Bill Text: FL S0716 | 2012 | Regular Session | Comm Sub
Bill Title: Environmental Regulation
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-08 - Laid on Table, refer to CS/CS/CS/CS/HB 503 -SJ 981 [S0716 Detail]
Download: Florida-2012-S0716-Comm_Sub.html
Florida Senate - 2012 CS for CS for CS for SB 716
By the Committees on Budget Subcommittee on General Government
Appropriations; Environmental Preservation and Conservation; and
Community Affairs; and Senators Bennett and Evers
601-04263A-12 2012716c3
1 A bill to be entitled
2 An act relating to environmental regulation; amending
3 s. 125.022, F.S.; prohibiting a county from requiring
4 an applicant to obtain a permit or approval from any
5 state or federal agency as a condition of processing a
6 development permit under certain conditions;
7 authorizing a county to attach certain disclaimers to
8 the issuance of a development permit; amending s.
9 161.041, F.S.; providing conditions under which the
10 Department of Environmental Protection is authorized
11 to issue such permits in advance of the issuance of
12 incidental take authorizations as provided under the
13 Endangered Species Act; amending s. 166.033, F.S.;
14 prohibiting a municipality from requiring an applicant
15 to obtain a permit or approval from any state or
16 federal agency as a condition of processing a
17 development permit under certain conditions;
18 authorizing a municipality to attach certain
19 disclaimers to the issuance of a development permit;
20 amending s. 218.075, F.S.; providing for the reduction
21 or waiver of permit processing fees relating to
22 projects that serve a public purpose for certain
23 entities created by special act, local ordinance, or
24 interlocal agreement; amending s. 373.026, F.S.;
25 requiring the department to expand its use of
26 Internet-based self-certification services for
27 exemptions and permits issued by the department and
28 water management districts; amending s. 373.326, F.S.;
29 exempting certain underground injection control wells
30 from permitting requirements under part III of ch.
31 373, F.S., relating to regulation of wells; providing
32 a requirement for the construction of such wells;
33 amending s. 373.4141, F.S.; reducing the time within
34 which a permit must be approved, denied, or subject to
35 notice of proposed agency action; prohibiting a state
36 agency or an agency of the state from requiring
37 additional permits or approval from a local, state, or
38 federal agency without explicit authority; amending s.
39 373.4144, F.S.; providing legislative intent with
40 respect to the coordination of regulatory duties among
41 specified state and federal agencies; encouraging
42 expanded use of the state programmatic general permit
43 or regional general permits; providing for a voluntary
44 state programmatic general permit for certain dredge
45 and fill activities; amending s. 376.3071, F.S.;
46 increasing the priority ranking score for
47 participation in the low-scored site initiative;
48 exempting program deductibles, copayments, and certain
49 assessment report requirements from expenditures under
50 the low-scored site initiative; amending s. 376.30715,
51 F.S.; providing that the transfer of a contaminated
52 site from an owner to a child of the owner or
53 corporate entity does not disqualify the site from the
54 innocent victim petroleum storage system restoration
55 financial assistance program; authorizing certain
56 applicants to reapply for financial assistance;
57 amending s. 380.0657, F.S.; authorizing expedited
58 permitting for certain inland multimodal facilities
59 that individually or collectively will create a
60 minimum number of jobs; amending s. 403.061, F.S.;
61 authorizing zones of discharges to groundwater for
62 specified installations; providing for modification of
63 such zones of discharge; providing that exceedance of
64 certain groundwater standards does not create
65 liability for site cleanup; providing that exceedance
66 of soil cleanup target levels is not a basis for
67 enforcement or cleanup; amending s. 403.087, F.S.;
68 revising conditions under which the department is
69 authorized to revoke permits for sources of air and
70 water pollution; amending s. 403.1838, F.S.; revising
71 the definition of the term “financially disadvantaged
72 small community” for the purposes of the Small
73 Community Sewer Construction Assistance Act; amending
74 s. 403.7045, F.S.; providing conditions under which
75 sludge from an industrial waste treatment works is not
76 solid waste; amending s. 403.706, F.S.; reducing the
77 amount of recycled materials certain counties are
78 required to apply toward state recycling goals;
79 providing that certain renewable energy byproducts
80 count toward state recycling goals; amending s.
81 403.707, F.S.; providing for waste-to-energy
82 facilities to maximize acceptance and processing of
83 nonhazardous solid and liquid waste; exempting the
84 disposal of solid waste monitored by certain
85 groundwater monitoring plans from specific
86 authorization; specifying a permit term for solid
87 waste management facilities designed with leachate
88 control systems that meet department requirements;
89 requiring permit fees to be adjusted; providing
90 applicability; specifying a permit term for solid
91 waste management facilities that do not have leachate
92 control systems meeting department requirements under
93 certain conditions; authorizing the department to
94 adopt rules; providing that the department is not
95 required to submit the rules to the Environmental
96 Regulation Commission for approval; requiring permit
97 fee caps to be prorated; amending s. 403.7125, F.S.;
98 requiring the department to require by rule that
99 owners or operators of solid waste management
100 facilities receiving waste after October 9, 1993,
101 provide financial assurance for the cost of completing
102 certain corrective actions; amending s. 403.814, F.S.;
103 providing for issuance of general permits for the
104 construction, alteration, and maintenance of certain
105 surface water management systems without the action of
106 the department or a water management district;
107 specifying conditions for the general permits;
108 amending s. 403.853, F.S.; providing for the
109 department, or a local county health department
110 designated by the department, to perform sanitary
111 surveys for certain transient noncommunity water
112 systems; amending s. 403.973, F.S.; authorizing
113 expedited permitting for certain commercial or
114 industrial development projects that individually or
115 collectively will create a minimum number of jobs;
116 providing for a project-specific memorandum of
117 agreement to apply to a project subject to expedited
118 permitting; clarifying the authority of the department
119 to enter final orders for the issuance of certain
120 licenses; revising criteria for the review of certain
121 sites; amending s. 526.203, F.S.; revising the
122 definitions of the terms “blended gasoline” and
123 “unblended gasoline”; defining the term “alternative
124 fuel”; authorizing the sale of unblended fuels for
125 certain uses; providing that holders of valid permits
126 or other authorizations are not required to make
127 payments to authorizing agencies for use of certain
128 extensions granted under chapter 2011-139, Laws of
129 Florida, or the act; providing for retroactive
130 application; providing that certain building permits
131 or permits issued by the Department of Environmental
132 Protection or by a water management district are
133 extended and renewed for a specified period; requiring
134 written notification by the holder of an eligible
135 permit; providing exceptions; providing an effective
136 date.
