Bill Text: FL H0991 | 2011 | Regular Session | Engrossed

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Bill Title: Environmental Regulation

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0991 Detail]

Download: Florida-2011-H0991-Engrossed.html

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CS/CS/CS/HB 991

1	A bill to be entitled
2	An act relating to environmental regulation; amending s.
3	125.022, F.S.; prohibiting a county from requiring an
4	applicant to obtain a permit or approval from another
5	state or federal agency as a condition of processing a
6	development permit under certain conditions; authorizing a
7	county to attach certain disclaimers to the issuance of a
8	development permit; creating s. 161.032, F.S.; requiring
9	that the Department of Environmental Protection review an
10	application for certain permits under the Beach and Shore
11	Preservation Act and request additional information within
12	a specified time; requiring that the department proceed to
13	process the application if the applicant believes that a
14	request for additional information is not authorized by
15	law or rule; extending the period for an applicant to
16	timely submit additional information, notwithstanding
17	certain provisions of the Administrative Procedure Act;
18	authorizing the department to issue such permits in
19	advance of the issuance of certain permits as provided for
20	in the Endangered Species Act under certain conditions;
21	amending s. 161.041, F.S.; specifying that s. 403.0874,
22	F.S., authorizing expedited permitting, applies to
23	provisions governing coastal construction; prohibiting the
24	Department of Environmental Protection from requiring
25	certain sediment quality specifications or turbidity
26	standards as a permit condition; providing legislative
27	intent with respect to permitting for beach renourishment
28	projects; directing the department to amend specified
29	rules relating to permitting for such projects; amending
30	s. 163.3180, F.S.; providing an exemption to the level-of-
31	service standards adopted under the Strategic Intermodal
32	System for certain inland multimodal facilities;
33	specifying project criteria; amending s. 166.033, F.S.;
34	prohibiting a municipality from requiring an applicant to
35	obtain a permit or approval from another state or federal
36	agency as a condition of processing a development permit
37	under certain conditions; authorizing a county to attach
38	certain disclaimers to the issuance of a development
39	permit; amending s. 218.075, F.S.; providing for the
40	reduction or waiver of permit processing fees relating to
41	projects that serve a public purpose for certain entities
42	created by special act, local ordinance, or interlocal
43	agreement; amending s. 258.397, F.S.; providing an
44	exemption from a showing of extreme hardship relating to
45	the sale, transfer, or lease of sovereignty submerged
46	lands in the Biscayne Bay Aquatic Preserve for certain
47	municipal applicants; providing for additional dredging
48	and filling activities in the preserve; amending s.
49	373.026, F.S.; requiring the Department of Environmental
50	Protection to expand its use of Internet-based self-
51	certification services for exemptions and permits issued
52	by the department and water management districts; amending
53	s. 373.413, F.S.; specifying that s. 403.0874, F.S.,
54	authorizing expedited permitting, applies to provisions
55	governing surface water management and storage; amending
56	s. 373.4135, F.S.; conforming a cross-reference; amending
57	s. 373.4136, F.S.; clarifying the use of the uniform
58	mitigation assessment method for mitigation credits for
59	the establishment and operation of mitigation banks;
60	amending s. 373.4137, F.S.; revising legislative findings
61	with respect to the options for mitigation relating to
62	transportation projects; revising certain requirements for
63	determining the habitat impacts of transportation
64	projects; requiring water management districts to purchase
65	credits from public or private mitigation banks under
66	certain conditions; providing for the release of certain
67	mitigation funds held for the benefit of a water
68	management district if a project is excluded from a
69	mitigation plan; requiring water management districts to
70	use private mitigation banks in developing plans for
71	complying with mitigation requirements; providing an
72	exception; revising the procedure for excluding a project
73	from a mitigation plan; amending s. 373.414, F.S.;
74	revising provisions for the uniform mitigation assessment
75	method rule for wetlands and other surface waters;
76	providing requirements for the interpretation and
77	application of the uniform mitigation assessment method
78	rule; providing an exception; defining the terms
79	"preservation mitigation" and "without preservation" for
80	the purposes of certain assessments pursuant to the rule;
81	providing for reassessment of mitigation banks under
82	certain conditions; amending s. 373.4141, F.S.; providing
83	a limitation for the request of additional information
84	from an applicant by the department; providing that
85	failure of an applicant to respond to such a request
86	within a specified time period constitutes withdrawal of
87	the application; reducing the time within which a permit
88	must be approved, denied, or subject to notice of proposed
89	agency action; prohibiting a state agency or an agency of
90	the state from requiring additional permits or approval
91	from a local, state, or federal agency without explicit
92	authority; amending s. 373.4144, F.S.; providing
93	legislative intent with respect to the coordination of
94	regulatory duties among specified state and federal
95	agencies; requiring that the department report annually to
96	the Legislature on efforts to expand the state
97	programmatic general permit or regional general permits;
98	providing for a voluntary state programmatic general
99	permit for certain dredge and fill activities; amending s.
100	373.41492, F.S.; authorizing the use of proceeds from the
101	water treatment plant upgrade fee to pay for specified
102	mitigation projects; requiring proceeds from the water
103	treatment plant upgrade fee to be transferred by the
104	Department of Revenue to the South Florida Water
105	Management District and deposited into the Lake Belt
106	Mitigation Trust Fund until specified criteria is met;
107	providing, after such criteria is met, for the proceeds of
108	the water treatment plant upgrade fee to return to being
109	transferred by the Department of Revenue to a trust fund
110	established by Miami-Dade County for specified purposes;
111	conforming a term; amending s. 373.441, F.S.; requiring
112	that certain counties or municipalities apply by a
113	specified date to the department or water management
114	district for authority to require certain permits;
115	providing that following such delegation, the department
116	or district may not regulate activities that are subject
117	to the delegation; clarifying the authority of local
118	governments to adopt pollution control programs under
119	certain conditions; amending s. 376.3071, F.S.; exempting
120	program deductibles, copayments, and certain assessment
121	report requirements from expenditures under the low-scored
122	site initiative; amending s. 376.30715, F.S.; providing
123	that the transfer of a contaminated site from an owner to
124	a child of the owner or corporate entity does not
125	disqualify the site from the innocent victim petroleum
126	storage system restoration financial assistance program;
127	authorizing certain applicants to reapply for financial
128	assistance; amending s. 380.06, F.S.; exempting a proposed
129	solid mineral mine or a proposed addition or expansion of
130	an existing solid mineral mine from provisions governing
131	developments of regional impact; providing certain
132	exceptions; clarifying the applicability of local
133	government regulations with respect to such mining
134	activities; requiring solid mineral mines that meet
135	specified criteria to enter into binding agreements with
136	the Department of Transportation to mitigate impacts to
137	Strategic Intermodal System facilities; amending s.
138	380.0657, F.S.; authorizing expedited permitting for
139	certain inland multimodal facilities that individually or
140	collectively will create a minimum number of jobs;
141	amending s. 403.061, F.S.; requiring the Department of
142	Environmental Protection to establish reasonable zones of
143	mixing for discharges into specified waters; providing
144	that exceedance of certain groundwater standards does not
145	create liability for site cleanup; providing that
146	exceedance of soil cleanup target levels is not a basis
147	for enforcement or cleanup; amending s. 403.087, F.S.;
148	revising conditions under which the department is
149	authorized to revoke environmental resource permits;
150	creating s. 403.0874, F.S.; providing a short title;
151	providing legislative findings and intent with respect to
152	the consideration of the compliance history of a permit
153	applicant; providing for applicability; specifying the
154	period of compliance history to be considered is issuing
155	or renewing a permit; providing criteria to be considered
156	by the Department of Environmental Protection; authorizing
157	expedited review of permit issuance, renewal,
158	modification, and transfer; providing for a reduced number
159	of inspections; providing for extended permit duration;
160	authorizing the department to make additional incentives
161	available under certain circumstances; providing for
162	automatic permit renewal and reduced or waived fees under
163	certain circumstances; authorizing the department to adopt
164	additional incentives by rule; providing that such rules
165	are binding on a water management district or local
166	government that has been delegated certain regulatory
167	duties; limiting applicability; amending s. 403.1838,
168	F.S.; revising the definition of the term "financially
169	disadvantaged small community" for the purposes of the
170	Small Community Sewer Construction Assistance Act;
171	amending s. 403.7045, F.S.; providing conditions under
172	which sludge from an industrial waste treatment works is
173	not solid waste; amending s. 403.707, F.S.; exempting the
174	disposal of solid waste monitored by certain groundwater
175	monitoring plans from specific authorization; extending
176	the duration of all permits issued to solid waste
177	management facilities that meet specified criteria;
178	providing an exception; providing for prorated permit
179	fees; providing applicability; amending s. 403.814, F.S.;
180	providing for issuance of general permits for the
181	construction, alteration, and maintenance of certain
182	surface water management systems without the action of the
183	department or a water management district; specifying
184	conditions for the general permits; amending s. 403.853,
185	F.S.; providing for the Department of Health, or a local
186	county health department designated by the department, to
187	perform sanitary surveys for a transient noncommunity
188	water system using groundwater as a source of supply and
189	serving religious institutions or businesses; amending s.
190	403.973, F.S.; authorizing expedited permitting for
191	certain commercial or industrial development projects that
192	individually or collectively will create a minimum number
193	of jobs; providing for a project-specific memorandum of
194	agreement to apply to a project subject to expedited
195	permitting; clarifying the authority of the Department of
196	Environmental Protection to enter final orders for the
197	issuance of certain licenses; revising criteria for the
198	review of certain sites; amending s. 526.203, F.S.;
199	authorizing the sale of unblended fuels for certain uses;
200	revising the deadline for completion of the installation
201	of fuel tank upgrades to secondary containment systems for
202	specified properties; providing for future effect of
203	specified provisions within the territory of the Northwest
204	Florida Water Management District; amending s. 20.23,
205	F.S.; requiring the Secretary of Transportation to
206	designate duties relating to certain investment
207	opportunities and transportation projects to an assistant
208	secretary; amending s. 311.09, F.S.; revising requirements
209	for the inclusion of certain goals and objectives in the
210	Florida Seaport Mission Plan; requiring the Florida
211	Seaport Transportation and Economic Development Council to
212	develop a priority list of projects and submit the list to
213	the Department of Transportation; amending s. 311.14,
214	F.S.; requiring certain ports to develop strategic plans;
215	providing criteria for such plans; requiring such plans to
216	be consistent with local government comprehensive plans;
217	requiring such plans to be submitted to the Florida
218	Seaport Transportation and Economic Development Council;
219	requiring the Florida Seaport Transportation and Economic
220	Development Council to review such plans and include
221	related information in the Florida Seaport Mission Plan;
222	amending s. 339.155, F.S.; clarifying and revising the
223	principles on which the Florida Transportation Plan is
224	based; amending s. 339.63, F.S.; adding certain existing
225	and planned facilities to the list of facilities included
226	in the Strategic Intermodal System and the Emerging
227	Strategic Intermodal System; amending s. 373.406, F.S.;
228	exempting overwater piers, docks, and structures located
229	in deepwater ports from stormwater management system
230	requirements under specified conditions; amending s.
231	373.4133, F.S.; requiring the Department of Environmental
232	Protection to approve or deny an application for a port
233	conceptual permit within a specified time; providing a
234	limitation for the request of additional information from
235	an applicant by the department; providing that failure of
236	an applicant to respond to such a request within a
237	specified time constitutes withdrawal of the application;
238	providing that a third party who challenge the issuance of
239	a port conceptual permit has the burden of ultimate
240	persuasion and the burden of going forward with evidence;
241	amending s. 403.813, F.S.; exempting specified seaports
242	and inland navigation districts from requirements to
243	conduct maintenance dredging under certain conditions;
244	excluding ditches, pipes, and similar linear conveyances
245	from consideration as receiving waters for the disposal of
246	dredged materials; authorizing public ports and inland
247	navigation districts to use sovereignty submerged lands in
248	connection with maintenance dredging; authorizing the
249	disposal of spoil material on specified sites; providing
250	an exemption from permitting requirements for sites that
251	meet specified criteria; requiring notice to the
252	Department of Environmental Protection of intent to use
253	the exemption; providing effective dates.
254
255	Be It Enacted by the Legislature of the State of Florida:
256
257	Section 1.  Section 125.022, Florida Statutes, is amended
258	to read:
259	125.022  Development permits.-When a county denies an
260	application for a development permit, the county shall give
261	written notice to the applicant. The notice must include a
262	citation to the applicable portions of an ordinance, rule,
263	statute, or other legal authority for the denial of the permit.
264	As used in this section, the term "development permit" has the
265	same meaning as in s. 163.3164. A county may not require as a
266	condition of processing a development permit that an applicant
267	obtain a permit or approval from any other state or federal
268	agency unless the agency has issued a notice of intent to deny
269	the federal or state permit before the county action on the
270	local development permit. Issuance of a development permit by a
271	county does not in any way create any rights on the part of the
272	applicant to obtain a permit from another state or federal
273	agency and does not create any liability on the part of the
274	county for issuance of the permit if the applicant fails to
275	fulfill its legal obligations to obtain requisite approvals or
276	fulfill the obligations imposed by another state or a federal
277	agency. A county may attach such a disclaimer to the issuance of
278	a development permit, and may include a permit condition that
279	all other applicable state or federal permits be obtained before
280	commencement of the development. This section does not prohibit
281	a county from providing information to an applicant regarding
282	what other state or federal permits may apply.
