this chapter or other requirements of
183 county and municipal governments:
184 (a) The installation of overhead transmission lines, having
185 with support structures that which are not constructed in waters
186 of the state and which do not create a navigational hazard.
187 (b) The installation and repair of mooring pilings and
188 dolphins associated with private docking facilities or piers and
189 the installation of private docks, piers, and recreational
190 docking facilities, or piers and recreational docking facilities
191 of local governmental entities when the local governmental
192 entity’s activities will not take place in any manatee habitat,
193 any of which docks:
194 1. Has 500 square feet or less of over-water surface area
195 for a dock which is located in an area designated as Outstanding
196 Florida Waters or 1,000 square feet or less of over-water
197 surface area for a dock which is located in an area that which
198 is not designated as Outstanding Florida Waters;
199 2. Is constructed on or held in place by pilings or is a
200 floating dock which is constructed so as not to involve filling
201 or dredging other than that necessary to install the pilings;
202 3. May Shall not substantially impede the flow of water or
203 create a navigational hazard;
204 4. Is used for recreational, noncommercial activities
205 associated with the mooring or storage of boats and boat
206 paraphernalia; and
207 5. Is the sole dock constructed pursuant to this exemption
208 as measured along the shoreline for a distance of 65 feet,
209 unless the parcel of land or individual lot as platted is less
210 than 65 feet in length along the shoreline, in which case there
211 may be one exempt dock allowed per parcel or lot.
212
213 Nothing in This paragraph does not shall prohibit the department
214 from taking appropriate enforcement action pursuant to this
215 chapter to abate or prohibit any activity otherwise exempt from
216 permitting pursuant to this paragraph if the department can
217 demonstrate that the exempted activity has caused water
218 pollution in violation of this chapter.
219 (c) The installation and maintenance to design
220 specifications of boat ramps on artificial bodies of water where
221 navigational access to the proposed ramp exists or the
222 installation of boat ramps open to the public in any waters of
223 the state where navigational access to the proposed ramp exists
224 and where the construction of the proposed ramp will be less
225 than 30 feet wide and will involve the removal of less than 25
226 cubic yards of material from the waters of the state, and the
227 maintenance to design specifications of such ramps; however, the
228 material to be removed shall be placed upon a self-contained
229 upland site so as to prevent the escape of the spoil material
230 into the waters of the state.
231 (d) The replacement or repair of existing docks and piers,
232 except that fill material may not be used and the replacement or
233 repaired dock or pier must be in approximately the same location
234 and no larger in size than the existing dock or pier, and no
235 additional aquatic resources may be adversely and permanently
236 impacted by such replacement or repair the same location and of
237 the same configuration and dimensions as the dock or pier being
238 replaced or repaired. This does not preclude the use of
239 different construction materials or minor deviations to allow
240 upgrades to current structural and design standards.
241 (e) The restoration of seawalls at their previous locations
242 or upland of, or within 18 inches waterward of, their previous
243 locations. However, this may shall not affect the permitting
244 requirements of chapter 161, and department rules shall clearly
245 indicate that this exception does not constitute an exception
246 from the permitting requirements of chapter 161.