137
138 Be It Enacted by the Legislature of the State of Florida:
139
140 Section 1. Section 125.022, Florida Statutes, is amended to
141 read:
142 125.022 Development permits.—When a county denies an
143 application for a development permit, the county shall give
144 written notice to the applicant. The notice must include a
145 citation to the applicable portions of an ordinance, rule,
146 statute, or other legal authority for the denial of the permit.
147 As used in this section, the term “development permit” has the
148 same meaning as in s. 163.3164. For any development permit
149 application filed with the county after July 1, 2012, a county
150 may not require as a condition of processing or issuing a
151 development permit that an applicant obtain a permit or approval
152 from any state or federal agency unless the agency has issued a
153 final agency action that denies the federal or state permit
154 before the county action on the local development permit.
155 Issuance of a development permit by a county does not in any way
156 create any rights on the part of the applicant to obtain a
157 permit from a state or federal agency and does not create any
158 liability on the part of the county for issuance of the permit
159 if the applicant fails to obtain requisite approvals or fulfill
160 the obligations imposed by a state or federal agency or
161 undertakes actions that result in a violation of state or
162 federal law. A county may attach such a disclaimer to the
163 issuance of a development permit and may include a permit
164 condition that all other applicable state or federal permits be
165 obtained before commencement of the development. This section
166 does not prohibit a county from providing information to an
167 applicant regarding what other state or federal permits may
168 apply.
169 Section 2. Subsection (5) is added to section 161.041,
170 Florida Statutes, to read:
171 161.041 Permits required.—
172 (5) Notwithstanding any other provision of law, the
173 department may issue a permit pursuant to this part in advance
174 of the issuance of an incidental take authorization as provided
175 under the Endangered Species Act and its implementing
176 regulations if the permit and authorization include a condition
177 requiring that authorized activities not begin until the
178 incidental take authorization is issued.
179 Section 3. Section 166.033, Florida Statutes, is amended to
180 read:
181 166.033 Development permits.—When a municipality denies an
182 application for a development permit, the municipality shall
183 give written notice to the applicant. The notice must include a
184 citation to the applicable portions of an ordinance, rule,
185 statute, or other legal authority for the denial of the permit.
186 As used in this section, the term “development permit” has the
187 same meaning as in s. 163.3164. For any development permit
188 application filed with the municipality after July 1, 2012, a
189 municipality may not require as a condition of processing or
190 issuing a development permit that an applicant obtain a permit
191 or approval from any state or federal agency unless the agency
192 has issued a final agency action that denies the federal or
193 state permit before the municipal action on the local
194 development permit. Issuance of a development permit by a
195 municipality does not in any way create any right on the part of
196 an applicant to obtain a permit from a state or federal agency
197 and does not create any liability on the part of the
198 municipality for issuance of the permit if the applicant fails
199 to obtain requisite approvals or fulfill the obligations imposed
200 by a state or federal agency or undertakes actions that result
201 in a violation of state or federal law. A municipality may
202 attach such a disclaimer to the issuance of development permits
203 and may include a permit condition that all other applicable
204 state or federal permits be obtained before commencement of the
205 development. This section does not prohibit a municipality from
206 providing information to an applicant regarding what other state
207 or federal permits may apply.
208 Section 4. Section 218.075, Florida Statutes, is amended to
209 read:
210 218.075 Reduction or waiver of permit processing fees.
211 Notwithstanding any other provision of law, the Department of
212 Environmental Protection and the water management districts
213 shall reduce or waive permit processing fees for counties with a
214 population of 50,000 or less on April 1, 1994, until such
215 counties exceed a population of 75,000 and municipalities with a
216 population of 25,000 or less, or for an entity created by
217 special act, local ordinance, or interlocal agreement of such
218 counties or municipalities, or for any county or municipality
219 not included within a metropolitan statistical area. Fee
220 reductions or waivers shall be approved on the basis of fiscal
221 hardship or environmental need for a particular project or
222 activity. The governing body must certify that the cost of the
223 permit processing fee is a fiscal hardship due to one of the
224 following factors:
225 (1) Per capita taxable value is less than the statewide
226 average for the current fiscal year;
227 (2) Percentage of assessed property value that is exempt
228 from ad valorem taxation is higher than the statewide average
229 for the current fiscal year;
230 (3) Any condition specified in s. 218.503(1) which results
231 in the county or municipality being in a state of financial
232 emergency;
233 (4) Ad valorem operating millage rate for the current
234 fiscal year is greater than 8 mills; or
235 (5) A financial condition that is documented in annual
236 financial statements at the end of the current fiscal year and
237 indicates an inability to pay the permit processing fee during
238 that fiscal year.
239
240 The permit applicant must be the governing body of a county or
241 municipality or a third party under contract with a county or
242 municipality or an entity created by special act, local
243 ordinance, or interlocal agreement and the project for which the
244 fee reduction or waiver is sought must serve a public purpose.
245 If a permit processing fee is reduced, the total fee shall not
246 exceed $100.
247 Section 5. Subsection (10) is added to section 373.026,
248 Florida Statutes, to read:
249 373.026 General powers and duties of the department.—The
250 department, or its successor agency, shall be responsible for
251 the administration of this chapter at the state level. However,
252 it is the policy of the state that, to the greatest extent
253 possible, the department may enter into interagency or
254 interlocal agreements with any other state agency, any water
255 management district, or any local government conducting programs
256 related to or materially affecting the water resources of the
257 state. All such agreements shall be subject to the provisions of
258 s. 373.046. In addition to its other powers and duties, the
259 department shall, to the greatest extent possible:
260 (10) Expand the use of Internet-based self-certification
261 services for appropriate exemptions and general permits issued
262 by the department and the water management districts, if such
263 expansion is economically feasible. In addition to expanding the
264 use of Internet-based self-certification services for
265 appropriate exemptions and general permits, the department and
266 water management districts shall identify and develop general
267 permits for appropriate activities currently requiring
268 individual review which could be expedited through the use of
269 applicable professional certification.
270 Section 6. Subsection (3) is added to section 373.326,
271 Florida Statutes, to read:
272 373.326 Exemptions.—
273 (3) A permit may not be required under this part for any
274 well authorized pursuant to ss. 403.061 and 403.087 under the
275 State Underground Injection Control Program identified in
276 chapter 62-528, Florida Administrative Code, as Class I, Class
277 II, Class III, Class IV, or Class V Groups 2-9. However, such
278 wells must be constructed by persons who have obtained a license
279 pursuant to s. 373.323 as otherwise required by law.
