Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. CS for SB 738 Ì933996bÎ933996 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/29/2024 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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the department, water 26 management districts, or delegated local programs under this 27 part as of July 1, 2024, are superseded by this subsection and 28 may be repealed without further rulemaking pursuant to s. 120.54 29 by publication of a notice of repeal in the Florida 30 Administrative Register and subsequent filing of a list of the 31 rules repealed with the Department of State. 32 Section 2.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),nothing37contained inss. 376.30-376.317 do not prohibit aprohibits any38 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 inThis 44 chapter does notshallprohibit 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 53defensesto such cause of action areshall bethose 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