247 (f) The performance of maintenance dredging of existing
248 manmade canals, channels, intake and discharge structures, and
249 previously dredged portions of natural water bodies within
250 drainage rights-of-way or drainage easements which have been
251 recorded in the public records of the county, where the spoil
252 material is to be removed and deposited on a self-contained,
253 upland spoil site which will prevent the escape of the spoil
254 material into the waters of the state, provided that no more
255 dredging is to be performed than is necessary to restore the
256 canals, channels, and intake and discharge structures, and
257 previously dredged portions of natural water bodies, to original
258 design specifications or configurations, provided that the work
259 is conducted in compliance with s. 379.2431(2)(d), provided that
260 no significant impacts occur to previously undisturbed natural
261 areas, and provided that control devices for return flow and
262 best management practices for erosion and sediment control are
263 utilized to prevent bank erosion and scouring and to prevent
264 turbidity, dredged material, and toxic or deleterious substances
265 from discharging into adjacent waters during maintenance
266 dredging. Further, for maintenance dredging of previously
267 dredged portions of natural water bodies within recorded
268 drainage rights-of-way or drainage easements, an entity that
269 seeks an exemption must notify the department or water
270 management district, as applicable, at least 30 days before
271 prior to dredging and provide documentation of original design
272 specifications or configurations where such exist. This
273 exemption applies to all canals and previously dredged portions
274 of natural water bodies within recorded drainage rights-of-way
275 or drainage easements constructed before prior to April 3, 1970,
276 and to those canals and previously dredged portions of natural
277 water bodies constructed on or after April 3, 1970, pursuant to
278 all necessary state permits. This exemption does not apply to
279 the removal of a natural or manmade barrier separating a canal
280 or canal system from adjacent waters. When no previous permit
281 has been issued by the Board of Trustees of the Internal
282 Improvement Trust Fund or the United States Army Corps of
283 Engineers for construction or maintenance dredging of the
284 existing manmade canal or intake or discharge structure, such
285 maintenance dredging shall be limited to a depth of no more than
286 5 feet below mean low water. The Board of Trustees of the
287 Internal Improvement Trust Fund may fix and recover from the
288 permittee an amount equal to the difference between the fair
289 market value and the actual cost of the maintenance dredging for
290 material removed during such maintenance dredging. However, no
291 charge shall be exacted by the state for material removed during
292 such maintenance dredging by a public port authority. The
293 removing party may subsequently sell such material; however,
294 proceeds from such sale that exceed the costs of maintenance
295 dredging shall be remitted to the state and deposited in the
296 Internal Improvement Trust Fund.
297 (g) The maintenance of existing insect control structures,
298 dikes, and irrigation and drainage ditches, provided that spoil
299 material is deposited on a self-contained, upland spoil site
300 which will prevent the escape of the spoil material into waters
301 of the state. In the case of insect control structures, if the
302 cost of using a self-contained upland spoil site is so
303 excessive, as determined by the Department of Health, pursuant
304 to s. 403.088(1), that it will inhibit proposed insect control,
305 then-existing spoil sites or dikes may be used, upon
306 notification to the department. In the case of insect control
307 where upland spoil sites are not used pursuant to this
308 exemption, turbidity control devices shall be used to confine
309 the spoil material discharge to that area previously disturbed
310 when the receiving body of water is used as a potable water
311 supply, is designated as shellfish harvesting waters, or
312 functions as a habitat for commercially or recreationally
313 important shellfish or finfish. In all cases, no more dredging
314 is to be performed than is necessary to restore the dike or
315 irrigation or drainage ditch to its original design
316 specifications.
317 (h) The repair or replacement of existing functional pipes
318 or culverts the purpose of which is the discharge or conveyance
319 of stormwater. In all cases, the invert elevation, the diameter,
320 and the length of the culvert may shall not be changed. However,
321 the material used for the culvert may be different from the
322 original.
323 (i) The construction of private docks of 1,000 square feet
324 or less of over-water surface area and seawalls in artificially
325 created waterways where such construction will not violate
326 existing water quality standards, impede navigation, or affect
327 flood control. This exemption does not apply to the construction
328 of vertical seawalls in estuaries or lagoons unless the proposed
329 construction is within an existing manmade canal where the
330 shoreline is currently occupied in whole or part by vertical
331 seawalls.
332 (j) The construction and maintenance of swales.
333 (k) The installation of aids to navigation and buoys
334 associated with such aids, provided the devices are marked
335 pursuant to s. 327.40.
336 (l) The replacement or repair of existing open-trestle foot
337 bridges and vehicular bridges that are 100 feet or less in
338 length and two lanes or less in width, provided that no more
339 dredging or filling of submerged lands is performed other than
340 that which is necessary to replace or repair pilings and that
341 the structure to be replaced or repaired is the same length, the
342 same configuration, and in the same location as the original
343 bridge. No debris from the original bridge shall be allowed to
344 remain in the waters of the state.
345 (m) The installation of subaqueous transmission and
346 distribution lines laid on, or embedded in, the bottoms of
347 waters in the state, except in Class I and Class II waters and
348 aquatic preserves, provided no dredging or filling is necessary.
349 (n) The replacement or repair of subaqueous transmission
350 and distribution lines laid on, or embedded in, the bottoms of
351 waters of the state.
352 (o) The construction of private seawalls in wetlands or
353 other surface waters where such construction is between and
354 adjoins at both ends existing seawalls; follows a continuous and
355 uniform seawall construction line with the existing seawalls; is
356 no more than 150 feet in length; and does not violate existing
357 water quality standards, impede navigation, or affect flood
358 control. However, in estuaries and lagoons the construction of
359 vertical seawalls is limited to the circumstances and purposes
360 stated in s. 373.414(5)(b)1.-4. This paragraph does not affect
361 the permitting requirements of chapter 161, and department rules
362 must clearly indicate that this exception does not constitute an
363 exception from the permitting requirements of chapter 161.