280 Section 7. Subsection (2) of section 373.4141, Florida
281 Statutes, is amended, and subsection (4) is added to that
282 section, to read:
283 373.4141 Permits; processing.—
284 (2) A permit shall be approved, or denied, or subject to a
285 notice of proposed agency action within 60 90 days after receipt
286 of the original application, the last item of timely requested
287 additional material, or the applicant’s written request to begin
288 processing the permit application.
289 (4) A state agency or an agency of the state may not
290 require as a condition of approval for a permit or as an item to
291 complete a pending permit application that an applicant obtain a
292 permit or approval from any other local, state, or federal
293 agency without explicit statutory authority to require such
294 permit or approval.
295 Section 8. Section 373.4144, Florida Statutes, is amended
296 to read:
297 373.4144 Federal environmental permitting.—
298 (1) It is the intent of the Legislature to:
299 (a) Facilitate coordination and a more efficient process of
300 implementing regulatory duties and functions between the
301 Department of Environmental Protection, the water management
302 districts, the United States Army Corps of Engineers, the United
303 States Fish and Wildlife Service, the National Marine Fisheries
304 Service, the United States Environmental Protection Agency, the
305 Fish and Wildlife Conservation Commission, and other relevant
306 federal and state agencies.
307 (b) Authorize the Department of Environmental Protection to
308 obtain issuance by the United States Army Corps of Engineers,
309 pursuant to state and federal law and as set forth in this
310 section, of an expanded state programmatic general permit, or a
311 series of regional general permits, for categories of activities
312 in waters of the United States governed by the Clean Water Act
313 and in navigable waters under the Rivers and Harbors Act of 1899
314 which are similar in nature, which will cause only minimal
315 adverse environmental effects when performed separately, and
316 which will have only minimal cumulative adverse effects on the
317 environment.
318 (c) Use the mechanism of such a state general permit or
319 such regional general permits to eliminate overlapping federal
320 regulations and state rules that seek to protect the same
321 resource and to avoid duplication of permitting between the
322 United States Army Corps of Engineers and the department for
323 minor work located in waters of the United States, including
324 navigable waters, thus eliminating, in appropriate cases, the
325 need for a separate individual approval from the United States
326 Army Corps of Engineers while ensuring the most stringent
327 protection of wetland resources.
328 (d) Direct the department not to seek issuance of or take
329 any action pursuant to any such permit or permits unless such
330 conditions are at least as protective of the environment and
331 natural resources as existing state law under this part and
332 federal law under the Clean Water Act and the Rivers and Harbors
333 Act of 1899. The department is directed to develop, on or before
334 October 1, 2005, a mechanism or plan to consolidate, to the
335 maximum extent practicable, the federal and state wetland
336 permitting programs. It is the intent of the Legislature that
337 all dredge and fill activities impacting 10 acres or less of
338 wetlands or waters, including navigable waters, be processed by
339 the state as part of the environmental resource permitting
340 program implemented by the department and the water management
341 districts. The resulting mechanism or plan shall analyze and
342 propose the development of an expanded state programmatic
343 general permit program in conjunction with the United States
344 Army Corps of Engineers pursuant to s. 404 of the Clean Water
345 Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
346 and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,
347 or in combination with an expanded state programmatic general
348 permit, the mechanism or plan may propose the creation of a
349 series of regional general permits issued by the United States
350 Army Corps of Engineers pursuant to the referenced statutes. All
351 of the regional general permits must be administered by the
352 department or the water management districts or their designees.
353 (2) In order to effectuate efficient wetland permitting and
354 avoid duplication, the department and water management districts
355 are authorized to implement a voluntary state programmatic
356 general permit for all dredge and fill activities impacting 3
357 acres or less of wetlands or other surface waters, including
358 navigable waters, subject to agreement with the United States
359 Army Corps of Engineers, if the general permit is at least as
360 protective of the environment and natural resources as existing
361 state law under this part and federal law under the Clean Water
362 Act and the Rivers and Harbors Act of 1899. The department is
363 directed to file with the Speaker of the House of
364 Representatives and the President of the Senate a report
365 proposing any required federal and state statutory changes that
366 would be necessary to accomplish the directives listed in this
367 section and to coordinate with the Florida Congressional
368 Delegation on any necessary changes to federal law to implement
369 the directives.
370 (3) Nothing in This section may not shall be construed to
371 preclude the department from pursuing a series of regional
372 general permits for construction activities in wetlands or
373 surface waters or complete assumption of federal permitting
374 programs regulating the discharge of dredged or fill material
375 pursuant to s. 404 of the Clean Water Act, Pub. L. No. 92-500,
376 as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers
377 and Harbors Act of 1899, so long as the assumption encompasses
378 all dredge and fill activities in, on, or over jurisdictional
379 wetlands or waters, including navigable waters, within the
380 state.
381 Section 9. Subsection (11) of section 376.3071, Florida
382 Statutes, is amended to read:
383 376.3071 Inland Protection Trust Fund; creation; purposes;
384 funding.—
385 (11) SITE CLEANUP.—
386 (a) Voluntary cleanup.—Nothing in This section shall does
387 not be deemed to prohibit a person from conducting site
388 rehabilitation either through his or her own personnel or
389 through responsible response action contractors or
390 subcontractors when such person is not seeking site
391 rehabilitation funding from the fund. Such voluntary cleanups
392 must meet all applicable environmental standards.
393 (b) Low-scored site initiative.—Notwithstanding s.
394 376.30711, any site with a priority ranking score of 29 10
395 points or less may voluntarily participate in the low-scored
396 site initiative, whether or not the site is eligible for state
397 restoration funding.
398 1. To participate in the low-scored site initiative, the
399 responsible party or property owner must affirmatively
400 demonstrate that the following conditions are met:
401 a. Upon reassessment pursuant to department rule, the site
402 retains a priority ranking score of 29 10 points or less.
403 b. No excessively contaminated soil, as defined by
404 department rule, exists onsite as a result of a release of
405 petroleum products.
406 c. A minimum of 6 months of groundwater monitoring
407 indicates that the plume is shrinking or stable.
408 d. The release of petroleum products at the site does not
409 adversely affect adjacent surface waters, including their
410 effects on human health and the environment.