283	Section 2.  Section 161.032, Florida Statutes, is created
284	to read:
285	161.032  Application review; request for additional
286	information.-
287	(1)  Within 30 days after receipt of an application for a
288	permit under this part, the department shall review the
289	application and shall request submission of any additional
290	information the department is permitted by law to require. If
291	the applicant believes that a request for additional information
292	is not authorized by law or rule, the applicant may request a
293	hearing pursuant to s. 120.57. Within 30 days after receipt of
294	such additional information, the department shall review such
295	additional information and may request only that information
296	needed to clarify such additional information or to answer new
297	questions raised by or directly related to such additional
298	information. If the applicant believes that the request for such
299	additional information by the department is not authorized by
300	law or rule, the department, at the applicant's request, shall
301	proceed to process the permit application.
302	(2)  Notwithstanding s. 120.60, an applicant for a permit
303	under this part has 90 days after the date of a timely request
304	for additional information to submit such information. If an
305	applicant requires more than 90 days in order to respond to a
306	request for additional information, the applicant must notify
307	the agency processing the permit application in writing of the
308	circumstances, at which time the application shall be held in
309	active status for no more than one additional period of up to 90
310	days. Additional extensions may be granted for good cause shown
311	by the applicant. A showing that the applicant is making a
312	diligent effort to obtain the requested additional information
313	constitutes good cause. Failure of an applicant to provide the
314	timely requested information by the applicable deadline shall
315	result in denial of the application without prejudice.
316	(3)  Notwithstanding any other provision of law, the
317	department is authorized to issue permits pursuant to this part
318	in advance of the issuance of any incidental take authorization
319	as provided for in the Endangered Species Act and its
320	implementing regulations if the permits and authorizations
321	include a condition requiring that authorized activities shall
322	not begin until such incidental take authorization is issued.
323	Section 3.  Subsections (5), (6), and (7) are added to
324	section 161.041, Florida Statutes, to read:
325	161.041  Permits required.-
326	(5)  The provisions of s. 403.0874, relating to the
327	incentive-based permitting program, apply to all permits issued
328	under this chapter.
329	(6)  The department may not require as a permit condition
330	sediment quality specifications or turbidity standards more
331	stringent than those provided for in this chapter, chapter 373,
332	or the Florida Administrative Code. The department may not issue
333	guidelines that are enforceable as standards without going
334	through the rulemaking process pursuant to chapter 120.
335	(7)  As an incentive for permit applicants, it is the
336	Legislature's intent to simplify the permitting for periodic
337	maintenance of beach renourishment projects previously permitted
338	and restored under the joint coastal permit process pursuant to
339	this section or part IV of chapter 373. The department shall
340	amend chapters 62B-41 and 62B-49 of the Florida Administrative
341	Code to streamline the permitting process, as necessary, for
342	periodic maintenance projects.
343	Section 4.  Subsection (10) of section 163.3180, Florida
344	Statutes, is amended to read:
345	163.3180  Concurrency.-
346	(10)(a)  Except in transportation concurrency exception
347	areas, with regard to roadway facilities on the Strategic
348	Intermodal System designated in accordance with s. 339.63, local
349	governments shall adopt the level-of-service standard
350	established by the Department of Transportation by rule.
351	However, if the Office of Tourism, Trade, and Economic
352	Development concurs in writing with the local government that
353	the proposed development is for a qualified job creation project
354	under s. 288.0656 or s. 403.973, the affected local government,
355	after consulting with the Department of Transportation, may
356	provide for a waiver of transportation concurrency for the
357	project. For all other roads on the State Highway System, local
358	governments shall establish an adequate level-of-service
359	standard that need not be consistent with any level-of-service
360	standard established by the Department of Transportation. In
361	establishing adequate level-of-service standards for any
362	arterial roads, or collector roads as appropriate, which
363	traverse multiple jurisdictions, local governments shall
364	consider compatibility with the roadway facility's adopted
365	level-of-service standards in adjacent jurisdictions. Each local
366	government within a county shall use a professionally accepted
367	methodology for measuring impacts on transportation facilities
368	for the purposes of implementing its concurrency management
369	system. Counties are encouraged to coordinate with adjacent
370	counties, and local governments within a county are encouraged
371	to coordinate, for the purpose of using common methodologies for
372	measuring impacts on transportation facilities for the purpose
373	of implementing their concurrency management systems.
374	(b)  There shall be a limited exemption from the Strategic
375	Intermodal System adopted level-of-service standards for new or
376	redevelopment projects consistent with the local comprehensive
377	plan as inland multimodal facilities receiving or sending cargo
378	for distribution and providing cargo storage, consolidation,
379	repackaging, and transfer of goods, and which may, if developed
380	as proposed, include other intermodal terminals, related
381	transportation facilities, warehousing and distribution
382	facilities, and associated office space, light industrial,
383	manufacturing, and assembly uses. The limited exemption applies
384	if the project meets all of the following criteria:
385	1.  The project will not cause the adopted level-of-service
386	standards for the Strategic Intermodal System facilities to be
387	exceeded by more than 150 percent within the first 5 years of
388	the project's development.
389	2.  The project, upon completion, would result in the
390	creation of at least 50 full-time jobs.
391	3.  The project is compatible with existing and planned
392	adjacent land uses.
393	4.  The project is consistent with local and regional
394	economic development goals or plans.
395	5.  The project is proximate to regionally significant road
396	and rail transportation facilities.
397	6.  The project is proximate to a community having an
398	unemployment rate, as of the date of the development order
399	application, which is 10 percent or more above the statewide
400	reported average.
401	7.  The local government has a plan, developed in
402	consultation with the Department of Transportation, for
403	mitigating any impacts to the strategic intermodal system.
404	Section 5.  Section 166.033, Florida Statutes, is amended
405	to read:
406	166.033  Development permits.-When a municipality denies an
407	application for a development permit, the municipality shall
408	give written notice to the applicant. The notice must include a
409	citation to the applicable portions of an ordinance, rule,
410	statute, or other legal authority for the denial of the permit.
411	As used in this section, the term "development permit" has the
412	same meaning as in s. 163.3164. A municipality may not require
413	as a condition of processing a development permit that an
414	applicant obtain a permit or approval from any other state or
415	federal agency unless the agency has issued a notice of intent
416	to deny the federal or state permit before the municipal action
417	on the local development permit. Issuance of a development
418	permit by a municipality does not in any way create any right on
419	the part of an applicant to obtain a permit from another state
420	or federal agency and does not create any liability on the part
421	of the municipality for issuance of the permit if the applicant
422	fails to fulfill its legal obligations to obtain requisite
423	approvals or fulfill the obligations imposed by another state or
424	federal agency. A municipality may attach such a disclaimer to
425	the issuance of development permits and may include a permit
426	condition that all other applicable state or federal permits be
427	obtained before commencement of the development. This section
428	does not prohibit a municipality from providing information to
429	an applicant regarding what other state or federal permits may
430	apply.
431	Section 6.  Section 218.075, Florida Statutes, is amended
432	to read:
433	218.075  Reduction or waiver of permit processing fees.-
434	Notwithstanding any other provision of law, the Department of
435	Environmental Protection and the water management districts
436	shall reduce or waive permit processing fees for counties with a
437	population of 50,000 or less on April 1, 1994, until such
438	counties exceed a population of 75,000 and municipalities with a
439	population of 25,000 or less, or for an entity created by
440	special act, local ordinance, or interlocal agreement of such
441	counties or municipalities, or for any county or municipality
442	not included within a metropolitan statistical area. Fee
443	reductions or waivers shall be approved on the basis of fiscal
444	hardship or environmental need for a particular project or
445	activity. The governing body must certify that the cost of the
446	permit processing fee is a fiscal hardship due to one of the
447	following factors:
448	(1)  Per capita taxable value is less than the statewide
449	average for the current fiscal year;
450	(2)  Percentage of assessed property value that is exempt
451	from ad valorem taxation is higher than the statewide average
452	for the current fiscal year;
453	(3)  Any condition specified in s. 218.503(1) which results
454	in the county or municipality being in a state of financial
455	emergency;
456	(4)  Ad valorem operating millage rate for the current
457	fiscal year is greater than 8 mills; or
458	(5)  A financial condition that is documented in annual
459	financial statements at the end of the current fiscal year and
460	indicates an inability to pay the permit processing fee during
461	that fiscal year.
462
463	The permit applicant must be the governing body of a county or
464	municipality or a third party under contract with a county or
465	municipality or an entity created by special act, local
466	ordinance, or interlocal agreement and the project for which the
467	fee reduction or waiver is sought must serve a public purpose.
468	If a permit processing fee is reduced, the total fee shall not
469	exceed $100.
470	Section 7.  Paragraphs (a) and (b) of subsection (3) of
471	section 258.397, Florida Statutes, are amended to read:
472	258.397  Biscayne Bay Aquatic Preserve.-
473	(3)  AUTHORITY OF TRUSTEES.-The Board of Trustees of the
474	Internal Improvement Trust Fund is authorized and directed to
475	maintain the aquatic preserve hereby created pursuant and
476	subject to the following provisions:
477	(a)  No further sale, transfer, or lease of sovereignty
478	submerged lands in the preserve shall be approved or consummated
479	by the board of trustees, except upon a showing of extreme
480	hardship on the part of the applicant and a determination by the
481	board of trustees that such sale, transfer, or lease is in the
482	public interest. A municipal applicant proposing a project under
483	paragraph (b) is exempt from showing extreme hardship.
484	(b)  No further dredging or filling of submerged lands of
485	the preserve shall be approved or tolerated by the board of
486	trustees except:
487	1.  Such minimum dredging and spoiling as may be authorized
488	for public navigation projects or for such minimum dredging and
489	spoiling as may be constituted as a public necessity or for
490	preservation of the bay according to the expressed intent of
491	this section.
492	2.  Such other alteration of physical conditions, including
493	the placement of riprap, as may be necessary to enhance the
494	quality and utility of the preserve.
495	3.  Such minimum dredging and filling as may be authorized
496	for the creation and maintenance of marinas, piers, and docks
497	and their attendant navigation channels and access roads. Such
498	projects may only be authorized upon a specific finding by the
499	board of trustees that there is assurance that the project will
500	be constructed and operated in a manner that will not adversely
501	affect the water quality and utility of the preserve. This
502	subparagraph shall not authorize the connection of upland canals
503	to the waters of the preserve.
504	4.  Such dredging as is necessary for the purpose of
505	eliminating conditions hazardous to the public health or for the
506	purpose of eliminating stagnant waters, islands, and spoil
507	banks, the dredging of which would enhance the aesthetic and
508	environmental quality and utility of the preserve and be clearly
509	in the public interest as determined by the board of trustees.
510	5.  Such dredging and filling as is necessary for the
511	creation of public waterfront promenades.
512
513	Any dredging or filling under this subsection or improvements
514	under subsection (5) shall be approved only after public notice
515	as provided by s. 253.115.
516	Section 8.  Subsection (10) is added to section 373.026,
517	Florida Statutes, to read:
518	373.026  General powers and duties of the department.-The
519	department, or its successor agency, shall be responsible for
520	the administration of this chapter at the state level. However,
521	it is the policy of the state that, to the greatest extent
522	possible, the department may enter into interagency or
523	interlocal agreements with any other state agency, any water
524	management district, or any local government conducting programs
525	related to or materially affecting the water resources of the
526	state. All such agreements shall be subject to the provisions of
527	s. 373.046. In addition to its other powers and duties, the
528	department shall, to the greatest extent possible:
529	(10)  Expand the use of Internet-based self-certification
530	services for appropriate exemptions and general permits issued
531	by the department and the water management districts, if such
532	expansion is economically feasible. In addition to expanding the
533	use of Internet-based self-certification services for
534	appropriate exemptions and general permits, the department and
535	water management districts shall identify and develop general
536	permits for appropriate activities currently requiring
537	individual review which could be expedited through the use of
538	applicable professional certification.
539	Section 9.  Subsection (6) is added to section 373.413,
540	Florida Statutes, to read:
541	373.413  Permits for construction or alteration.-
542	(6)  The provisions of s. 403.0874, relating to the
543	incentive-based permitting program, apply to permits issued
544	under this section.
545	Section 10.  Paragraph (c) of subsection (6) of section
546	373.4135, Florida Statutes, is amended to read:
547	373.4135  Mitigation banks and offsite regional
548	mitigation.-
549	(6)  An environmental creation, preservation, enhancement,
550	or restoration project, including regional offsite mitigation
551	areas, for which money is donated or paid as mitigation, that is
552	sponsored by the department, a water management district, or a
553	local government and provides mitigation for five or more
554	applicants for permits under this part, or for 35 or more acres
555	of adverse impacts, shall be established and operated under a
556	memorandum of agreement. The memorandum of agreement shall be
557	between the governmental entity proposing the mitigation project
558	and the department or water management district, as appropriate.
559	Such memorandum of agreement need not be adopted by rule. For
560	the purposes of this subsection, one creation, preservation,
561	enhancement, or restoration project shall mean one or more
562	parcels of land with similar ecological communities that are
563	intended to be created, preserved, enhanced, or restored under a
564	common scheme.
565	(c)  At a minimum, the memorandum of agreement must address
566	the following for each project authorized:
567	1.  A description of the work that will be conducted on the
568	site and a timeline for completion of such work.
569	2.  A timeline for obtaining any required environmental
570	resource permit.
571	3.  The environmental success criteria that the project
572	must achieve.
573	4.  The monitoring and long-term management requirements
574	that must be undertaken for the project.
575	5.  An assessment of the project in accordance with s.
576	373.4136(4)(a)-(i), until the adoption of the uniform wetland
577	mitigation assessment method pursuant to s. 373.414(18).
578	6.  A designation of the entity responsible for the
579	successful completion of the mitigation work.
580	7.  A definition of the geographic area where the project
581	may be used as mitigation established using the criteria of s.