364 (p) The restoration of existing insect control impoundment
365 dikes which are less than 100 feet in length. Such impoundments
366 shall be connected to tidally influenced waters for 6 months
367 each year beginning September 1 and ending February 28 if
368 feasible or operated in accordance with an impoundment
369 management plan approved by the department. A dike restoration
370 may involve no more dredging than is necessary to restore the
371 dike to its original design specifications. For the purposes of
372 this paragraph, restoration does not include maintenance of
373 impoundment dikes of operating insect control impoundments.
374 (q) The construction, operation, or maintenance of
375 stormwater management facilities which are designed to serve
376 single-family residential projects, including duplexes,
377 triplexes, and quadruplexes, if they are less than 10 acres
378 total land and have less than 2 acres of impervious surface and
379 if the facilities:
380 1. Comply with all regulations or ordinances applicable to
381 stormwater management and adopted by a city or county;
382 2. Are not part of a larger common plan of development or
383 sale; and
384 3. Discharge into a stormwater discharge facility exempted
385 or permitted by the department under this chapter which has
386 sufficient capacity and treatment capability as specified in
387 this chapter and is owned, maintained, or operated by a city,
388 county, special district with drainage responsibility, or water
389 management district; however, this exemption does not authorize
390 discharge to a facility without the facility owner’s prior
391 written consent.
392 (r) The removal of aquatic plants, the removal of tussocks,
393 the associated replanting of indigenous aquatic plants, and the
394 associated removal from lakes of organic detrital material when
395 such planting or removal is performed and authorized by permit
396 or exemption granted under s. 369.20 or s. 369.25, provided
397 that:
398 1. Organic detrital material that exists on the surface of
399 natural mineral substrate shall be allowed to be removed to a
400 depth of 3 feet or to the natural mineral substrate, whichever
401 is less;
402 2. All material removed pursuant to this paragraph shall be
403 deposited in an upland site in a manner that will prevent the
404 reintroduction of the material into waters in the state except
405 when spoil material is permitted to be used to create wildlife
406 islands in freshwater bodies of the state when a governmental
407 entity is permitted pursuant to s. 369.20 to create such islands
408 as a part of a restoration or enhancement project;
409 3. All activities are performed in a manner consistent with
410 state water quality standards; and
411 4. No activities under this exemption are conducted in
412 wetland areas, as defined in s. 373.019(27), which are supported
413 by a natural soil as shown in applicable United States
414 Department of Agriculture county soil surveys, except when a
415 governmental entity is permitted pursuant to s. 369.20 to
416 conduct such activities as a part of a restoration or
417 enhancement project.
418
419 The department may not adopt implementing rules for this
420 paragraph, notwithstanding any other provision of law.
421 (s) The construction, installation, operation, or
422 maintenance of floating vessel platforms or floating boat lifts,
423 provided that such structures:
424 1. Float at all times in the water for the sole purpose of
425 supporting a vessel so that the vessel is out of the water when
426 not in use;
427 2. Are wholly contained within a boat slip previously
428 permitted under ss. 403.91-403.929, 1984 Supplement to the
429 Florida Statutes 1983, as amended, or part IV of chapter 373, or
430 do not exceed a combined total of 500 square feet, or 200 square
431 feet in an Outstanding Florida Water, when associated with a
432 dock that is exempt under this subsection or associated with a
433 permitted dock with no defined boat slip or attached to a
434 bulkhead on a parcel of land where there is no other docking
435 structure;
436 3. Are not used for any commercial purpose or for mooring
437 vessels that remain in the water when not in use, and do not
438 substantially impede the flow of water, create a navigational
439 hazard, or unreasonably infringe upon the riparian rights of
440 adjacent property owners, as defined in s. 253.141;
441 4. Are constructed and used so as to minimize adverse
442 impacts to submerged lands, wetlands, shellfish areas, aquatic
443 plant and animal species, and other biological communities,
444 including locating such structures in areas where seagrasses are
445 least dense adjacent to the dock or bulkhead; and
446 5. Are not constructed in areas specifically prohibited for
447 boat mooring under conditions of a permit issued in accordance
448 with ss. 403.91-403.929, 1984 Supplement to the Florida Statutes
449 1983, as amended, or part IV of chapter 373, or other form of
450 authorization issued by a local government.