411 e. The area of groundwater containing the petroleum
412 products’ chemicals of concern is less than one-quarter acre and
413 is confined to the source property boundaries of the real
414 property on which the discharge originated.
415 f. Soils onsite that are subject to human exposure found
416 between land surface and 2 feet below land surface meet the soil
417 cleanup target levels established by department rule or human
418 exposure is limited by appropriate institutional or engineering
419 controls.
420 2. Upon affirmative demonstration of the conditions under
421 subparagraph 1., the department shall issue a determination of
422 “No Further Action.” Such determination acknowledges that
423 minimal contamination exists onsite and that such contamination
424 is not a threat to human health or the environment. If no
425 contamination is detected, the department may issue a site
426 rehabilitation completion order.
427 3. Sites that are eligible for state restoration funding
428 may receive payment of preapproved costs for the low-scored site
429 initiative as follows:
430 a. A responsible party or property owner may submit an
431 assessment plan designed to affirmatively demonstrate that the
432 site meets the conditions under subparagraph 1. Notwithstanding
433 the priority ranking score of the site, the department may
434 preapprove the cost of the assessment pursuant to s. 376.30711,
435 including 6 months of groundwater monitoring, not to exceed
436 $30,000 for each site. The department may not pay the costs
437 associated with the establishment of institutional or
438 engineering controls.
439 b. The assessment work shall be completed no later than 6
440 months after the department issues its approval.
441 c. No more than $10 million for the low-scored site
442 initiative may shall be encumbered from the Inland Protection
443 Trust Fund in any fiscal year. Funds shall be made available on
444 a first-come, first-served basis and shall be limited to 10
445 sites in each fiscal year for each responsible party or property
446 owner.
447 d. Program deductibles, copayments, and the limited
448 contamination assessment report requirements under paragraph
449 (13)(c) do not apply to expenditures under this paragraph.
450 Section 10. Section 376.30715, Florida Statutes, is amended
451 to read:
452 376.30715 Innocent victim petroleum storage system
453 restoration.—A contaminated site acquired by the current owner
454 prior to July 1, 1990, which has ceased operating as a petroleum
455 storage or retail business prior to January 1, 1985, is eligible
456 for financial assistance pursuant to s. 376.305(6),
457 notwithstanding s. 376.305(6)(a). For purposes of this section,
458 the term “acquired” means the acquisition of title to the
459 property; however, a subsequent transfer of the property to a
460 spouse or child of the owner, a surviving spouse or child of the
461 owner in trust or free of trust, or a revocable trust created
462 for the benefit of the settlor, or a corporate entity created by
463 the owner to hold title to the site does not disqualify the site
464 from financial assistance pursuant to s. 376.305(6) and
465 applicants previously denied coverage may reapply. Eligible
466 sites shall be ranked in accordance with s. 376.3071(5).
467 Section 11. Subsection (1) of section 380.0657, Florida
468 Statutes, is amended to read:
469 380.0657 Expedited permitting process for economic
470 development projects.—
471 (1) The Department of Environmental Protection and, as
472 appropriate, the water management districts created under
473 chapter 373 shall adopt programs to expedite the processing of
474 wetland resource and environmental resource permits for economic
475 development projects that have been identified by a municipality
476 or county as meeting the definition of target industry
477 businesses under s. 288.106, or any intermodal logistics center
478 receiving or sending cargo to or from Florida ports, with the
479 exception of those projects requiring approval by the Board of
480 Trustees of the Internal Improvement Trust Fund.
481 Section 12. Subsection (11) of section 403.061, Florida
482 Statutes, is amended to read:
483 403.061 Department; powers and duties.—The department shall
484 have the power and the duty to control and prohibit pollution of
485 air and water in accordance with the law and rules adopted and
486 promulgated by it and, for this purpose, to:
487 (11) Establish ambient air quality and water quality
488 standards for the state as a whole or for any part thereof, and
489 also standards for the abatement of excessive and unnecessary
490 noise. The department is authorized to establish reasonable
491 zones of mixing for discharges into waters. For existing
492 installations as defined by rule 62-520.200(10), Florida
493 Administrative Code, effective July 12, 2009, zones of discharge
494 to groundwater are authorized horizontally to a facility’s or
495 owner’s property boundary and extending vertically to the base
496 of a specifically designated aquifer or aquifers. Such zones of
497 discharge may be modified in accordance with procedures
498 specified in department rules. Exceedance of primary and
499 secondary groundwater standards that occur within a zone of
500 discharge does not create liability pursuant to this chapter or
501 chapter 376 for site cleanup, and the exceedance of soil cleanup
502 target levels is not a basis for enforcement or site cleanup.
503 (a) When a receiving body of water fails to meet a water
504 quality standard for pollutants set forth in department rules, a
505 steam electric generating plant discharge of pollutants that is
506 existing or licensed under this chapter on July 1, 1984, may
507 nevertheless be granted a mixing zone, provided that:
508 1. The standard would not be met in the water body in the
509 absence of the discharge;
510 2. The discharge is in compliance with all applicable
511 technology-based effluent limitations;
512 3. The discharge does not cause a measurable increase in
513 the degree of noncompliance with the standard at the boundary of
514 the mixing zone; and
515 4. The discharge otherwise complies with the mixing zone
516 provisions specified in department rules.
517 (b) No Mixing zones zone for point source discharges are
518 not shall be permitted in Outstanding Florida Waters except for:
519 1. Sources that have received permits from the department
520 prior to April 1, 1982, or the date of designation, whichever is
521 later;
522 2. Blowdown from new power plants certified pursuant to the
523 Florida Electrical Power Plant Siting Act;
524 3. Discharges of water necessary for water management
525 purposes which have been approved by the governing board of a
526 water management district and, if required by law, by the
527 secretary; and
528 4. The discharge of demineralization concentrate which has
529 been determined permittable under s. 403.0882 and which meets
530 the specific provisions of s. 403.0882(4)(a) and (b), if the
531 proposed discharge is clearly in the public interest.
532 (c) The department, by rule, shall establish water quality
533 criteria for wetlands which criteria give appropriate
534 recognition to the water quality of such wetlands in their
535 natural state.
536
537 Nothing in This act may not shall be construed to invalidate any
538 existing department rule relating to mixing zones. The
539 department shall cooperate with the Department of Highway Safety
540 and Motor Vehicles in the development of regulations required by
541 s. 316.272(1).
542
543 The department shall implement such programs in conjunction with
544 its other powers and duties and shall place special emphasis on
545 reducing and eliminating contamination that presents a threat to
546 humans, animals or plants, or to the environment.