582	373.4136(6).
583	8.  Full cost accounting of the project, including annual
584	review and adjustment.
585	9.  Provision and a timetable for the acquisition of any
586	lands necessary for the project.
587	10.  Provision for preservation of the site.
588	11.  Provision for application of all moneys received
589	solely to the project for which they were collected.
590	12.  Provision for termination of the agreement and
591	cessation of use of the project as mitigation if any material
592	contingency of the agreement has failed to occur.
593	Section 11.  Subsection (4) of section 373.4136, Florida
594	Statutes, is amended to read:
595	373.4136  Establishment and operation of mitigation banks.-
596	(4)  MITIGATION CREDITS.-After evaluating the information
597	submitted by the applicant for a mitigation bank permit and
598	assessing the proposed mitigation bank pursuant to the criteria
599	in this section, the department or water management district
600	shall award a number of mitigation credits to a proposed
601	mitigation bank or phase of such mitigation bank. An entity
602	establishing and operating a mitigation bank may apply to modify
603	the mitigation bank permit to seek the award of additional
604	mitigation credits if the mitigation bank results in an
605	additional increase in ecological value over the value
606	contemplated at the time of the original permit issuance, or the
607	most recent modification thereto involving the number of credits
608	awarded. The number of credits awarded shall be based on the
609	degree of improvement in ecological value expected to result
610	from the establishment and operation of the mitigation bank as
611	determined using the uniform mitigation assessment method
612	adopted pursuant to s. 373.414(18). a functional assessment
613	methodology. In determining the degree of improvement in
614	ecological value, each of the following factors, at a minimum,
615	shall be evaluated:
616	(a) The extent to which target hydrologic regimes can be
617	achieved and maintained.
618	(b) The extent to which management activities promote
619	natural ecological conditions, such as natural fire patterns.
620	(c) The proximity of the mitigation bank to areas with
621	regionally significant ecological resources or habitats, such as
622	national or state parks, Outstanding National Resource Waters
623	and associated watersheds, Outstanding Florida Waters and
624	associated watersheds, and lands acquired through governmental
625	or nonprofit land acquisition programs for environmental
626	conservation; and the extent to which the mitigation bank
627	establishes corridors for fish, wildlife, or listed species to
628	those resources or habitats.
629	(d) The quality and quantity of wetland or upland
630	restoration, enhancement, preservation, or creation.
631	(e) The ecological and hydrological relationship between
632	wetlands and uplands in the mitigation bank.
633	(f) The extent to which the mitigation bank provides
634	habitat for fish and wildlife, especially habitat for species
635	listed as threatened, endangered, or of special concern, or
636	provides habitats that are unique for that mitigation service
637	area.
638	(g) The extent to which the lands that are to be preserved
639	are already protected by existing state, local, or federal
640	regulations or land use restrictions.
641	(h) The extent to which lands to be preserved would be
642	adversely affected if they were not preserved.
643	(i) Any special designation or classification of the
644	affected waters and lands.
645	Section 12.  Subsections (1) and (2), paragraph (c) of
646	subsection (3), and subsection (4) of section 373.4137, Florida
647	Statutes, are amended to read:
648	373.4137  Mitigation requirements for specified
649	transportation projects.-
650	(1)  The Legislature finds that environmental mitigation
651	for the impact of transportation projects proposed by the
652	Department of Transportation or a transportation authority
653	established pursuant to chapter 348 or chapter 349 can be more
654	effectively achieved by regional, long-range mitigation planning
655	rather than on a project-by-project basis. It is the intent of
656	the Legislature that mitigation to offset the adverse effects of
657	these transportation projects be funded by the Department of
658	Transportation and be carried out by the water management
659	districts, through including the use of private mitigation banks
660	if available or, if a private mitigation bank is not available,
661	through any other mitigation options that satisfy state and
662	federal requirements established pursuant to this part.
663	(2)  Environmental impact inventories for transportation
664	projects proposed by the Department of Transportation or a
665	transportation authority established pursuant to chapter 348 or
666	chapter 349 shall be developed as follows:
667	(a)  By July 1 of each year, the Department of
668	Transportation or a transportation authority established
669	pursuant to chapter 348 or chapter 349 which chooses to
670	participate in this program shall submit to the water management
671	districts a list copy of its projects in the adopted work
672	program and an environmental impact inventory of habitats
673	addressed in the rules adopted pursuant to this part and s. 404
674	of the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted
675	by its plan of construction for transportation projects in the
676	next 3 years of the tentative work program. The Department of
677	Transportation or a transportation authority established
678	pursuant to chapter 348 or chapter 349 may also include in its
679	environmental impact inventory the habitat impacts of any future
680	transportation project. The Department of Transportation and
681	each transportation authority established pursuant to chapter
682	348 or chapter 349 may fund any mitigation activities for future
683	projects using current year funds.
684	(b)  The environmental impact inventory shall include a
685	description of these habitat impacts, including their location,
686	acreage, and type; state water quality classification of
687	impacted wetlands and other surface waters; any other state or
688	regional designations for these habitats; and a list survey of
689	threatened species, endangered species, and species of special
690	concern affected by the proposed project.
691	(3)
692	(c)  Except for current mitigation projects in the
693	monitoring and maintenance phase and except as allowed by
694	paragraph (d), the water management districts may request a
695	transfer of funds from an escrow account no sooner than 30 days
696	prior to the date the funds are needed to pay for activities
697	associated with development or implementation of the approved
698	mitigation plan described in subsection (4) for the current
699	fiscal year, including, but not limited to, design, engineering,
700	production, and staff support. Actual conceptual plan
701	preparation costs incurred before plan approval may be submitted
702	to the Department of Transportation or the appropriate
703	transportation authority each year with the plan. The conceptual
704	plan preparation costs of each water management district will be
705	paid from mitigation funds associated with the environmental
706	impact inventory for the current year. The amount transferred to
707	the escrow accounts each year by the Department of
708	Transportation and participating transportation authorities
709	established pursuant to chapter 348 or chapter 349 shall
710	correspond to a cost per acre of $75,000 multiplied by the
711	projected acres of impact identified in the environmental impact
712	inventory described in subsection (2). However, the $75,000 cost
713	per acre does not constitute an admission against interest by
714	the state or its subdivisions nor is the cost admissible as
715	evidence of full compensation for any property acquired by
716	eminent domain or through inverse condemnation. Each July 1, the
717	cost per acre shall be adjusted by the percentage change in the
718	average of the Consumer Price Index issued by the United States
719	Department of Labor for the most recent 12-month period ending
720	September 30, compared to the base year average, which is the
721	average for the 12-month period ending September 30, 1996. Each
722	quarter, the projected acreage of impact shall be reconciled
723	with the acreage of impact of projects as permitted, including
724	permit modifications, pursuant to this part and s. 404 of the
725	Clean Water Act, 33 U.S.C. s. 1344. The subject year's transfer
726	of funds shall be adjusted accordingly to reflect the acreage of
727	impacts as permitted. The Department of Transportation and
728	participating transportation authorities established pursuant to
729	chapter 348 or chapter 349 are authorized to transfer such funds
730	from the escrow accounts to the water management districts to
731	carry out the mitigation programs. Environmental mitigation
732	funds that are identified or maintained in an escrow account for
733	the benefit of a water management district may be released if
734	the associated transportation project is excluded in whole or
735	part from the mitigation plan. For a mitigation project that is
736	in the maintenance and monitoring phase, the water management
737	district may request and receive a one-time payment based on the
738	project's expected future maintenance and monitoring costs. Upon
739	disbursement of the final maintenance and monitoring payment,
740	the department or the participating transportation authorities'
741	obligation will be satisfied, the water management district will
742	have continuing responsibility for the mitigation project, and
743	the escrow account for the project established by the Department
744	of Transportation or the participating transportation authority
745	may be closed. Any interest earned on these disbursed funds
746	shall remain with the water management district and must be used
747	as authorized under this section.
748	(4)  Prior to March 1 of each year, each water management
749	district, in consultation with the Department of Environmental
750	Protection, the United States Army Corps of Engineers, the
751	Department of Transportation, participating transportation
752	authorities established pursuant to chapter 348 or chapter 349,
753	and other appropriate federal, state, and local governments, and
754	other interested parties, including entities operating
755	mitigation banks, shall develop a plan for the primary purpose
756	of complying with the mitigation requirements adopted pursuant
757	to this part and 33 U.S.C. s. 1344. In developing such plans,
758	private mitigation banks shall be used if available or, if a
759	private mitigation bank is not available, the districts shall
760	use utilize sound ecosystem management practices to address
761	significant water resource needs and shall focus on activities
762	of the Department of Environmental Protection and the water
763	management districts, such as surface water improvement and
764	management (SWIM) projects and lands identified for potential
765	acquisition for preservation, restoration or enhancement, and
766	the control of invasive and exotic plants in wetlands and other
767	surface waters, to the extent that such activities comply with
768	the mitigation requirements adopted under this part and 33
769	U.S.C. s. 1344. In determining the activities to be included in
770	such plans, the districts shall also consider the purchase of
771	credits from public or private mitigation banks permitted under
772	s. 373.4136 and associated federal authorization and shall
773	include such purchase as a part of the mitigation plan when such
774	purchase would offset the impact of the transportation project,
775	provide equal benefits to the water resources than other
776	mitigation options being considered, and provide the most cost-
777	effective mitigation option. The mitigation plan shall be
778	submitted to the water management district governing board, or
779	its designee, for review and approval. At least 14 days prior to
780	approval, the water management district shall provide a copy of
781	the draft mitigation plan to any person who has requested a
782	copy.
783	(a)  For each transportation project with a funding request
784	for the next fiscal year, the mitigation plan must include a
785	brief explanation of why a mitigation bank was or was not chosen
786	as a mitigation option, including an estimation of identifiable
787	costs of the mitigation bank and nonbank options to the extent
788	practicable.
789	(b)  Specific projects may be excluded from the mitigation
790	plan, in whole or in part, and shall not be subject to this
791	section upon the election agreement of the Department of
792	Transportation, or a transportation authority if applicable, or
793	and the appropriate water management district that the inclusion
794	of such projects would hamper the efficiency or timeliness of
795	the mitigation planning and permitting process. The water
796	management district may choose to exclude a project in whole or
797	in part if the district is unable to identify mitigation that
798	would offset impacts of the project.
799	Section 13.  Subsection (18) of section 373.414, Florida
800	Statutes, is amended to read:
801	373.414  Additional criteria for activities in surface
802	waters and wetlands.-
803	(18)  The department, in coordination with and each water
804	management district responsible for implementation of the
805	environmental resource permitting program, shall develop a
806	uniform mitigation assessment method for wetlands and other
807	surface waters. The department shall adopt the uniform
808	mitigation assessment method by rule no later than July 31,
809	2002. The rule shall provide an exclusive, uniform, and
810	consistent process for determining the amount of mitigation
811	required to offset impacts to wetlands and other surface waters,
812	and, once effective, shall supersede all rules, ordinances, and
813	variance procedures from ordinances that determine the amount of
814	mitigation needed to offset such impacts. Except when evaluating
815	mitigation bank applications, which must meet the criteria of s.
816	373.4136(1), the rule shall be applied only after determining
817	that the mitigation is appropriate to offset the values and
818	functions of wetlands and surface waters to be adversely
819	impacted by the proposed activity. Once the department adopts
820	the uniform mitigation assessment method by rule, the uniform
821	mitigation assessment method shall be binding on the department,
822	the water management districts, local governments, and any other
823	governmental agencies and shall be the sole means to determine
824	the amount of mitigation needed to offset adverse impacts to
825	wetlands and other surface waters and to award and deduct
826	mitigation bank credits. A water management district and any
827	other governmental agency subject to chapter 120 may apply the
828	uniform mitigation assessment method without the need to adopt
829	it pursuant to s. 120.54. It shall be a goal of the department
830	and water management districts that the uniform mitigation
831	assessment method developed be practicable for use within the
832	timeframes provided in the permitting process and result in a
833	consistent process for determining mitigation requirements. It
834	shall be recognized that any such method shall require the
835	application of reasonable scientific judgment. The uniform
836	mitigation assessment method must determine the value of
837	functions provided by wetlands and other surface waters
838	considering the current conditions of these areas, utilization
839	by fish and wildlife, location, uniqueness, and hydrologic
840	connection, and, when applied to mitigation banks, the factors
841	listed in s. 373.4136(4). The uniform mitigation assessment
842	method shall also account for the expected time-lag associated
843	with offsetting impacts and the degree of risk associated with
844	the proposed mitigation. The uniform mitigation assessment
845	method shall account for different ecological communities in
846	different areas of the state. In developing the uniform
847	mitigation assessment method, the department and water
848	management districts shall consult with approved local programs
849	under s. 403.182 which have an established mitigation program
850	for wetlands or other surface waters. The department and water
851	management districts shall consider the recommendations
852	submitted by such approved local programs, including any
853	recommendations relating to the adoption by the department and
854	water management districts of any uniform mitigation methodology
855	that has been adopted and used by an approved local program in
856	its established mitigation program for wetlands or other surface
857	waters. Environmental resource permitting rules may establish
858	categories of permits or thresholds for minor impacts under
859	which the use of the uniform mitigation assessment method will
860	not be required. The application of the uniform mitigation
861	assessment method is not subject to s. 70.001. In the event the
862	rule establishing the uniform mitigation assessment method is
863	deemed to be invalid, the applicable rules related to
864	establishing needed mitigation in existence prior to the
865	adoption of the uniform mitigation assessment method, including
866	those adopted by a county which is an approved local program
867	under s. 403.182, and the method described in paragraph (b) for
868	existing mitigation banks, shall be authorized for use by the
869	department, water management districts, local governments, and
870	other state agencies.