451
452 Structures that qualify for this exemption are relieved from any
453 requirement to obtain permission to use or occupy lands owned by
454 the Board of Trustees of the Internal Improvement Trust Fund
455 and, with the exception of those structures attached to a
456 bulkhead on a parcel of land where there is no docking
457 structure, may shall not be subject to any more stringent
458 permitting requirements, registration requirements, or other
459 regulation by any local government. Local governments may
460 require either permitting or one-time registration of floating
461 vessel platforms to be attached to a bulkhead on a parcel of
462 land where there is no other docking structure as necessary to
463 ensure compliance with local ordinances, codes, or regulations.
464 Local governments may require either permitting or one-time
465 registration of all other floating vessel platforms as necessary
466 to ensure compliance with the exemption criteria in this
467 section; to ensure compliance with local ordinances, codes, or
468 regulations relating to building or zoning, which are no more
469 stringent than the exemption criteria in this section or address
470 subjects other than subjects addressed by the exemption criteria
471 in this section; and to ensure proper installation, maintenance,
472 and precautionary or evacuation action following a tropical
473 storm or hurricane watch of a floating vessel platform or
474 floating boat lift that is proposed to be attached to a bulkhead
475 or parcel of land where there is no other docking structure. The
476 exemption provided in this paragraph shall be in addition to the
477 exemption provided in paragraph (b). The department shall adopt
478 a general permit by rule for the construction, installation,
479 operation, or maintenance of those floating vessel platforms or
480 floating boat lifts that do not qualify for the exemption
481 provided in this paragraph but do not cause significant adverse
482 impacts to occur individually or cumulatively. The issuance of
483 such general permit shall also constitute permission to use or
484 occupy lands owned by the Board of Trustees of the Internal
485 Improvement Trust Fund. No local government shall impose a more
486 stringent regulation, permitting requirement, registration
487 requirement, or other regulation covered by such general permit.
488 Local governments may require either permitting or one-time
489 registration of floating vessel platforms as necessary to ensure
490 compliance with the general permit in this section; to ensure
491 compliance with local ordinances, codes, or regulations relating
492 to building or zoning that are no more stringent than the
493 general permit in this section; and to ensure proper
494 installation and maintenance of a floating vessel platform or
495 floating boat lift that is proposed to be attached to a bulkhead
496 or parcel of land where there is no other docking structure.
497 (t) The repair, stabilization, or paving of existing county
498 maintained roads and the repair or replacement of bridges that
499 are part of the roadway, within the Northwest Florida Water
500 Management District and the Suwannee River Water Management
501 District, provided:
502 1. The road and associated bridge were in existence and in
503 use as a public road or bridge, and were maintained by the
504 county as a public road or bridge on or before January 1, 2002;
505 2. The construction activity does not realign the road or
506 expand the number of existing traffic lanes of the existing
507 road; however, the work may include the provision of safety
508 shoulders, clearance of vegetation, and other work reasonably
509 necessary to repair, stabilize, pave, or repave the road,
510 provided that the work is constructed by generally accepted
511 engineering standards;
512 3. The construction activity does not expand the existing
513 width of an existing vehicular bridge in excess of that
514 reasonably necessary to properly connect the bridge with the
515 road being repaired, stabilized, paved, or repaved to safely
516 accommodate the traffic expected on the road, which may include
517 expanding the width of the bridge to match the existing
518 connected road. However, no debris from the original bridge
519 shall be allowed to remain in waters of the state, including
520 wetlands;
521 4. Best management practices for erosion control shall be
522 employed as necessary to prevent water quality violations;
523 5. Roadside swales or other effective means of stormwater
524 treatment must be incorporated as part of the project;
525 6. No more dredging or filling of wetlands or water of the
526 state is performed than that which is reasonably necessary to
527 repair, stabilize, pave, or repave the road or to repair or
528 replace the bridge, in accordance with generally accepted
529 engineering standards; and
530 7. Notice of intent to use the exemption is provided to the
531 department, if the work is to be performed within the Northwest
532 Florida Water Management District, or to the Suwannee River
533 Water Management District, if the work is to be performed within
534 the Suwannee River Water Management District, 30 days before
535 prior to performing any work under the exemption.
536
537 Within 30 days after this act becomes a law, the department
538 shall initiate rulemaking to adopt a no fee general permit for
539 the repair, stabilization, or paving of existing roads that are
540 maintained by the county and the repair or replacement of
541 bridges that are part of the roadway where such activities do
542 not cause significant adverse impacts to occur individually or
543 cumulatively. The general permit shall apply statewide and, with
544 no additional rulemaking required, apply to qualified projects
545 reviewed by the Suwannee River Water Management District, the
546 St. Johns River Water Management District, the Southwest Florida
547 Water Management District, and the South Florida Water
548 Management District under the division of responsibilities
549 contained in the operating agreements applicable to part IV of
550 chapter 373. Upon adoption, this general permit shall, pursuant
551 to the provisions of subsection (2), supersede and replace the
552 exemption in this paragraph.