547 Section 13. Subsection (7) of section 403.087, Florida
548 Statutes, is amended to read:
549 403.087 Permits; general issuance; denial; revocation;
550 prohibition; penalty.—
551 (7) A permit issued pursuant to this section does shall not
552 become a vested right in the permittee. The department may
553 revoke any permit issued by it if it finds that the permitholder
554 has:
555 (a) Has Submitted false or inaccurate information in the
556 his or her application for the permit;
557 (b) Has Violated law, department orders, rules, or
558 regulations, or permit conditions which directly relate to the
559 permit;
560 (c) Has Failed to submit operational reports or other
561 information required by department rule which directly relate to
562 the permit and has refused to correct or cure such violations
563 when requested to do so or regulation; or
564 (d) Has Refused lawful inspection under s. 403.091 at the
565 facility authorized by the permit.
566 Section 14. Subsection (2) of section 403.1838, Florida
567 Statutes, is amended to read:
568 403.1838 Small Community Sewer Construction Assistance
569 Act.—
570 (2) The department shall use funds specifically
571 appropriated to award grants under this section to assist
572 financially disadvantaged small communities with their needs for
573 adequate sewer facilities. For purposes of this section, the
574 term “financially disadvantaged small community” means a
575 municipality that has with a population of 10,000 7,500 or fewer
576 less, according to the latest decennial census and a per capita
577 annual income less than the state per capita annual income as
578 determined by the United States Department of Commerce.
579 Section 15. Paragraph (f) of subsection (1) of section
580 403.7045, Florida Statutes, is amended to read:
581 403.7045 Application of act and integration with other
582 acts.—
583 (1) The following wastes or activities shall not be
584 regulated pursuant to this act:
585 (f) Industrial byproducts, if:
586 1. A majority of the industrial byproducts are demonstrated
587 to be sold, used, or reused within 1 year.
588 2. The industrial byproducts are not discharged, deposited,
589 injected, dumped, spilled, leaked, or placed upon any land or
590 water so that such industrial byproducts, or any constituent
591 thereof, may enter other lands or be emitted into the air or
592 discharged into any waters, including groundwaters, or otherwise
593 enter the environment such that a threat of contamination in
594 excess of applicable department standards and criteria or a
595 significant threat to public health is caused.
596 3. The industrial byproducts are not hazardous wastes as
597 defined under s. 403.703 and rules adopted under this section.
598
599 Sludge from an industrial waste treatment works that meets the
600 exemption requirements of this paragraph is not solid waste as
601 defined in s. 403.703(32).
602 Section 16. Paragraph (a) of subsection (4) of section
603 403.706, Florida Statutes, is amended to read:
604 403.706 Local government solid waste responsibilities.—
605 (4)(a) In order to promote the production of renewable
606 energy from solid waste, each megawatt-hour produced by a
607 renewable energy facility using solid waste as a fuel shall
608 count as 1 ton of recycled material and shall be applied toward
609 meeting the recycling goals set forth in this section. If a
610 county creating renewable energy from solid waste implements and
611 maintains a program to recycle at least 50 percent of municipal
612 solid waste by a means other than creating renewable energy,
613 that county shall count 1.25 2 tons of recycled material for
614 each megawatt-hour produced. If waste originates from a county
615 other than the county in which the renewable energy facility
616 resides, the originating county shall receive such recycling
617 credit. Any county that has a debt service payment related to
618 its waste-to-energy facility shall receive 1 ton of recycled
619 materials credit for each ton of solid waste processed at the
620 facility. Any byproduct resulting from the creation of renewable
621 energy that is recycled shall count towards the county recycling
622 goals in accordance with the methods and criteria developed
623 pursuant to paragraph (2)(h) does not count as waste.
624 Section 17. Subsections (1), (2), and (3) of section
625 403.707, Florida Statutes, are amended to read:
626 403.707 Permits.—
627 (1) A solid waste management facility may not be operated,
628 maintained, constructed, expanded, modified, or closed without
629 an appropriate and currently valid permit issued by the
630 department. The department may by rule exempt specified types of
631 facilities from the requirement for a permit under this part if
632 it determines that construction or operation of the facility is
633 not expected to create any significant threat to the environment
634 or public health. For purposes of this part, and only when
635 specified by department rule, a permit may include registrations
636 as well as other forms of licenses as defined in s. 120.52.
637 Solid waste construction permits issued under this section may
638 include any permit conditions necessary to achieve compliance
639 with the recycling requirements of this act. The department
640 shall pursue reasonable timeframes for closure and construction
641 requirements, considering pending federal requirements and
642 implementation costs to the permittee. The department shall
643 adopt a rule establishing performance standards for construction
644 and closure of solid waste management facilities. The standards
645 shall allow flexibility in design and consideration for site
646 specific characteristics. For the purpose of permitting under
647 this chapter, the department shall allow waste-to-energy
648 facilities to maximize acceptance and processing of nonhazardous
649 solid and liquid waste.
650 (2) Except as provided in s. 403.722(6), a permit under
651 this section is not required for the following, if the activity
652 does not create a public nuisance or any condition adversely
653 affecting the environment or public health and does not violate
654 other state or local laws, ordinances, rules, regulations, or
655 orders:
656 (a) Disposal by persons of solid waste resulting from their
657 own activities on their own property, if such waste is ordinary
658 household waste from their residential property or is rocks,
659 soils, trees, tree remains, and other vegetative matter that
660 normally result from land development operations. Disposal of
661 materials that could create a public nuisance or adversely
662 affect the environment or public health, such as white goods;
663 automotive materials, such as batteries and tires; petroleum
664 products; pesticides; solvents; or hazardous substances, is not
665 covered under this exemption.
666 (b) Storage in containers by persons of solid waste
667 resulting from their own activities on their property, leased or
668 rented property, or property subject to a homeowners’ homeowners
669 or maintenance association for which the person contributes
670 association assessments, if the solid waste in such containers
671 is collected at least once a week.
672 (c) Disposal by persons of solid waste resulting from their
673 own activities on their property, if the environmental effects
674 of such disposal on groundwater and surface waters are:
675 1. Addressed or authorized by a site certification order
676 issued under part II or a permit issued by the department under
677 this chapter or rules adopted pursuant to this chapter; or
678 2. Addressed or authorized by, or exempted from the
679 requirement to obtain, a groundwater monitoring plan approved by
680 the department. If a facility has a permit authorizing disposal
681 activity, new areas where solid waste is being disposed of which
682 are monitored by an existing or modified groundwater monitoring
683 plan are not required to be specifically authorized in a permit
684 or other certification.