871	(a)  In developing the uniform mitigation assessment
872	method, the department shall seek input from the United States
873	Army Corps of Engineers in order to promote consistency in the
874	mitigation assessment methods used by the state and federal
875	permitting programs.
876	(b)  An entity which has received a mitigation bank permit
877	prior to the adoption of the uniform mitigation assessment
878	method shall have impact sites assessed, for the purpose of
879	deducting bank credits, using the credit assessment method,
880	including any functional assessment methodology, which was in
881	place when the bank was permitted; unless the entity elects to
882	have its credits redetermined, and thereafter have its credits
883	deducted, using the uniform mitigation assessment method.
884	(c)  The department shall ensure statewide coordination and
885	consistency in the interpretation and application of the uniform
886	mitigation assessment method rule by providing programmatic
887	training and guidance to staff of the department, water
888	management districts, and local governments. To ensure that the
889	uniform mitigation assessment method rule is interpreted and
890	applied uniformly, the department's interpretation, guidance,
891	and approach to applying the uniform mitigation assessment
892	method rule shall govern.
893	(d)  Applicants shall submit the information needed to
894	perform the assessment required under the uniform mitigation
895	assessment method rule and may submit the qualitative
896	characterization and quantitative assessment for each assessment
897	area specified by the rule. The reviewing agency shall review
898	that information and notify the applicant of any inadequacy in
899	the information or application of the assessment method.
900	(e)  When conducting qualitative characterization of
901	artificial wetlands and other surface waters, such as borrow
902	pits, ditches, and canals, under the uniform mitigation
903	assessment method rule, the native community type to which it is
904	most analogous in function shall be used as a reference. For
905	wetlands or other surface waters that have been altered from
906	their native community type, the historic community type at that
907	location shall be used as a reference, unless the alteration has
908	been of such a degree and extent that a different native
909	community type is now present and self-sustaining.
910	(f)  When conducting qualitative characterization of upland
911	mitigation assessment areas, the characterization shall include
912	functions that the upland assessment area provides to the fish
913	and wildlife of the associated wetland or other surface waters.
914	These functions shall be considered and accounted for when
915	scoring the upland assessment area for preservation,
916	enhancement, or restoration.
917	(g)  The term "preservation mitigation," as used in the
918	uniform mitigation assessment method, means the protection of
919	important wetland, other surface water, or upland ecosystems
920	predominantly in their existing condition and absent
921	restoration, creation, or enhancement from adverse impacts by
922	placing a conservation easement or other comparable land use
923	restriction over the property or by donation of fee simple
924	interest in the property. Preservation may include a management
925	plan for perpetual protection of the area. The preservation
926	adjustment factor set forth in rule 62-345.500(3), Florida
927	Administrative Code, shall only apply to preservation
928	mitigation.
929	(h)  When assessing a preservation mitigation assessment
930	area under the uniform mitigation assessment method, the
931	following apply:
932	1.  The term "without preservation" means the reasonably
933	anticipated loss of functions and values provided by the
934	assessment area, assuming the area is not preserved.
935	2.  Each of the considerations of the preservation
936	adjustment factor specified in rule 62-345.500(3)(a), Florida
937	Administrative Code, shall be equally weighted and scored on a
938	scale from 0, no value, to 0.2, optimal value. In addition, the
939	minimum preservation adjustment factor shall be 0.2.
940	(i)  The location and landscape support scores, pursuant to
941	rule 62-345.500, Florida Administrative Code, may change in the
942	"with mitigation" or "with impact" condition in both upland and
943	wetland assessment areas, regardless of the initial community
944	structure or water environment scores.
945	(j)  When a mitigation plan for creation, restoration, or
946	enhancement includes a preservation mechanism, such as a
947	conservation easement, the "with mitigation" assessment of that
948	creation, restoration, or enhancement shall consider, and the
949	scores shall reflect, the benefits of that preservation
950	mechanism, and the benefits of that preservation mechanism may
951	not be scored separately.
952	(k)  Any entity holding a mitigation bank permit that was
953	evaluated under the uniform mitigation assessment method before
954	the effective date of paragraphs (c)-(j) may submit a permit
955	modification request to the relevant permitting agency to have
956	such mitigation bank reassessed pursuant to the provisions set
957	forth in this section, and the relevant permitting agency shall
958	reassess such mitigation bank, if such request is filed with
959	that agency no later than September 30, 2011.
960	Section 14.  Section 373.4141, Florida Statutes, is amended
961	to read:
962	373.4141  Permits; processing.-
963	(1)  Within 30 days after receipt of an application for a
964	permit under this part, the department or the water management
965	district shall review the application and shall request
966	submittal of all additional information the department or the
967	water management district is permitted by law to require. If the
968	applicant believes any request for additional information is not
969	authorized by law or rule, the applicant may request a hearing
970	pursuant to s. 120.57. Within 30 days after receipt of such
971	additional information, the department or water management
972	district shall review it and may request only that information
973	needed to clarify such additional information or to answer new
974	questions raised by or directly related to such additional
975	information. If the applicant believes the request of the
976	department or water management district for such additional
977	information is not authorized by law or rule, the department or
978	water management district, at the applicant's request, shall
979	proceed to process the permit application. The department or
980	water management district may request additional information no
981	more than twice unless the applicant waives this limitation in
982	writing. If the applicant does not provide a written response to
983	the second request for additional information within 90 days or
984	another time period mutually agreed upon between the applicant
985	and the department or water management district, the application
986	shall be considered withdrawn.
987	(2)  A permit shall be approved, or denied, or subject to a
988	notice of proposed agency action within 60 90 days after receipt
989	of the original application, the last item of timely requested
990	additional material, or the applicant's written request to begin
991	processing the permit application.
992	(3)  Processing of applications for permits for affordable
993	housing projects shall be expedited to a greater degree than
994	other projects.
995	(4)  A state agency or an agency of the state may not
996	require as a condition of approval for a permit or as an item to
997	complete a pending permit application that an applicant obtain a
998	permit or approval from any other local, state, or federal
999	agency without explicit statutory authority to require such
1000	permit or approval.
1001	Section 15.  Section 373.4144, Florida Statutes, is amended
1002	to read:
1003	373.4144  Federal environmental permitting.-
1004	(1)  It is the intent of the Legislature to:
1005	(a)  Facilitate coordination and a more efficient process
1006	of implementing regulatory duties and functions between the
1007	Department of Environmental Protection, the water management
1008	districts, the United States Army Corps of Engineers, the United
1009	States Fish and Wildlife Service, the National Marine Fisheries
1010	Service, the United States Environmental Protection Agency, the
1011	Fish and Wildlife Conservation Commission, and other relevant
1012	federal and state agencies.
1013	(b)  Authorize the Department of Environmental Protection
1014	to obtain issuance by the United States Army Corps of Engineers,
1015	pursuant to state and federal law and as set forth in this
1016	section, of an expanded state programmatic general permit, or a
1017	series of regional general permits, for categories of activities
1018	in waters of the United States governed by the Clean Water Act
1019	and in navigable waters under the Rivers and Harbors Act of 1899
1020	which are similar in nature, which will cause only minimal
1021	adverse environmental effects when performed separately, and
1022	which will have only minimal cumulative adverse effects on the
1023	environment.
1024	(c)  Use the mechanism of such a state general permit or
1025	such regional general permits to eliminate overlapping federal
1026	regulations and state rules that seek to protect the same
1027	resource and to avoid duplication of permitting between the
1028	United States Army Corps of Engineers and the department for
1029	minor work located in waters of the United States, including
1030	navigable waters, thus eliminating, in appropriate cases, the
1031	need for a separate individual approval from the United States
1032	Army Corps of Engineers while ensuring the most stringent
1033	protection of wetland resources.
1034	(d)  Direct the department not to seek issuance of or take
1035	any action pursuant to any such permit or permits unless such
1036	conditions are at least as protective of the environment and
1037	natural resources as existing state law under this part and
1038	federal law under the Clean Water Act and the Rivers and Harbors
1039	Act of 1899. The department is directed to develop, on or before
1040	October 1, 2005, a mechanism or plan to consolidate, to the
1041	maximum extent practicable, the federal and state wetland
1042	permitting programs. It is the intent of the Legislature that
1043	all dredge and fill activities impacting 10 acres or less of
1044	wetlands or waters, including navigable waters, be processed by
1045	the state as part of the environmental resource permitting
1046	program implemented by the department and the water management
1047	districts. The resulting mechanism or plan shall analyze and
1048	propose the development of an expanded state programmatic
1049	general permit program in conjunction with the United States
1050	Army Corps of Engineers pursuant to s. 404 of the Clean Water
1051	Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
1052	and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,
1053	or in combination with an expanded state programmatic general
1054	permit, the mechanism or plan may propose the creation of a
1055	series of regional general permits issued by the United States
1056	Army Corps of Engineers pursuant to the referenced statutes. All
1057	of the regional general permits must be administered by the
1058	department or the water management districts or their designees.
1059	(2)  In order to effectuate efficient wetland permitting
1060	and avoid duplication, the department and water management
1061	districts are authorized to implement a voluntary state
1062	programmatic general permit for all dredge and fill activities
1063	impacting 3 acres or less of wetlands or other surface waters,
1064	including navigable waters, subject to agreement with the United
1065	States Army Corps of Engineers, if the general permit is at
1066	least as protective of the environment and natural resources as
1067	existing state law under this part and federal law under the
1068	Clean Water Act and the Rivers and Harbors Act of 1899. The
1069	department is directed to file with the Speaker of the House of
1070	Representatives and the President of the Senate a report
1071	proposing any required federal and state statutory changes that
1072	would be necessary to accomplish the directives listed in this
1073	section and to coordinate with the Florida Congressional
1074	Delegation on any necessary changes to federal law to implement
1075	the directives.
1076	(3)  Nothing in this section shall be construed to preclude
1077	the department from pursuing a series of regional general
1078	permits for construction activities in wetlands or surface
1079	waters or complete assumption of federal permitting programs
1080	regulating the discharge of dredged or fill material pursuant to
1081	s. 404 of the Clean Water Act, Pub. L. No. 92-500, as amended,
1082	33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers and Harbors
1083	Act of 1899, so long as the assumption encompasses all dredge
1084	and fill activities in, on, or over jurisdictional wetlands or
1085	waters, including navigable waters, within the state.
1086	Section 16.  Subsections (2) and (3), paragraph (a) of
1087	subsection (4), and paragraph (a) of subsection (6) of section
1088	373.41492, Florida Statutes, are amended to read:
1089	373.41492  Miami-Dade County Lake Belt Mitigation Plan;
1090	mitigation for mining activities within the Miami-Dade County
1091	Lake Belt.-
1092	(2)  To provide for the mitigation of wetland resources
1093	lost to mining activities within the Miami-Dade County Lake Belt
1094	Plan, effective October 1, 1999, a mitigation fee is imposed on
1095	each ton of limerock and sand extracted by any person who
1096	engages in the business of extracting limerock or sand from
1097	within the Miami-Dade County Lake Belt Area and the east one-
1098	half of sections 24 and 25 and all of sections 35 and 36,
1099	Township 53 South, Range 39 East. The mitigation fee is imposed
1100	for each ton of limerock and sand sold from within the
1101	properties where the fee applies in raw, processed, or
1102	manufactured form, including, but not limited to, sized
1103	aggregate, asphalt, cement, concrete, and other limerock and
1104	concrete products. The mitigation fee imposed by this subsection
1105	for each ton of limerock and sand sold shall be 12 cents per ton
1106	beginning January 1, 2007; 18 cents per ton beginning January 1,
1107	2008; 24 cents per ton beginning January 1, 2009; and 45 cents
1108	per ton beginning close of business December 31, 2011. To pay
1109	for seepage mitigation projects, including hydrological
1110	structures, as authorized in an environmental resource permit
1111	issued by the department for mining activities within the Miami-
1112	Dade County Lake Belt Area, and to upgrade a water treatment
1113	plant that treats water coming from the Northwest Wellfield in
1114	Miami-Dade County, a water treatment plant upgrade fee is
1115	imposed within the same Lake Belt Area subject to the mitigation
1116	fee and upon the same kind of mined limerock and sand subject to
1117	the mitigation fee. The water treatment plant upgrade fee
1118	imposed by this subsection for each ton of limerock and sand
1119	sold shall be 15 cents per ton beginning on January 1, 2007, and
1120	the collection of this fee shall cease once the total amount of
1121	proceeds collected for this fee reaches the amount of the actual
1122	moneys necessary to design and construct the water treatment
1123	plant upgrade, as determined in an open, public solicitation
1124	process. Any limerock or sand that is used within the mine from
1125	which the limerock or sand is extracted is exempt from the fees.
1126	The amount of the mitigation fee and the water treatment plant
1127	upgrade fee imposed under this section must be stated separately
1128	on the invoice provided to the purchaser of the limerock or sand
1129	product from the limerock or sand miner, or its subsidiary or
1130	affiliate, for which the fee or fees apply. The limerock or sand
1131	miner, or its subsidiary or affiliate, who sells the limerock or
1132	sand product shall collect the mitigation fee and the water
1133	treatment plant upgrade fee and forward the proceeds of the fees
1134	to the Department of Revenue on or before the 20th day of the
1135	month following the calendar month in which the sale occurs. As
1136	used in this section, the term "proceeds of the fee" means all
1137	funds collected and received by the Department of Revenue under
1138	this section, including interest and penalties on delinquent
1139	fees. The amount deducted for administrative costs may not
1140	exceed 3 percent of the total revenues collected under this
1141	section and may equal only those administrative costs reasonably
1142	attributable to the fees.
