Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 738
       
       
       
       
       
       
                                Ì933996bÎ933996                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/29/2024           .                                
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       The Committee on Judiciary (Burgess) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 28 - 185
    4  and insert:
    5         Section 1. Subsection (7) is added to section 373.4131,
    6  Florida Statutes, to read:
    7         373.4131 Statewide environmental resource permitting
    8  rules.—
    9         (7)A side slope for a nonindustrial stormwater management
   10  system, in or adjacent to residential or urban areas that are
   11  accessible to the general public, must be designed, except as
   12  provided in paragraph (a), with a horizontal-to-vertical ratio
   13  no steeper than 4:1 to a depth of at least 2 feet below the
   14  control elevation and must be stabilized with vegetation to
   15  prevent erosion and provide for pollutant removal.
   16         (a)A side slope for a nonindustrial stormwater management
   17  system, in or adjacent to residential or urban areas that are
   18  accessible to the general public, may be designed with a steeper
   19  than 4:1 horizontal-to-vertical ratio if the slope incorporates
   20  adequate temporary and permanent erosion and sediment control
   21  best management practices. A system designed or authorized to be
   22  steeper than 4:1 must be fenced, be greenscaped, or have other
   23  barriers installed sufficiently to prevent accidental incursion
   24  into the system.
   25         (b)All side slope rules adopted by the department, water
   26  management districts, or delegated local programs under this
   27  part as of July 1, 2024, are superseded by this subsection and
   28  may be repealed without further rulemaking pursuant to s. 120.54
   29  by publication of a notice of repeal in the Florida
   30  Administrative Register and subsequent filing of a list of the
   31  rules repealed with the Department of State.
   32         Section 2. Subsection (3) of section 376.313, Florida
   33  Statutes, is amended to read:
   34         376.313 Nonexclusiveness of remedies and individual cause
   35  of action for damages under ss. 376.30-376.317.—
   36         (3) Except as provided in s. 376.3078(3) and (11), nothing
   37  contained in ss. 376.30-376.317 do not prohibit a prohibits any
   38  person from bringing a cause of action in a court of competent
   39  jurisdiction for all damages to real or personal property
   40  directly resulting from a discharge or other condition of
   41  pollution covered by ss. 376.30-376.317 and which was not
   42  authorized by any government approval or permit issued pursuant
   43  to chapter 373, chapter 376, or chapter 403. Nothing in This
   44  chapter does not shall prohibit or diminish a party’s right to
   45  contribution from other parties jointly or severally liable for
   46  a prohibited discharge of pollutants or hazardous substances or
   47  other pollution conditions. Except as otherwise provided in
   48  subsection (4) or subsection (5), in any such suit, it is not
   49  necessary for such person to plead or prove negligence in any
   50  form or manner. Such person need only plead and prove the fact
   51  of the prohibited discharge or other pollutive condition and
   52  that it has occurred. The only strict-liability exceptions
   53  defenses to such cause of action are shall be those specified in
   54  s. 376.308 or s. 376.82.
   55         Section 3. Holistic review of coastal permitting processes
   56  and other programs.—
   57         (1)The Legislature intends to do all of the following:
   58         (a)Build a more resilient and responsive government
   59  infrastructure to allow for quick recovery after natural
   60  disasters, including hurricanes and tropical storms.
   61         (b)Promote efficiency in state government across all
   62  branches, agencies, and other governmental entities and identify
   63  any area of improvement within each entity which allows for a
   64  quick and effective delivery of services.
   65         (c)Seek out ways to improve the state’s administrative
   66  procedures in relevant fields to build a streamlined permitting
   67  process that withstands disruptions caused by natural disasters,
   68  including hurricanes and tropical storms.
   69         (2)The Department of Environmental Protection and each
   70  water management district shall conduct a holistic review of
   71  their respective agency’s current coastal permitting processes
   72  and other permit programs. The review must, at a minimum,
   73  include coastal construction control line permits; joint coastal
   74  permits; environmental resource permits; state-administered
   75  section 404 permits consistent with the terms of the United
   76  States Environmental Protection Agency’s approval; and
   77  permitting processes related to water supply infrastructure,
   78  wastewater infrastructure, and onsite sewage treatment and
   79  disposal systems.
   80         (3)The purpose of the reviews required under subsection
   81  (2) is to identify areas of improvement and to increase
   82  efficiency within each process and program. Factors that must be
   83  considered in the review include all of the following:
   84         (a)The requirements to obtain a permit.
   85         (b)Time periods for review, including those of commenting
   86  agencies, and approval of a permit application.
   87         (c)Areas for improved efficiency and decision-point
   88  consolidation within a single project’s purpose.
   89         (d)Areas of duplication across one or more permit
   90  programs.
   91         (e)The methods of requesting a permit.
   92         (f)Potential modifications to memoranda of agreements
   93  between the state and the Federal Government governing delegated
   94  or approved federal permitting programs, which modifications
   95  would improve the efficiency and predictability of the program’s
   96  administration, including allowing consistent administration of
   97  a permit by a state or federal entity over the lifetime of a
   98  permitted project.
   99         (g)Any other factors that may increase the efficiency of a
  100  permitting process and may allow for improved storm recovery.
  101         (4)By December 31, 2025, the department and each water
  102  
  103  ================= T I T L E  A M E N D M E N T ================
  104  And the title is amended as follows:
  105         Delete lines 3 - 7
  106  and insert:
  107         s. 373.4131, F.S.; requiring that