685 (d) Disposal by persons of solid waste resulting from their
686 own activities on their own property, if such disposal occurred
687 prior to October 1, 1988.
688 (e) Disposal of solid waste resulting from normal farming
689 operations as defined by department rule. Polyethylene
690 agricultural plastic, damaged, nonsalvageable, untreated wood
691 pallets, and packing material that cannot be feasibly recycled,
692 which are used in connection with agricultural operations
693 related to the growing, harvesting, or maintenance of crops, may
694 be disposed of by open burning if a public nuisance or any
695 condition adversely affecting the environment or the public
696 health is not created by the open burning and state or federal
697 ambient air quality standards are not violated.
698 (f) The use of clean debris as fill material in any area.
699 However, this paragraph does not exempt any person from
700 obtaining any other required permits, and does not affect a
701 person’s responsibility to dispose of clean debris appropriately
702 if it is not to be used as fill material.
703 (g) Compost operations that produce less than 50 cubic
704 yards of compost per year when the compost produced is used on
705 the property where the compost operation is located.
706 (3)(a) All applicable provisions of ss. 403.087 and
707 403.088, relating to permits, apply to the control of solid
708 waste management facilities.
709 (b) A permit, including a general permit, issued to a solid
710 waste management facility that is designed with a leachate
711 control system meeting department requirements shall be issued
712 for a term of 20 years unless the applicant requests a shorter
713 permit term. This paragraph applies to a qualifying solid waste
714 management facility that applies for an operating or
715 construction permit or renews an existing operating or
716 construction permit on or after October 1, 2012.
717 (c) A permit, including a general permit, but not including
718 a registration, issued to a solid waste management facility that
719 does not have a leachate control system meeting department
720 requirements shall be renewed for a term of 10 years, unless the
721 applicant requests a shorter permit term, if the following
722 conditions are met:
723 1. The applicant has conducted the regulated activity at
724 the same site for which the renewal is sought for at least 4
725 years and 6 months before the date that the permit application
726 is received by the department; and
727 2. At the time of applying for the renewal permit:
728 a. The applicant is not subject to a notice of violation,
729 consent order, or administrative order issued by the department
730 for violation of an applicable law or rule;
731 b. The department has not notified the applicant that it is
732 required to implement assessment or evaluation monitoring as a
733 result of exceedances of applicable groundwater standards or
734 criteria or, if applicable, the applicant is completing
735 corrective actions in accordance with applicable department
736 rules; and
737 c. The applicant is in compliance with the applicable
738 financial assurance requirements.
739 (d) The department may adopt rules to administer this
740 subsection. However, the department is not required to submit
741 such rules to the Environmental Regulation Commission for
742 approval. Notwithstanding the limitations of s. 403.087(6)(a),
743 permit fee caps for solid waste management facilities shall be
744 prorated to reflect the extended permit term authorized by this
745 subsection.
746 Section 18. Section 403.7125, Florida Statutes, is amended
747 to read:
748 403.7125 Financial assurance for closure.—
749 (1) Every owner or operator of a landfill is jointly and
750 severally liable for the improper operation and closure of the
751 landfill, as provided by law. As used in this section, the term
752 “owner or operator” means any owner of record of any interest in
753 land wherein a landfill is or has been located and any person or
754 corporation that owns a majority interest in any other
755 corporation that is the owner or operator of a landfill.
756 (2) The owner or operator of a landfill owned or operated
757 by a local or state government or the Federal Government shall
758 establish a fee, or a surcharge on existing fees or other
759 appropriate revenue-producing mechanism, to ensure the
760 availability of financial resources for the proper closure of
761 the landfill. However, the disposal of solid waste by persons on
762 their own property, as described in s. 403.707(2), is exempt
763 from this section.
764 (a) The revenue-producing mechanism must produce revenue at
765 a rate sufficient to generate funds to meet state and federal
766 landfill closure requirements.
767 (b) The revenue shall be deposited in an interest-bearing
768 escrow account to be held and administered by the owner or
769 operator. The owner or operator shall file with the department
770 an annual audit of the account. The audit shall be conducted by
771 an independent certified public accountant. Failure to collect
772 or report such revenue, except as allowed in subsection (3), is
773 a noncriminal violation punishable by a fine of not more than
774 $5,000 for each offense. The owner or operator may make
775 expenditures from the account and its accumulated interest only
776 for the purpose of landfill closure and, if such expenditures do
777 not deplete the fund to the detriment of eventual closure, for
778 planning and construction of resource recovery or landfill
779 facilities. Any moneys remaining in the account after paying for
780 proper and complete closure, as determined by the department,
781 shall, if the owner or operator does not operate a landfill, be
782 deposited by the owner or operator into the general fund or the
783 appropriate solid waste fund of the local government of
784 jurisdiction.
785 (c) The revenue generated under this subsection and any
786 accumulated interest thereon may be applied to the payment of,
787 or pledged as security for, the payment of revenue bonds issued
788 in whole or in part for the purpose of complying with state and
789 federal landfill closure requirements. Such application or
790 pledge may be made directly in the proceedings authorizing such
791 bonds or in an agreement with an insurer of bonds to assure such
792 insurer of additional security therefor.
793 (d) The provisions of s. 212.055 which relate to raising of
794 revenues for landfill closure or long-term maintenance do not
795 relieve a landfill owner or operator from the obligations of
796 this section.
797 (e) The owner or operator of any landfill that had
798 established an escrow account in accordance with this section
799 and the conditions of its permit prior to January 1, 2007, may
800 continue to use that escrow account to provide financial
801 assurance for closure of that landfill, even if that landfill is
802 not owned or operated by a local or state government or the
803 Federal Government.
804 (3) An owner or operator of a landfill owned or operated by
805 a local or state government or by the Federal Government may
806 provide financial assurance to the department in lieu of the
807 requirements of subsection (2). An owner or operator of any
808 other landfill, or any other solid waste management facility
809 designated by department rule, shall provide financial assurance
810 to the department for the closure of the facility. Such
811 financial assurance may include surety bonds, certificates of
812 deposit, securities, letters of credit, or other documents
813 showing that the owner or operator has sufficient financial
814 resources to cover, at a minimum, the costs of complying with
815 applicable closure requirements. The owner or operator shall
816 estimate such costs to the satisfaction of the department.