1143	(3)  The mitigation fee and the water treatment plant
1144	upgrade fee imposed by this section must be reported to the
1145	Department of Revenue. Payment of the mitigation and the water
1146	treatment plant upgrade fees must be accompanied by a form
1147	prescribed by the Department of Revenue.
1148	(a)  The proceeds of the mitigation fee, less
1149	administrative costs, must be transferred by the Department of
1150	Revenue to the South Florida Water Management District and
1151	deposited into the Lake Belt Mitigation Trust Fund.
1152	(b)  Beginning January 1, 2012, the proceeds of the water
1153	treatment plant upgrade fee, less administrative costs, must be
1154	transferred by the Department of Revenue to the South Florida
1155	Water Management District and deposited into the Lake Belt
1156	Mitigation Trust Fund until either:
1157	1.  A total of $20 million from the water treatment plant
1158	upgrade fee proceeds, less administrative costs, is deposited
1159	into the Lake Belt Mitigation Trust Fund; or
1160	2.  The quarterly pathogen sampling conducted as a
1161	condition of the permits issued by the department for rock
1162	mining activities in the Miami-Dade Lake Belt Area demonstrates
1163	that the water in any quarry lake in the vicinity of the
1164	Northwest Wellfield would be classified as being in Bin Two or
1165	higher as defined in the Environmental Protection Agency's
1166	Enhanced Surface Water Treatment Rule.
1167	(c)  Upon the earliest occurrence of the criteria under
1168	either subparagraph (b)1. or subparagraph (b)2., the proceeds of
1169	the water treatment plant upgrade fee, less administrative
1170	costs, must be transferred by the Department of Revenue to a
1171	trust fund established by Miami-Dade County, for the sole
1172	purpose authorized by paragraph (6)(a). As used in this section,
1173	the term "proceeds of the fee" means all funds collected and
1174	received by the Department of Revenue under this section,
1175	including interest and penalties on delinquent fees. The amount
1176	deducted for administrative costs may not exceed 3 percent of
1177	the total revenues collected under this section and may equal
1178	only those administrative costs reasonably attributable to the
1179	fees.
1180	(4)(a)  The Department of Revenue shall administer,
1181	collect, and enforce the mitigation and water treatment plant
1182	upgrade fees authorized under this section in accordance with
1183	the procedures used to administer, collect, and enforce the
1184	general sales tax imposed under chapter 212. The provisions of
1185	chapter 212 with respect to the authority of the Department of
1186	Revenue to audit and make assessments, the keeping of books and
1187	records, and the interest and penalties imposed on delinquent
1188	fees apply to this section. The fees may not be included in
1189	computing estimated taxes under s. 212.11, and the dealer's
1190	credit for collecting taxes or fees provided for in s. 212.12
1191	does not apply to the fees imposed by this section.
1192	(6)(a)  The proceeds of the mitigation fee must be used to
1193	conduct mitigation activities that are appropriate to offset the
1194	loss of the value and functions of wetlands as a result of
1195	mining activities and must be used in a manner consistent with
1196	the recommendations contained in the reports submitted to the
1197	Legislature by the Miami-Dade County Lake Belt Plan
1198	Implementation Committee and adopted under s. 373.4149. Such
1199	mitigation may include the purchase, enhancement, restoration,
1200	and management of wetlands and uplands, the purchase of
1201	mitigation credit from a permitted mitigation bank, and any
1202	structural modifications to the existing drainage system to
1203	enhance the hydrology of the Miami-Dade County Lake Belt Area.
1204	Funds may also be used to reimburse other funding sources,
1205	including the Save Our Rivers Land Acquisition Program, the
1206	Internal Improvement Trust Fund, the South Florida Water
1207	Management District, and Miami-Dade County, for the purchase of
1208	lands that were acquired in areas appropriate for mitigation due
1209	to rock mining and to reimburse governmental agencies that
1210	exchanged land under s. 373.4149 for mitigation due to rock
1211	mining. The proceeds of the water treatment plant upgrade fee
1212	that are deposited into the Lake Belt Mitigation Trust Fund
1213	shall be used solely to pay for seepage mitigation projects,
1214	including groundwater or surface water management structures, as
1215	authorized in an environmental resource permit issued by the
1216	department for mining activities within the Miami-Dade County
1217	Lake Belt Area. The proceeds of the water treatment plant
1218	upgrade fee that are transferred to a trust fund established by
1219	Miami-Dade County shall be used to upgrade a water treatment
1220	plant that treats water coming from the Northwest Wellfield in
1221	Miami-Dade County. As used in this section, the terms "upgrade a
1222	water treatment plant" or "water treatment plant upgrade" means
1223	those works necessary to treat or filter a surface water source
1224	or supply or both.
1225	Section 17.  Present subsections (3), (4), and (5) of
1226	section 373.441, Florida Statutes, are renumbered as subsections
1227	(7), (8), and (9), respectively, and new subsections (3), (4),
1228	(5), and (6) are added to that section, to read:
1229	373.441  Role of counties, municipalities, and local
1230	pollution control programs in permit processing; delegation.-
1231	(3)  A county or municipality having a population of
1232	400,000 or more that implements a local pollution control
1233	program regulating all or a portion of the wetlands or surface
1234	waters throughout its geographic boundary must apply for
1235	delegation of state environmental resource permitting authority
1236	on or before January 1, 2013. If such a county or municipality
1237	fails to receive delegation of all or a portion of state
1238	environmental resource permitting authority within 2 years after
1239	submitting its application for delegation or by January 1, 2015,
1240	at the latest, it may not require permits that in part or in
1241	full are substantially similar to the requirements needed to
1242	obtain an environmental resource permit. A county or
1243	municipality that has received delegation before January 1,
1244	2013, does not need to reapply.
1245	(4)  The department is responsible for all delegations of
1246	state environmental resource permitting authority to local
1247	governments. The department must grant or deny an application
1248	for delegation submitted by a county or municipality that meets
1249	the criteria in subsection (3) within 2 years after the receipt
1250	of the application. If an application for delegation is denied,
1251	any available legal challenge to such denial shall toll the
1252	preemption deadline until resolution of the legal challenge.
1253	Upon delegation to a qualified local government, the department
1254	and water management district may not regulate the activities
1255	subject to the delegation within that jurisdiction.
1256	(5)  This section does not prohibit or limit a local
1257	government that meets the criteria in subsection (3) from
1258	regulating wetlands or surface waters after January 1, 2013, if
1259	the local government receives delegation of all or a portion of
1260	state environmental resource permitting authority within 2 years
1261	after submitting its application for delegation.
1262	(6)  Notwithstanding subsections (3), (4), and (5), this
1263	section does not apply to environmental resource permitting or
1264	reclamation applications for solid mineral mining and does not
1265	prohibit the application of local government regulations to any
1266	new solid mineral mine or any proposed addition to, change to,
1267	or expansion of an existing solid mineral mine.
1268	Section 18.  Paragraph (b) of subsection (11) of section
1269	376.3071, Florida Statutes, is amended to read:
1270	376.3071  Inland Protection Trust Fund; creation; purposes;
1271	funding.-
1272	(11)
1273	(b)  Low-scored site initiative.-Notwithstanding s.
1274	376.30711, any site with a priority ranking score of 10 points
1275	or less may voluntarily participate in the low-scored site
1276	initiative, whether or not the site is eligible for state
1277	restoration funding.
1278	1.  To participate in the low-scored site initiative, the
1279	responsible party or property owner must affirmatively
1280	demonstrate that the following conditions are met:
1281	a.  Upon reassessment pursuant to department rule, the site
1282	retains a priority ranking score of 10 points or less.
1283	b.  No excessively contaminated soil, as defined by
1284	department rule, exists onsite as a result of a release of
1285	petroleum products.
1286	c.  A minimum of 6 months of groundwater monitoring
1287	indicates that the plume is shrinking or stable.
1288	d.  The release of petroleum products at the site does not
1289	adversely affect adjacent surface waters, including their
1290	effects on human health and the environment.
1291	e.  The area of groundwater containing the petroleum
1292	products' chemicals of concern is less than one-quarter acre and
1293	is confined to the source property boundaries of the real
1294	property on which the discharge originated.
1295	f.  Soils onsite that are subject to human exposure found
1296	between land surface and 2 feet below land surface meet the soil
1297	cleanup target levels established by department rule or human
1298	exposure is limited by appropriate institutional or engineering
1299	controls.
1300	2.  Upon affirmative demonstration of the conditions under
1301	subparagraph 1., the department shall issue a determination of
1302	"No Further Action." Such determination acknowledges that
1303	minimal contamination exists onsite and that such contamination
1304	is not a threat to human health or the environment. If no
1305	contamination is detected, the department may issue a site
1306	rehabilitation completion order.
1307	3.  Sites that are eligible for state restoration funding
1308	may receive payment of preapproved costs for the low-scored site
1309	initiative as follows:
1310	a.  A responsible party or property owner may submit an
1311	assessment plan designed to affirmatively demonstrate that the
1312	site meets the conditions under subparagraph 1. Notwithstanding
1313	the priority ranking score of the site, the department may
1314	preapprove the cost of the assessment pursuant to s. 376.30711,
1315	including 6 months of groundwater monitoring, not to exceed
1316	$30,000 for each site. The department may not pay the costs
1317	associated with the establishment of institutional or
1318	engineering controls.
1319	b.  The assessment work shall be completed no later than 6
1320	months after the department issues its approval.
1321	c.  No more than $10 million for the low-scored site
1322	initiative shall be encumbered from the Inland Protection Trust
1323	Fund in any fiscal year. Funds shall be made available on a
1324	first-come, first-served basis and shall be limited to 10 sites
1325	in each fiscal year for each responsible party or property
1326	owner.
1327	d.  Program deductibles, copayments, and the limited
1328	contamination assessment report requirements under paragraph
1329	(13)(c) do not apply to expenditures under this paragraph.
1330	Section 19.  Section 376.30715, Florida Statutes, is
1331	amended to read:
1332	376.30715  Innocent victim petroleum storage system
1333	restoration.-A contaminated site acquired by the current owner
1334	prior to July 1, 1990, which has ceased operating as a petroleum
1335	storage or retail business prior to January 1, 1985, is eligible
1336	for financial assistance pursuant to s. 376.305(6),
1337	notwithstanding s. 376.305(6)(a). For purposes of this section,
1338	the term "acquired" means the acquisition of title to the
1339	property; however, a subsequent transfer of the property to a
1340	spouse or child of the owner, a surviving spouse or child of the
1341	owner in trust or free of trust, or a revocable trust created
1342	for the benefit of the settlor, or a corporate entity created by
1343	the owner to hold title to the site does not disqualify the site
1344	from financial assistance pursuant to s. 376.305(6) and
1345	applicants previously denied coverage may reapply. Eligible
1346	sites shall be ranked in accordance with s. 376.3071(5).
1347	Section 20.  Paragraph (u) is added to subsection (24) of
1348	section 380.06, Florida Statutes, to read:
1349	380.06  Developments of regional impact.-
1350	(24)  STATUTORY EXEMPTIONS.-
1351	(u)  Any proposed solid mineral mine and any proposed
1352	addition to, expansion of, or change to an existing solid
1353	mineral mine is exempt from the provisions of this section.
1354	Proposed changes to any previously approved solid mineral mine
1355	development-of-regional-impact development orders having vested
1356	rights is not subject to further review or approval as a
1357	development of regional impact or notice of proposed change
1358	review or approval pursuant to subsection (19), except for those
1359	applications pending as of July 1, 2011, which shall be governed
1360	by s. 380.115(2). Notwithstanding the foregoing, however,
1361	pursuant to s. 380.115(1), previously approved solid mineral
1362	mine development-of-regional-impact development orders shall
1363	continue to enjoy vested rights and continue to be effective
1364	unless rescinded by the developer. All local government
1365	regulations of proposed solid mineral mines apply to any new
1366	solid mineral mine or to any proposed addition to, expansion of,
1367	or change to an existing solid mineral mine. Notwithstanding
1368	this exemption, a new solid mineral mine that contributes more
1369	than 5 percent of the maximum service volume to a Strategic
1370	Intermodal System facility operating below its designated level
1371	of service must enter into a binding agreement with the
1372	Department of Transportation to mitigate its impacts to the
1373	Strategic Intermodal System facility.
1374
1375	If a use is exempt from review as a development of regional
1376	impact under paragraphs (a)-(s), but will be part of a larger
1377	project that is subject to review as a development of regional
1378	impact, the impact of the exempt use must be included in the
1379	review of the larger project, unless such exempt use involves a
1380	development of regional impact that includes a landowner,
1381	tenant, or user that has entered into a funding agreement with
1382	the Office of Tourism, Trade, and Economic Development under the
1383	Innovation Incentive Program and the agreement contemplates a
1384	state award of at least $50 million.