553 (u) Notwithstanding any provision to the contrary in this
554 subsection, a permit or other authorization under chapter 253,
555 chapter 369, chapter 373, or this chapter is not required for an
556 individual residential property owner for the removal of organic
557 detrital material from freshwater rivers or lakes that have a
558 natural sand or rocky substrate and that are not Aquatic
559 Preserves or for the associated removal and replanting of
560 aquatic vegetation for the purpose of environmental enhancement,
561 providing that:
562 1. No activities under this exemption are conducted in
563 wetland areas, as defined in s. 373.019(27), which are supported
564 by a natural soil as shown in applicable United States
565 Department of Agriculture county soil surveys.
566 2. No filling or peat mining is allowed.
567 3. No removal of native wetland trees, including, but not
568 limited to, ash, bay, cypress, gum, maple, or tupelo, occurs.
569 4. When removing organic detrital material, no portion of
570 the underlying natural mineral substrate or rocky substrate is
571 removed.
572 5. Organic detrital material and plant material removed is
573 deposited in an upland site in a manner that will not cause
574 water quality violations.
575 6. All activities are conducted in such a manner, and with
576 appropriate turbidity controls, so as to prevent any water
577 quality violations outside the immediate work area.
578 7. Replanting with a variety of aquatic plants native to
579 the state shall occur in a minimum of 25 percent of the
580 preexisting vegetated areas where organic detrital material is
581 removed, except for areas where the material is removed to bare
582 rocky substrate; however, an area may be maintained clear of
583 vegetation as an access corridor. The access corridor width may
584 not exceed 50 percent of the property owner’s frontage or 50
585 feet, whichever is less, and may be a sufficient length
586 waterward to create a corridor to allow access for a boat or
587 swimmer to reach open water. Replanting must be at a minimum
588 density of 2 feet on center and be completed within 90 days
589 after removal of existing aquatic vegetation, except that under
590 dewatered conditions replanting must be completed within 90 days
591 after reflooding. The area to be replanted must extend waterward
592 from the ordinary high water line to a point where normal water
593 depth would be 3 feet or the preexisting vegetation line,
594 whichever is less. Individuals are required to make a reasonable
595 effort to maintain planting density for a period of 6 months
596 after replanting is complete, and the plants, including
597 naturally recruited native aquatic plants, must be allowed to
598 expand and fill in the revegetation area. Native aquatic plants
599 to be used for revegetation must be salvaged from the
600 enhancement project site or obtained from an aquatic plant
601 nursery regulated by the Department of Agriculture and Consumer
602 Services. Plants that are not native to the state may not be
603 used for replanting.
604 8. No activity occurs any farther than 100 feet waterward
605 of the ordinary high water line, and all activities must be
606 designed and conducted in a manner that will not unreasonably
607 restrict or infringe upon the riparian rights of adjacent upland
608 riparian owners.
609 9. The person seeking this exemption notifies the
610 applicable department district office in writing at least 30
611 days before commencing work and allows the department to conduct
612 a preconstruction site inspection. Notice must include an
613 organic-detrital-material removal and disposal plan and, if
614 applicable, a vegetation-removal and revegetation plan.
615 10. The department is provided written certification of
616 compliance with the terms and conditions of this paragraph
617 within 30 days after completion of any activity occurring under
618 this exemption.
619 (v) Notwithstanding any other provision in this chapter,
620 chapter 373, or chapter 161, a permit or other authorization is
621 not required for the following exploratory activities associated
622 with beach restoration and nourishment projects and inlet
623 management activities:
624 1. The collection of geotechnical, geophysical, and
625 cultural resource data, including surveys, mapping, acoustic
626 soundings, benthic and other biologic sampling, and coring.
627 2. Oceanographic instrument deployment, including temporary
628 installation on the seabed of coastal and oceanographic data
629 collection equipment.
630 3. Incidental excavation associated with any of the
631 activities listed under subparagraph 1. or subparagraph 2.
632 Section 5. The Division of Law Revision and Information is
633 directed to replace the phrase “the effective date of this act”
634 wherever it occurs in this act with the date the act becomes a
635 law.
636 Section 6. This act shall take effect upon becoming a law.