817 (4) This section does not repeal, limit, or abrogate any
818 other law authorizing local governments to fix, levy, or charge
819 rates, fees, or charges for the purpose of complying with state
820 and federal landfill closure requirements.
821 (5) The department shall by rule require that the owner or
822 operator of a solid waste management facility that receives
823 waste after October 9, 1993, and that is required by department
824 rule to undertake corrective actions for violations of water
825 quality standards provide financial assurance for the cost of
826 completing such corrective actions. The same financial assurance
827 mechanisms that are available for closure costs shall be
828 available for costs associated with undertaking corrective
829 actions.
830 (6)(5) The department shall adopt rules to implement this
831 section.
832 Section 19. Subsection (12) is added to section 403.814,
833 Florida Statutes, to read:
834 403.814 General permits; delegation.—
835 (12) A general permit is granted for the construction,
836 alteration, and maintenance of a stormwater management system
837 serving a total project area of up to 10 acres. When the
838 stormwater management system is designed, operated, and
839 maintained in accordance with applicable rules adopted pursuant
840 to part IV of chapter 373, there is a rebuttable presumption
841 that the discharge for such systems complies with state water
842 quality standards. The construction of such a system may proceed
843 without any further agency action by the department or water
844 management district if, within 30 days after commencement of
845 construction, an electronic self-certification is submitted to
846 the department or water management district which certifies the
847 proposed system was designed by a Florida-registered
848 professional to meet all of the requirements listed in
849 paragraphs (a)-(f):
850 (a) The total project involves less than 10 acres and less
851 than 2 acres of impervious surface;
852 (b) No activities will impact wetlands or other surface
853 waters;
854 (c) No activities are conducted in, on, or over wetlands or
855 other surface waters;
856 (d) Drainage facilities will not include pipes having
857 diameters greater than 24 inches, or the hydraulic equivalent,
858 and will not use pumps in any manner;
859 (e) The project is not part of a larger common plan,
860 development, or sale; and
861 (f) The project does not:
862 1. Cause adverse water quantity or flooding impacts to
863 receiving water and adjacent lands;
864 2. Cause adverse impacts to existing surface water storage
865 and conveyance capabilities;
866 3. Cause a violation of state water quality standards; or
867 4. Cause an adverse impact to the maintenance of surface or
868 groundwater levels or surface water flows established pursuant
869 to s. 373.042 or a work of the district established pursuant to
870 s. 373.086.
871 Section 20. Subsection (6) of section 403.853, Florida
872 Statutes, is amended to read:
873 403.853 Drinking water standards.—
874 (6) Upon the request of the owner or operator of a
875 transient noncommunity water system using groundwater as a
876 source of supply and serving religious institutions or
877 businesses, other than restaurants or other public food service
878 establishments or religious institutions with school or day care
879 services, and using groundwater as a source of supply, the
880 department, or a local county health department designated by
881 the department, shall perform a sanitary survey of the facility.
882 Upon receipt of satisfactory survey results according to
883 department criteria, the department shall reduce the
884 requirements of such owner or operator from monitoring and
885 reporting on a quarterly basis to performing these functions on
886 an annual basis. Any revised monitoring and reporting schedule
887 approved by the department under this subsection shall apply
888 until such time as a violation of applicable state or federal
889 primary drinking water standards is determined by the system
890 owner or operator, by the department, or by an agency designated
891 by the department, after a random or routine sanitary survey.
892 Certified operators are not required for transient noncommunity
893 water systems of the type and size covered by this subsection.
894 Any reports required of such system shall be limited to the
895 minimum as required by federal law. When not contrary to the
896 provisions of federal law, the department may, upon request and
897 by rule, waive additional provisions of state drinking water
898 regulations for such systems.
899 Section 21. Paragraph (a) of subsection (3) and subsections
900 (4), (5), (10), (11), (14), (15), and (18) of section 403.973,
901 Florida Statutes, are amended to read:
902 403.973 Expedited permitting; amendments to comprehensive
903 plans.—
904 (3)(a) The secretary shall direct the creation of regional
905 permit action teams for the purpose of expediting review of
906 permit applications and local comprehensive plan amendments
907 submitted by:
908 1. Businesses creating at least 50 jobs or a commercial or
909 industrial development project that will be occupied by
910 businesses that would individually or collectively create at
911 least 50 jobs; or
912 2. Businesses creating at least 25 jobs if the project is
913 located in an enterprise zone, or in a county having a
914 population of fewer than 75,000 or in a county having a
915 population of fewer than 125,000 which is contiguous to a county
916 having a population of fewer than 75,000, as determined by the
917 most recent decennial census, residing in incorporated and
918 unincorporated areas of the county.
919 (4) The regional teams shall be established through the
920 execution of a project-specific memoranda of agreement developed
921 and executed by the applicant and the secretary, with input
922 solicited from the Department of Economic Opportunity and the
923 respective heads of the Department of Transportation and its
924 district offices, the Department of Agriculture and Consumer
925 Services, the Fish and Wildlife Conservation Commission,
926 appropriate regional planning councils, appropriate water
927 management districts, and voluntarily participating
928 municipalities and counties. The memoranda of agreement should
929 also accommodate participation in this expedited process by
930 other local governments and federal agencies as circumstances
931 warrant.
932 (5) In order to facilitate local government’s option to
933 participate in this expedited review process, the secretary
934 shall, in cooperation with local governments and participating
935 state agencies, create a standard form memorandum of agreement.
936 The standard form of the memorandum of agreement shall be used
937 only if the local government participates in the expedited
938 review process. In the absence of local government
939 participation, only the project-specific memorandum of agreement
940 executed pursuant to subsection (4) applies. A local government
941 shall hold a duly noticed public workshop to review and explain
942 to the public the expedited permitting process and the terms and
943 conditions of the standard form memorandum of agreement.
944 (10) The memoranda of agreement may provide for the waiver
945 or modification of procedural rules prescribing forms, fees,
946 procedures, or time limits for the review or processing of
947 permit applications under the jurisdiction of those agencies
948 that are members of the regional permit action team party to the
949 memoranda of agreement. Notwithstanding any other provision of
950 law to the contrary, a memorandum of agreement must to the
951 extent feasible provide for proceedings and hearings otherwise
952 held separately by the parties to the memorandum of agreement to
953 be combined into one proceeding or held jointly and at one
954 location. Such waivers or modifications are not authorized shall
955 not be available for permit applications governed by federally
956 delegated or approved permitting programs, the requirements of
957 which would prohibit, or be inconsistent with, such a waiver or
958 modification.