1385	Section 21.  Subsection (1) of section 380.0657, Florida
1386	Statutes, is amended to read:
1387	380.0657  Expedited permitting process for economic
1388	development projects.-
1389	(1)  The Department of Environmental Protection and, as
1390	appropriate, the water management districts created under
1391	chapter 373 shall adopt programs to expedite the processing of
1392	wetland resource and environmental resource permits for economic
1393	development projects that have been identified by a municipality
1394	or county as meeting the definition of target industry
1395	businesses under s. 288.106, or any inland multimodal facility,
1396	receiving or sending cargo to or from Florida ports, with the
1397	exception of those projects requiring approval by the Board of
1398	Trustees of the Internal Improvement Trust Fund.
1399	Section 22.  Subsection (11) of section 403.061, Florida
1400	Statutes, is amended to read:
1401	403.061  Department; powers and duties.-The department
1402	shall have the power and the duty to control and prohibit
1403	pollution of air and water in accordance with the law and rules
1404	adopted and promulgated by it and, for this purpose, to:
1405	(11)  Establish ambient air quality and water quality
1406	standards for the state as a whole or for any part thereof, and
1407	also standards for the abatement of excessive and unnecessary
1408	noise. The department is authorized to establish reasonable
1409	zones of mixing for discharges into waters. For existing
1410	installations as defined by rule 62-520.200(10), Florida
1411	Administrative Code, effective July 12, 2009, zones of discharge
1412	to groundwater are authorized to a facility's or owner's
1413	property boundary and extending to the base of a specifically
1414	designated aquifer or aquifers. Exceedance of primary and
1415	secondary groundwater standards that occur within a zone of
1416	discharge does not create liability pursuant to this chapter or
1417	chapter 376 for site cleanup, and the exceedance of soil cleanup
1418	target levels is not a basis for enforcement or site cleanup.
1419	(a)  When a receiving body of water fails to meet a water
1420	quality standard for pollutants set forth in department rules, a
1421	steam electric generating plant discharge of pollutants that is
1422	existing or licensed under this chapter on July 1, 1984, may
1423	nevertheless be granted a mixing zone, provided that:
1424	1.  The standard would not be met in the water body in the
1425	absence of the discharge;
1426	2.  The discharge is in compliance with all applicable
1427	technology-based effluent limitations;
1428	3.  The discharge does not cause a measurable increase in
1429	the degree of noncompliance with the standard at the boundary of
1430	the mixing zone; and
1431	4.  The discharge otherwise complies with the mixing zone
1432	provisions specified in department rules.
1433	(b)  No mixing zone for point source discharges shall be
1434	permitted in Outstanding Florida Waters except for:
1435	1.  Sources that have received permits from the department
1436	prior to April 1, 1982, or the date of designation, whichever is
1437	later;
1438	2.  Blowdown from new power plants certified pursuant to
1439	the Florida Electrical Power Plant Siting Act;
1440	3.  Discharges of water necessary for water management
1441	purposes which have been approved by the governing board of a
1442	water management district and, if required by law, by the
1443	secretary; and
1444	4.  The discharge of demineralization concentrate which has
1445	been determined permittable under s. 403.0882 and which meets
1446	the specific provisions of s. 403.0882(4)(a) and (b), if the
1447	proposed discharge is clearly in the public interest.
1448	(c)  The department, by rule, shall establish water quality
1449	criteria for wetlands which criteria give appropriate
1450	recognition to the water quality of such wetlands in their
1451	natural state.
1452
1453	Nothing in this act shall be construed to invalidate any
1454	existing department rule relating to mixing zones. The
1455	department shall cooperate with the Department of Highway Safety
1456	and Motor Vehicles in the development of regulations required by
1457	s. 316.272(1).
1458
1459	The department shall implement such programs in conjunction with
1460	its other powers and duties and shall place special emphasis on
1461	reducing and eliminating contamination that presents a threat to
1462	humans, animals or plants, or to the environment.
1463	Section 23.  Subsection (7) of section 403.087, Florida
1464	Statutes, is amended to read:
1465	403.087  Permits; general issuance; denial; revocation;
1466	prohibition; penalty.-
1467	(7)  A permit issued pursuant to this section shall not
1468	become a vested right in the permittee. The department may
1469	revoke any permit issued by it if it finds that the permitholder
1470	has:
1471	(a)  Has Submitted false or inaccurate information in the
1472	his or her application for such permit;
1473	(b)  Has Violated law, department orders, rules, or
1474	regulations, or permit conditions;
1475	(c)  Has Failed to submit operational reports or other
1476	information required by department rule which directly relate to
1477	such permit and has refused to correct or cure such violations
1478	when requested to do so or regulation; or
1479	(d)  Has Refused lawful inspection under s. 403.091 at the
1480	facility authorized by such permit.
1481	Section 24.  Section 403.0874, Florida Statutes, is created
1482	to read:
1483	403.0874  Incentive-based permitting program.-
1484	(1)  SHORT TITLE.-This section may be cited as the "Florida
1485	Incentive-based Permitting Act."
1486	(2)  FINDINGS AND INTENT.-The Legislature finds and
1487	declares that the department should consider compliance history
1488	when deciding whether to issue, renew, amend, or modify a permit
1489	by evaluating an applicant's site-specific and program-specific
1490	relevant aggregate compliance history. Persons having a history
1491	of complying with applicable permits or state environmental laws
1492	and rules are eligible for permitting benefits, including, but
1493	not limited to, expedited permit application reviews, longer-
1494	duration permit periods, decreased announced compliance
1495	inspections, and other similar regulatory and compliance
1496	incentives to encourage and reward such persons for their
1497	environmental performance.
1498	(3)  APPLICABILITY.-
1499	(a)  This section applies to all persons and regulated
1500	activities that are subject to the permitting requirements of
1501	chapter 161, chapter 373, or this chapter, and all other
1502	applicable state or federal laws that govern activities for the
1503	purpose of protecting the environment or the public health from
1504	pollution or contamination.
1505	(b)  Notwithstanding paragraph (a), this section does not
1506	apply to certain permit actions or environmental permitting laws
1507	such as:
1508	1.  Environmental permitting or authorization laws that
1509	regulate activities for the purpose of zoning, growth
1510	management, or land use; or
1511	2.  Any federal law or program delegated or assumed by the
1512	state to the extent that implementation of this section, or any
1513	part of this section, would jeopardize the ability of the state
1514	to retain such delegation or assumption.
1515	(c)  As used in this section, the term "regulated activity"
1516	means any activity, including, but not limited to, the
1517	construction or operation of a facility, installation, system,
1518	or project, for which a permit, certification, or authorization
1519	is required under chapter 161, chapter 373, or this chapter.
1520	(4)  COMPLIANCE HISTORY.-The compliance history period
1521	shall be the 10 years before the date any permit or renewal
1522	application is received by the department. Any person is
1523	entitled to the incentives under subsection (5) if:
1524	(a)1.  The applicant has conducted the regulated activity
1525	at the same site for which the permit or renewal is sought for
1526	at least 8 of the 10 years before the date the permit
1527	application is received by the department; or
1528	2.  The applicant has conducted the same regulated activity
1529	at a different site within the state for at least 8 of the 10
1530	years before the date the permit or renewal application is
1531	received by the department; and
1532	(b)  In the 10 years before the date the permit or renewal
1533	application is received by the department or water management
1534	district, the applicant has not been subject to a final
1535	administrative order or civil judgment or criminal conviction
1536	whereby an administrative law judge or civil or criminal court
1537	found the applicant violated the applicable law or rule and has
1538	not been the subject of an administrative settlement or consent
1539	order, whether formal or informal, that established a violation
1540	of an applicable law or rule; and
1541	(c)  The applicant can demonstrate during a 10-year
1542	compliance history period the implementation of activities or
1543	practices that resulted in:
1544	1.  Reductions in actual or permitted discharges or
1545	emissions;
1546	2.  Reductions in the impacts of regulated activities on
1547	public lands or natural resources; and
1548	3.  Implementation of voluntary environmental performance
1549	programs, such as environmental management systems.
1550	(5)  COMPLIANCE INCENTIVES.-An applicant shall request all
1551	applicable incentives at the time of application submittal.
1552	Unless otherwise prohibited by state or federal law, rule, or
1553	regulation, and if the applicant meets all other applicable
1554	criteria for the issuance of a permit or authorization, an
1555	applicant is entitled to the following incentives:
1556	(a)  Expedited reviews on permit actions, including, but
1557	not limited to, initial permit issuance, renewal, modification,
1558	and transfer, if applicable. Expedited review means, at a
1559	minimum, that the initial request for additional information
1560	regarding a permit application shall be issued no later than 30
1561	days after the application is filed, and final agency action
1562	shall be taken no later than 60 days after the application is
1563	deemed complete;
1564	(b)  Priority review of the permit application;
1565	(c)  Reduction in the number of routine compliance
1566	inspections;
1567	(d)  No more than two requests for additional information
1568	under s. 120.60; and
1569	(e)  Longer permit period durations.
1570	(6)  RULEMAKING.-The department may adopt additional
1571	incentives by rule. Such incentives shall be based on, and
1572	proportional to, actions taken by the applicant to reduce the
1573	applicant's impacts on human health and the environment beyond
1574	those actions required by law. The department's rules adopted
1575	under this section are binding on the water management districts
1576	and any local government that has been delegated or assumed a
1577	regulatory program to which this section applies.
1578	(7)  SAVINGS PROVISION.-This section does not affect an
1579	applicant's responsibility to provide reasonable assurance of
1580	compliance with applicable statutes and rules as a condition
1581	precedent to issuance of a permit and does not limit factors the
1582	department, a water management district, or a delegated program
1583	may consider in evaluating a permit application under existing
1584	law.
1585	Section 25.  Subsection (2) of section 403.1838, Florida
1586	Statutes, is amended to read:
1587	403.1838  Small Community Sewer Construction Assistance
1588	Act.-
1589	(2)  The department shall use funds specifically
1590	appropriated to award grants under this section to assist
1591	financially disadvantaged small communities with their needs for
1592	adequate sewer facilities. For purposes of this section, the
1593	term "financially disadvantaged small community" means a
1594	municipality that has with a population of 10,000 7,500 or fewer
1595	less, according to the latest decennial census and a per capita
1596	annual income less than the state per capita annual income as
1597	determined by the United States Department of Commerce.
1598	Section 26.  Paragraph (f) of subsection (1) of section
1599	403.7045, Florida Statutes, is amended to read:
1600	403.7045  Application of act and integration with other
1601	acts.-
1602	(1)  The following wastes or activities shall not be
1603	regulated pursuant to this act:
1604	(f)  Industrial byproducts, if:
1605	1.  A majority of the industrial byproducts are
1606	demonstrated to be sold, used, or reused within 1 year.
1607	2.  The industrial byproducts are not discharged,
1608	deposited, injected, dumped, spilled, leaked, or placed upon any
1609	land or water so that such industrial byproducts, or any
1610	constituent thereof, may enter other lands or be emitted into
1611	the air or discharged into any waters, including groundwaters,
1612	or otherwise enter the environment such that a threat of
1613	contamination in excess of applicable department standards and
1614	criteria or a significant threat to public health is caused.
1615	3.  The industrial byproducts are not hazardous wastes as
1616	defined under s. 403.703 and rules adopted under this section.
1617
1618	Sludge from an industrial waste treatment works that meets the
1619	exemption requirements of this paragraph is not solid waste as
1620	defined in s. 403.703(32).
1621	Section 27.  Subsections (2) and (3) of section 403.707,
1622	Florida Statutes, are amended to read:
1623	403.707  Permits.-
1624	(2)  Except as provided in s. 403.722(6), a permit under
1625	this section is not required for the following, if the activity
1626	does not create a public nuisance or any condition adversely
1627	affecting the environment or public health and does not violate
1628	other state or local laws, ordinances, rules, regulations, or
1629	orders:
1630	(a)  Disposal by persons of solid waste resulting from
1631	their own activities on their own property, if such waste is
1632	ordinary household waste from their residential property or is
1633	rocks, soils, trees, tree remains, and other vegetative matter
1634	that normally result from land development operations. Disposal
1635	of materials that could create a public nuisance or adversely
1636	affect the environment or public health, such as white goods;
1637	automotive materials, such as batteries and tires; petroleum
1638	products; pesticides; solvents; or hazardous substances, is not
1639	covered under this exemption.
1640	(b)  Storage in containers by persons of solid waste
1641	resulting from their own activities on their property, leased or
1642	rented property, or property subject to a homeowners or
1643	maintenance association for which the person contributes
1644	association assessments, if the solid waste in such containers
1645	is collected at least once a week.
1646	(c)  Disposal by persons of solid waste resulting from
1647	their own activities on their property, if the environmental
1648	effects of such disposal on groundwater and surface waters are:
1649	1.  Addressed or authorized by a site certification order
1650	issued under part II or a permit issued by the department under
1651	this chapter or rules adopted pursuant to this chapter; or
1652	2.  Addressed or authorized by, or exempted from the
1653	requirement to obtain, a groundwater monitoring plan approved by
1654	the department. If a facility has a permit authorizing disposal
1655	activity, new areas where solid waste is being disposed of that
1656	are monitored by an existing or modified groundwater monitoring
1657	plan are not required to be specifically authorized in a permit
1658	or other certification.
1659	(d)  Disposal by persons of solid waste resulting from
1660	their own activities on their own property, if such disposal
1661	occurred prior to October 1, 1988.
1662	(e)  Disposal of solid waste resulting from normal farming
1663	operations as defined by department rule. Polyethylene
1664	agricultural plastic, damaged, nonsalvageable, untreated wood
1665	pallets, and packing material that cannot be feasibly recycled,
1666	which are used in connection with agricultural operations
1667	related to the growing, harvesting, or maintenance of crops, may
1668	be disposed of by open burning if a public nuisance or any
1669	condition adversely affecting the environment or the public
1670	health is not created by the open burning and state or federal
1671	ambient air quality standards are not violated.
1672	(f)  The use of clean debris as fill material in any area.
1673	However, this paragraph does not exempt any person from
1674	obtaining any other required permits, and does not affect a
1675	person's responsibility to dispose of clean debris appropriately
1676	if it is not to be used as fill material.
1677	(g)  Compost operations that produce less than 50 cubic
1678	yards of compost per year when the compost produced is used on
1679	the property where the compost operation is located.
1680	(3)(a)  All applicable provisions of ss. 403.087 and
1681	403.088, relating to permits, apply to the control of solid
1682	waste management facilities.
1683	(b)  Any permit issued to a solid waste management facility
1684	that is designed with a leachate control system that meets
1685	department requirements shall be issued for a term of 20 years
1686	unless the applicant requests a lesser permit term. Existing
1687	permit fees for qualifying solid waste management facilities
1688	shall be prorated to the permit term authorized by this section.
1689	This provision applies to all qualifying solid waste management
1690	facilities that apply for an operating or construction permit or
1691	renew an existing operating or construction permit on or after
1692	July 1, 2012.
1693	Section 28.  Subsection (12) is added to section 403.814,
1694	Florida Statutes, to read:
1695	403.814  General permits; delegation.-
1696	(12)  A general permit shall be granted for the
1697	construction, alteration, and maintenance of a surface water
1698	management system serving a total project area of up to 10
1699	acres. The construction of such a system may proceed without any
1700	agency action by the department or water management district if:
1701	(a)  The total project area is less than 10 acres;
1702	(b)  The total project area involves less than 2 acres of
1703	impervious surface;
1704	(c)  No activities will impact wetlands or other surface
1705	waters;
1706	(d)  No activities are conducted in, on, or over wetlands
1707	or other surface waters;
1708	(e)  Drainage facilities will not include pipes having
1709	diameters greater than 24 inches, or the hydraulic equivalent,
1710	and will not use pumps in any manner;
1711	(f)  The project is not part of a larger common plan,
1712	development, or sale.
1713	(g)  The project does not:
1714	1.  Cause adverse water quantity or flooding impacts to
1715	receiving water and adjacent lands;
1716	2.  Cause adverse impacts to existing surface water storage
1717	and conveyance capabilities;
1718	3.  Cause a violation of state water quality standards; and
1719	4.  Cause an adverse impact to the maintenance of surface
1720	or ground water levels or surface water flows established
1721	pursuant to s. 373.042 or a work of the district established
1722	pursuant to s. 373.086; and
1723	(h)  The surface water management system design plans must
1724	be signed and sealed by a Florida registered professional who
1725	shall attest that the system will perform and function as
1726	proposed and has been designed in accordance with appropriate,
1727	generally accepted performance standards and scientific
1728	principles.
1729	Section 29.  Subsection (6) of section 403.853, Florida
1730	Statutes, is amended to read:
1731	403.853  Drinking water standards.-
1732	(6)  Upon the request of the owner or operator of a
1733	transient noncommunity water system using groundwater as a
1734	source of supply and serving religious institutions or
1735	businesses, other than restaurants or other public food service
1736	establishments or religious institutions with school or day care
1737	services, and using groundwater as a source of supply, the
1738	department, or a local county health department designated by
1739	the department, shall perform a sanitary survey of the facility.
1740	Upon receipt of satisfactory survey results according to
1741	department criteria, the department shall reduce the
1742	requirements of such owner or operator from monitoring and
1743	reporting on a quarterly basis to performing these functions on
1744	an annual basis. Any revised monitoring and reporting schedule
1745	approved by the department under this subsection shall apply
1746	until such time as a violation of applicable state or federal
1747	primary drinking water standards is determined by the system
1748	owner or operator, by the department, or by an agency designated
1749	by the department, after a random or routine sanitary survey.
1750	Certified operators are not required for transient noncommunity
1751	water systems of the type and size covered by this subsection.
1752	Any reports required of such system shall be limited to the
1753	minimum as required by federal law. When not contrary to the
1754	provisions of federal law, the department may, upon request and
1755	by rule, waive additional provisions of state drinking water
1756	regulations for such systems.
1757	Section 30.  Paragraph (a) of subsection (3) and
1758	subsections (4), (5), (10), (11), (14), (15), and (18) of
1759	section 403.973, Florida Statutes, are amended to read:
1760	403.973  Expedited permitting; amendments to comprehensive
1761	plans.-
1762	(3)(a)  The secretary shall direct the creation of regional
1763	permit action teams for the purpose of expediting review of
1764	permit applications and local comprehensive plan amendments
1765	submitted by:
1766	1.  Businesses creating at least 50 jobs or a commercial or
1767	industrial development project that will be occupied by
1768	businesses that would individually or collectively create at
1769	least 50 jobs; or
1770	2.  Businesses creating at least 25 jobs if the project is
1771	located in an enterprise zone, or in a county having a
1772	population of fewer than 75,000 or in a county having a
1773	population of fewer than 125,000 which is contiguous to a county
1774	having a population of fewer than 75,000, as determined by the
1775	most recent decennial census, residing in incorporated and
1776	unincorporated areas of the county.
1777	(4)  The regional teams shall be established through the
1778	execution of a project-specific memoranda of agreement developed
1779	and executed by the applicant and the secretary, with input
1780	solicited from the office and the respective heads of the
1781	Department of Community Affairs, the Department of
1782	Transportation and its district offices, the Department of
1783	Agriculture and Consumer Services, the Fish and Wildlife
1784	Conservation Commission, appropriate regional planning councils,
1785	appropriate water management districts, and voluntarily
1786	participating municipalities and counties. The memoranda of
1787	agreement should also accommodate participation in this
1788	expedited process by other local governments and federal
1789	agencies as circumstances warrant.
1790	(5)  In order to facilitate local government's option to
1791	participate in this expedited review process, the secretary
1792	shall, in cooperation with local governments and participating
1793	state agencies, create a standard form memorandum of agreement.
1794	The standard form of the memorandum of agreement shall be used
1795	only if the local government participates in the expedited
1796	review process. In the absence of local government
1797	participation, only the project-specific memorandum of agreement
1798	executed pursuant to subsection (4) applies. A local government
1799	shall hold a duly noticed public workshop to review and explain
1800	to the public the expedited permitting process and the terms and
1801	conditions of the standard form memorandum of agreement.
1802	(10)  The memoranda of agreement may provide for the waiver
1803	or modification of procedural rules prescribing forms, fees,
1804	procedures, or time limits for the review or processing of
1805	permit applications under the jurisdiction of those agencies
1806	that are members of the regional permit action team party to the
1807	memoranda of agreement. Notwithstanding any other provision of
1808	law to the contrary, a memorandum of agreement must to the
1809	extent feasible provide for proceedings and hearings otherwise
1810	held separately by the parties to the memorandum of agreement to
1811	be combined into one proceeding or held jointly and at one
1812	location. Such waivers or modifications shall not be available
1813	for permit applications governed by federally delegated or
1814	approved permitting programs, the requirements of which would
1815	prohibit, or be inconsistent with, such a waiver or
1816	modification.
1817	(11)  The standard form for memoranda of agreement shall
1818	include guidelines to be used in working with state, regional,
1819	and local permitting authorities. Guidelines may include, but
1820	are not limited to, the following:
1821	(a)  A central contact point for filing permit applications
1822	and local comprehensive plan amendments and for obtaining
1823	information on permit and local comprehensive plan amendment
1824	requirements;
1825	(b)  Identification of the individual or individuals within
1826	each respective agency who will be responsible for processing
1827	the expedited permit application or local comprehensive plan
1828	amendment for that agency;
1829	(c)  A mandatory preapplication review process to reduce
1830	permitting conflicts by providing guidance to applicants
1831	regarding the permits needed from each agency and governmental
1832	entity, site planning and development, site suitability and
1833	limitations, facility design, and steps the applicant can take
1834	to ensure expeditious permit application and local comprehensive
1835	plan amendment review. As a part of this process, the first
1836	interagency meeting to discuss a project shall be held within 14
1837	days after the secretary's determination that the project is
1838	eligible for expedited review. Subsequent interagency meetings
1839	may be scheduled to accommodate the needs of participating local
1840	governments that are unable to meet public notice requirements
1841	for executing a memorandum of agreement within this timeframe.
1842	This accommodation may not exceed 45 days from the secretary's
1843	determination that the project is eligible for expedited review;
1844	(d)  The preparation of a single coordinated project
1845	description form and checklist and an agreement by state and
1846	regional agencies to reduce the burden on an applicant to
1847	provide duplicate information to multiple agencies;
1848	(e)  Establishment of a process for the adoption and review
1849	of any comprehensive plan amendment needed by any certified
1850	project within 90 days after the submission of an application
1851	for a comprehensive plan amendment. However, the memorandum of
1852	agreement may not prevent affected persons as defined in s.
1853	163.3184 from appealing or participating in this expedited plan
1854	amendment process and any review or appeals of decisions made
1855	under this paragraph; and
1856	(f)  Additional incentives for an applicant who proposes a
1857	project that provides a net ecosystem benefit.
1858	(14)(a)  Challenges to state agency action in the expedited
1859	permitting process for projects processed under this section are
1860	subject to the summary hearing provisions of s. 120.574, except
1861	that the administrative law judge's decision, as provided in s.
1862	120.574(2)(f), shall be in the form of a recommended order and
1863	shall not constitute the final action of the state agency. In
1864	those proceedings where the action of only one agency of the
1865	state other than the Department of Environmental Protection is
1866	challenged, the agency of the state shall issue the final order
1867	within 45 working days after receipt of the administrative law
1868	judge's recommended order, and the recommended order shall
1869	inform the parties of their right to file exceptions or
1870	responses to the recommended order in accordance with the
1871	uniform rules of procedure pursuant to s. 120.54. In those
1872	proceedings where the actions of more than one agency of the
1873	state are challenged, the Governor shall issue the final order
1874	within 45 working days after receipt of the administrative law
1875	judge's recommended order, and the recommended order shall
1876	inform the parties of their right to file exceptions or
1877	responses to the recommended order in accordance with the
1878	uniform rules of procedure pursuant to s. 120.54. For This
1879	paragraph does not apply to the issuance of department licenses
1880	required under any federally delegated or approved permit
1881	program. In such instances, the department, and not the
1882	Governor, shall enter the final order. The participating
1883	agencies of the state may opt at the preliminary hearing
1884	conference to allow the administrative law judge's decision to
1885	constitute the final agency action. If a participating local
1886	government agrees to participate in the summary hearing
1887	provisions of s. 120.574 for purposes of review of local
1888	government comprehensive plan amendments, s. 163.3184(9) and
1889	(10) apply.
1890	(b)  Projects identified in paragraph (3)(f) or challenges
1891	to state agency action in the expedited permitting process for
1892	establishment of a state-of-the-art biomedical research
1893	institution and campus in this state by the grantee under s.
1894	288.955 are subject to the same requirements as challenges
1895	brought under paragraph (a), except that, notwithstanding s.
1896	120.574, summary proceedings must be conducted within 30 days
1897	after a party files the motion for summary hearing, regardless
1898	of whether the parties agree to the summary proceeding.
1899	(15)  The office, working with the agencies providing
1900	cooperative assistance and input regarding the memoranda of
1901	agreement, shall review sites proposed for the location of
1902	facilities that the office has certified to be eligible for the
1903	Innovation Incentive Program under s. 288.1089. Within 20 days
1904	after the request for the review by the office, the agencies
1905	shall provide to the office a statement as to each site's
1906	necessary permits under local, state, and federal law and an
1907	identification of significant permitting issues, which if
1908	unresolved, may result in the denial of an agency permit or
1909	approval or any significant delay caused by the permitting
1910	process.
1911	(18)  The office, working with the Rural Economic
1912	Development Initiative and the agencies participating in the
1913	memoranda of agreement, shall provide technical assistance in
1914	preparing permit applications and local comprehensive plan
1915	amendments for counties having a population of fewer than 75,000
1916	residents, or counties having fewer than 125,000 residents which
1917	are contiguous to counties having fewer than 75,000 residents.
1918	Additional assistance may include, but not be limited to,
1919	guidance in land development regulations and permitting
1920	processes, working cooperatively with state, regional, and local
1921	entities to identify areas within these counties which may be
1922	suitable or adaptable for preclearance review of specified types
1923	of land uses and other activities requiring permits.
1924	Section 31.  Subsection (5) is added to section 526.203,
1925	Florida Statutes, to read:
1926	526.203  Renewable fuel standard.-
1927	(5)  SALE OF UNBLENDED FUELS.-This section does not
1928	prohibit the sale of unblended fuels for the uses exempted under
1929	subsection (3).
1930	Section 32.  The installation of fuel tank upgrades to
1931	secondary containment systems shall be completed by the
1932	deadlines specified in rule 62-761.510, Florida Administrative
1933	Code, Table UST. However, notwithstanding any agreements to the
1934	contrary, any fuel service station that changed ownership
1935	interest through a bona fide sale of the property between
1936	January 1, 2009, and December 31, 2009, is not required to
1937	complete the upgrades described in rule 62-761.510, Florida
1938	Administrative Code, Table UST, until December 31, 2012.
1939	Section 33.  The amendments to s. 373.4137, Florida
1940	Statutes, made by this act do not apply within the territory of
1941	the Northwest Florida Water Management District until July 2,
1942	2016.
1943	Section 34.  Paragraph (d) of subsection (1) of section
1944	20.23, Florida Statutes, is amended to read:
1945	20.23  Department of Transportation.-There is created a
1946	Department of Transportation which shall be a decentralized
1947	agency.
1948	(1)
1949	(d)  The secretary may appoint up to three assistant
1950	secretaries who shall be directly responsible to the secretary
1951	and who shall perform such duties as are assigned by the
1952	secretary. The secretary shall designate to an assistant
1953	secretary the duties related to enhancing economic prosperity,
1954	including, but not limited to, the responsibility of liaison
1955	with the head of economic development in the Executive Office of
1956	the Governor. Such assistant secretary shall be directly
1957	responsible for providing the Executive Office of the Governor
1958	with investment opportunities and transportation projects that
1959	expand the state's role as a global hub for trade and investment
1960	and enhance the supply chain system in the state to process,
1961	assemble, and ship goods to markets throughout the eastern
1962	United States, Canada, the Caribbean, and Latin America. The
1963	secretary may delegate to any assistant secretary the authority
1964	to act in the absence of the secretary.
1965	Section 35.  Subsection (3) of section 311.09, Florida
1966	Statutes, is amended to read:
1967	311.09  Florida Seaport Transportation and Economic
1968	Development Council.-
1969	(3)  The council shall prepare a 5-year Florida Seaport
1970	Mission Plan defining the goals and objectives of the council
1971	concerning the development of port facilities and an intermodal
1972	transportation system consistent with the goals of the Florida
1973	Transportation Plan developed pursuant to s. 339.155. The
1974	Florida Seaport Mission Plan shall include specific
1975	recommendations for the construction of transportation
1976	facilities connecting any port to another transportation mode
1977	and for the efficient, cost-effective development of
1978	transportation facilities or port facilities for the purpose of
1979	enhancing international trade, promoting cargo flow, increasing
1980	cruise passenger movements, increasing port revenues, and
1981	providing economic benefits to the state. The council shall
1982	develop a priority list of projects based on these
1983	recommendations annually and submit the list to the Department
1984	of Transportation. The council shall update the 5-year Florida
1985	Seaport Mission Plan annually and shall submit the plan no later
1986	than February 1 of each year to the President of the Senate; the
1987	Speaker of the House of Representatives; the Office of Tourism,
1988	Trade, and Economic Development; the Department of
1989	Transportation; and the Department of Community Affairs. The
1990	council shall develop programs, based on an examination of
1991	existing programs in Florida and other states, for the training
1992	of minorities and secondary school students in job skills
1993	associated with employment opportunities in the maritime
1994	industry, and report on progress and recommendations for further
1995	action to the President of the Senate and the Speaker of the
1996	House of Representatives annually.
1997	Section 36.  Section 311.14, Florida Statutes, is amended
1998	to read:
1999	311.14  Seaport freight-mobility planning.-
2000	(1)  The Florida Seaport Transportation and Economic
2001	Development Council, in cooperation with the Office of the State
2002	Public Transportation Administrator within the Department of
2003	Transportation, shall develop freight-mobility and trade-
2004	corridor plans to assist in making freight-mobility investments
2005	that contribute to the economic growth of the state. Such plans
2006	should enhance the integration and connectivity of the
2007	transportation system across and between transportation modes
2008	throughout Florida for people and freight.
2009	(2)  The Office of the State Public Transportation
2010	Administrator shall act to integrate freight-mobility and trade-
2011	corridor plans into the Florida Transportation Plan developed
2012	pursuant to s. 339.155 and into the plans and programs of
2013	metropolitan planning organizations as provided in s. 339.175.
2014	The office may also provide assistance in expediting the
2015	transportation permitting process relating to the construction
2016	of seaport freight-mobility projects located outside the
2017	physical borders of seaports. The Department of Transportation
2018	may contract, as provided in s. 334.044, with any port listed in
2019	s. 311.09(1) or any such other statutorily authorized seaport
2020	entity to act as an agent in the construction of seaport
2021	freight-mobility projects.
2022	(3)  Each port shall develop a strategic plan with a 10-
2023	year horizon. Each plan must include the following:
2024	(a)  An economic development component that identifies
2025	targeted business opportunities for increasing business and
2026	attracting new business for which a particular facility has a
2027	strategic advantage over its competitors, identifies financial
2028	resources and other inducements to encourage growth of existing
2029	business and acquisition of new business, and provides a
2030	projected schedule for attainment of the plan's goals.
2031	(b)  An infrastructure development and improvement
2032	component that identifies all projected infrastructure
2033	improvements within the plan area which require improvement,
2034	expansion, or development in order for a port to attain a
2035	strategic advantage for competition with national and
2036	international competitors.
2037	(c)  A component that identifies all intermodal
2038	transportation facilities, including sea, air, rail, or road
2039	facilities, which are available or have potential, with
2040	improvements, to be available for necessary national and
2041	international commercial linkages and provides a plan for the
2042	integration of port, airport, and railroad activities with
2043	existing and planned transportation infrastructure.
2044	(d)  A component that identifies physical, environmental,
2045	and regulatory barriers to achievement of the plan's goals and
2046	provides recommendations for overcoming those barriers.
2047	(e)  An intergovernmental coordination component that
2048	specifies modes and methods to coordinate plan goals and
2049	missions with the missions of the Department of Transportation,
2050	other state agencies, and affected local, general-purpose
2051	governments.
2052
2053	To the extent feasible, the port strategic plan must be
2054	consistent with the local government comprehensive plans of the
2055	units of local government in which the port is located. Upon
2056	approval of a plan by the port's board, the plan shall be
2057	submitted to the Florida Seaport Transportation and Economic
2058	Development Council.
2059	(4)  The Florida Seaport Transportation and Economic
2060	Development Council shall review the strategic plans submitted
2061	by each port and prioritize strategic needs for inclusion in the
2062	Florida Seaport Mission Plan prepared pursuant to s. 311.09(3).
2063	Section 37.  Subsection (1) of section 339.155, Florida
2064	Statutes, is amended to read:
2065	339.155  Transportation planning.-
2066	(1)  THE FLORIDA TRANSPORTATION PLAN.-The department shall
2067	develop and annually update a statewide transportation plan, to
2068	be known as the Florida Transportation Plan. The plan shall be
2069	designed so as to be easily read and understood by the general
2070	public. The plan shall consider the needs of the entire state
2071	transportation system and examine the use of all modes of
2072	transportation to effectively and efficiently meet such needs.
2073	The purpose of the Florida Transportation Plan is to establish
2074	and define the state's long-range transportation goals and
2075	objectives to be accomplished over a period of at least 20 years
2076	within the context of the State Comprehensive Plan, and any
2077	other statutory mandates and authorizations and based upon the
2078	prevailing principles of:
2079	(a)  Preserving the existing transportation
2080	infrastructure.;
2081	(b)  Enhancing Florida's economic competitiveness.; and
2082	(c)  Improving travel choices to ensure mobility.
2083	(d)  Expanding the state's role as a hub for trade and
2084	investment. The Florida Transportation Plan shall consider the
2085	needs of the entire state transportation system and examine the
2086	use of all modes of transportation to effectively and
2087	efficiently meet such needs.
2088	Section 38.  Subsection (2) of section 339.63, Florida
2089	Statutes, is amended to read:
2090	339.63  System facilities designated; additions and
2091	deletions.-
2092	(2)  The Strategic Intermodal System and the Emerging
2093	Strategic Intermodal System include four three different types
2094	of facilities that each form one component of an interconnected
2095	transportation system which types include:
2096	(a)  Existing or planned hubs that are ports and terminals
2097	including airports, seaports, spaceports, passenger terminals,
2098	and rail terminals serving to move goods or people between
2099	Florida regions or between Florida and other markets in the
2100	United States and the rest of the world.;
2101	(b)  Existing or planned corridors that are highways, rail
2102	lines, waterways, and other exclusive-use facilities connecting
2103	major markets within Florida or between Florida and other states
2104	or nations.; and
2105	(c)  Existing or planned intermodal connectors that are
2106	highways, rail lines, waterways or local public transit systems
2107	serving as connectors between the components listed in
2108	paragraphs (a) and (b).
2109	(d)  Existing or planned facilities that significantly
2110	improve the state's competitive position to compete for the
2111	movement of additional goods into and through this state.
2112	Section 39.  Subsection (12) is added to section 373.406,
2113	Florida Statutes, to read:
2114	373.406  Exemptions.-The following exemptions shall apply:
2115	(12)  An overwater pier, dock, or a similar structure
2116	located in a deepwater port listed in s. 311.09 is not
2117	considered to be part of a stormwater management system for
2118	which this chapter or chapter 403 requires stormwater from
2119	impervious surfaces to be treated if:
2120	(a)  The port has a stormwater pollution prevention plan
2121	for industrial activities pursuant to the National Pollutant
2122	Discharge Elimination System Program; and
2123	(b)  The stormwater pollution prevention plan also provides
2124	similar pollution prevention measures for other activities that
2125	are not subject to the National Pollutant Discharge Elimination
2126	System Program and that occur on the port's overwater piers,
2127	docks, and similar structures.
2128	Section 40.  Paragraph (a) of subsection (8) of section
2129	373.4133, Florida Statutes, is amended to read:
2130	373.4133  Port conceptual permits.-
2131	(8)  Except as otherwise provided in this section, the
2132	following procedures apply to the approval or denial of an
2133	application for a port conceptual permit or a final permit or
2134	authorization:
2135	(a)  Applications for a port conceptual permit, including
2136	any request for the conceptual approval of the use of
2137	sovereignty submerged lands, shall be processed in accordance
2138	with the provisions of ss. 373.427 and 120.60, with the
2139	following exceptions:.
2140	1.  An application for a port conceptual permit, and any
2141	applications for subsequent construction contained in a port
2142	conceptual permit, must be approved or denied within 60 days
2143	after receipt of a completed application.
2144	2.  The department may request additional information no
2145	more than twice, unless the applicant waives this limitation in
2146	writing. If the applicant does not provide a response to the
2147	second request for additional information within 90 days or
2148	another time period mutually agreed upon between the applicant
2149	and department, the application shall be considered withdrawn.
2150	However,
2151	3.  If the applicant believes that any request for
2152	additional information is not authorized by law or agency rule,
2153	the applicant may request an informal hearing pursuant to s.
2154	120.57(2) before the Secretary of Environmental Protection to
2155	determine whether the application is complete.
2156	4.  If a third party petitions to challenge the issuance of
2157	a port conceptual permit by the department, the petitioner
2158	initiating the action has the burden of ultimate persuasion and,
2159	in the first instance, has the burden of going forward with the
2160	evidence.
2161	Section 41.  Subsection (3) of section 403.813, Florida
2162	Statutes, is amended to read:
2163	403.813  Permits issued at district centers; exceptions.-
2164	(3)  A permit is not required under this chapter, chapter
2165	373, chapter 61-691, Laws of Florida, or chapter 25214 or
2166	chapter 25270, 1949, Laws of Florida, for maintenance dredging
2167	conducted under this section by the seaports of Jacksonville,
2168	Port Canaveral, Fort Pierce, Palm Beach, Port Everglades, Miami,
2169	Port Manatee, St. Petersburg, Tampa, Port St. Joe, Panama City,
2170	Pensacola, Key West, and Fernandina or by inland navigation
2171	districts if the dredging to be performed is no more than is
2172	necessary to restore previously dredged areas to original design
2173	specifications or configurations, previously undisturbed natural
2174	areas are not significantly impacted, and the work conducted
2175	does not violate the protections for manatees under s.
2176	379.2431(2)(d). In addition:
2177	(a)  A mixing zone for turbidity is granted within a 150-
2178	meter radius from the point of dredging while dredging is
2179	ongoing, except that the mixing zone may not extend into areas
2180	supporting wetland communities, submerged aquatic vegetation, or
2181	hardbottom communities.
2182	(b)  The discharge of the return water from the site used
2183	for the disposal of dredged material shall be allowed only if
2184	such discharge does not result in a violation of water quality
2185	standards in the receiving waters. The return-water discharge
2186	into receiving waters shall be granted a mixing zone for
2187	turbidity within a 150-meter radius from the point of discharge
2188	into the receiving waters during and immediately after the
2189	dredging, except that the mixing zone may not extend into areas
2190	supporting wetland communities, submerged aquatic vegetation, or
2191	hardbottom communities. Ditches, pipes, and similar types of
2192	linear conveyances may not be considered receiving waters for
2193	the purposes of this paragraph.
2194	(c)  The state may not exact a charge for material that
2195	this subsection allows a public port or an inland navigation
2196	district to remove. In addition, consent to use any sovereignty
2197	submerged lands pursuant to this section is hereby granted.
2198	(d)  The use of flocculants at the site used for disposal
2199	of the dredged material is allowed if the use, including
2200	supporting documentation, is coordinated in advance with the
2201	department and the department has determined that the use is not
2202	harmful to water resources.
2203	(e)  The spoil material from maintenance dredging may be
2204	deposited in a self-contained, upland disposal site. The site is
2205	not required to be permitted if:
2206	1.  The site exists as of January 1, 2011;
2207	2.  A professional engineer certifies that the site has
2208	been designed in accordance with generally accepted engineering
2209	standards for such disposal sites;
2210	3.  The site has adequate capacity to receive and retain
2211	the dredged material; and
2212	4.  The site has operating and maintenance procedures
2213	established that allow for discharge of return flow of water and
2214	to prevent the escape of the spoil material into the waters of
2215	the state.
2216	(f)  The department must be notified at least 30 days
2217	before the commencement of maintenance dredging. The notice
2218	shall include, if applicable, the professional engineer
2219	certification required by paragraph (e).
2220	(g)(e)  This subsection does not prohibit maintenance
2221	dredging of areas where the loss of original design function and
2222	constructed configuration has been caused by a storm event,
2223	provided that the dredging is performed as soon as practical
2224	after the storm event. Maintenance dredging that commences
2225	within 3 years after the storm event shall be presumed to
2226	satisfy this provision. If more than 3 years are needed to
2227	commence the maintenance dredging after the storm event, a
2228	request for a specific time extension to perform the maintenance
2229	dredging shall be submitted to the department, prior to the end
2230	of the 3-year period, accompanied by a statement, including
2231	supporting documentation, demonstrating that contractors are not
2232	available or that additional time is needed to obtain
2233	authorization for the maintenance dredging from the United
2234	States Army Corps of Engineers.
2235	Section 42.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.