959 (11) The standard form for memoranda of agreement shall
960 include guidelines to be used in working with state, regional,
961 and local permitting authorities. Guidelines may include, but
962 are not limited to, the following:
963 (a) A central contact point for filing permit applications
964 and local comprehensive plan amendments and for obtaining
965 information on permit and local comprehensive plan amendment
966 requirements.;
967 (b) Identification of the individual or individuals within
968 each respective agency who will be responsible for processing
969 the expedited permit application or local comprehensive plan
970 amendment for that agency.;
971 (c) A mandatory preapplication review process to reduce
972 permitting conflicts by providing guidance to applicants
973 regarding the permits needed from each agency and governmental
974 entity, site planning and development, site suitability and
975 limitations, facility design, and steps the applicant can take
976 to ensure expeditious permit application and local comprehensive
977 plan amendment review. As a part of this process, the first
978 interagency meeting to discuss a project shall be held within 14
979 days after the secretary’s determination that the project is
980 eligible for expedited review. Subsequent interagency meetings
981 may be scheduled to accommodate the needs of participating local
982 governments that are unable to meet public notice requirements
983 for executing a memorandum of agreement within this timeframe.
984 This accommodation may not exceed 45 days from the secretary’s
985 determination that the project is eligible for expedited
986 review.;
987 (d) The preparation of a single coordinated project
988 description form and checklist and an agreement by state and
989 regional agencies to reduce the burden on an applicant to
990 provide duplicate information to multiple agencies.;
991 (e) Establishment of a process for the adoption and review
992 of any comprehensive plan amendment needed by any certified
993 project within 90 days after the submission of an application
994 for a comprehensive plan amendment. However, the memorandum of
995 agreement may not prevent affected persons as defined in s.
996 163.3184 from appealing or participating in this expedited plan
997 amendment process and any review or appeals of decisions made
998 under this paragraph.; and
999 (f) Additional incentives for an applicant who proposes a
1000 project that provides a net ecosystem benefit.
1001 (14)(a) Challenges to state agency action in the expedited
1002 permitting process for projects processed under this section are
1003 subject to the summary hearing provisions of s. 120.574, except
1004 that the administrative law judge’s decision, as provided in s.
1005 120.574(2)(f), shall be in the form of a recommended order and
1006 do not constitute the final action of the state agency. In those
1007 proceedings where the action of only one agency of the state
1008 other than the Department of Environmental Protection is
1009 challenged, the agency of the state shall issue the final order
1010 within 45 working days after receipt of the administrative law
1011 judge’s recommended order, and the recommended order shall
1012 inform the parties of their right to file exceptions or
1013 responses to the recommended order in accordance with the
1014 uniform rules of procedure pursuant to s. 120.54. In those
1015 proceedings where the actions of more than one agency of the
1016 state are challenged, the Governor shall issue the final order
1017 within 45 working days after receipt of the administrative law
1018 judge’s recommended order, and the recommended order shall
1019 inform the parties of their right to file exceptions or
1020 responses to the recommended order in accordance with the
1021 uniform rules of procedure pursuant to s. 120.54. For This
1022 paragraph does not apply to the issuance of department licenses
1023 required under any federally delegated or approved permit
1024 program. In such instances, the department, and not the
1025 Governor, shall enter the final order. The participating
1026 agencies of the state may opt at the preliminary hearing
1027 conference to allow the administrative law judge’s decision to
1028 constitute the final agency action.
1029 (b) Projects identified in paragraph (3)(f) or challenges
1030 to state agency action in the expedited permitting process for
1031 establishment of a state-of-the-art biomedical research
1032 institution and campus in this state by the grantee under s.
1033 288.955 are subject to the same requirements as challenges
1034 brought under paragraph (a), except that, notwithstanding s.
1035 120.574, summary proceedings must be conducted within 30 days
1036 after a party files the motion for summary hearing, regardless
1037 of whether the parties agree to the summary proceeding.
1038 (15) The Department of Economic Opportunity, working with
1039 the agencies providing cooperative assistance and input
1040 regarding the memoranda of agreement, shall review sites
1041 proposed for the location of facilities that the Department of
1042 Economic Opportunity has certified to be eligible for the
1043 Innovation Incentive Program under s. 288.1089. Within 20 days
1044 after the request for the review by the Department of Economic
1045 Opportunity, the agencies shall provide to the Department of
1046 Economic Opportunity a statement as to each site’s necessary
1047 permits under local, state, and federal law and an
1048 identification of significant permitting issues, which if
1049 unresolved, may result in the denial of an agency permit or
1050 approval or any significant delay caused by the permitting
1051 process.
1052 (18) The Department of Economic Opportunity, working with
1053 the Rural Economic Development Initiative and the agencies
1054 participating in the memoranda of agreement, shall provide
1055 technical assistance in preparing permit applications and local
1056 comprehensive plan amendments for counties having a population
1057 of fewer than 75,000 residents, or counties having fewer than
1058 125,000 residents which are contiguous to counties having fewer
1059 than 75,000 residents. Additional assistance may include, but
1060 not be limited to, guidance in land development regulations and
1061 permitting processes, working cooperatively with state,
1062 regional, and local entities to identify areas within these
1063 counties which may be suitable or adaptable for preclearance
1064 review of specified types of land uses and other activities
1065 requiring permits.
1066 Section 22. Subsection (1) of section 526.203, Florida
1067 Statutes, is amended, and subsection (5) is added to that
1068 section, to read:
1069 526.203 Renewable fuel standard.—
1070 (1) DEFINITIONS.—As used in this act:
1071 (a) “Blender,” “importer,” “terminal supplier,” and
1072 “wholesaler” are defined as provided in s. 206.01.
1073 (b) “Blended gasoline” means a mixture of 90 to 91 percent
1074 gasoline and 9 to 10 percent fuel ethanol or other alternative
1075 fuel, by volume, that meets the specifications as adopted by the
1076 department. The fuel ethanol or other alternative fuel portion
1077 may be derived from any agricultural source.
1078 (c) “Fuel ethanol” means an anhydrous denatured alcohol
1079 produced by the conversion of carbohydrates that meets the
1080 specifications as adopted by the department.
1081 (d) “Alternative fuel” means a fuel produced from biomass
1082 that is used to replace or reduce the quantity of fossil fuel
1083 present in a petroleum fuel that meets the specifications as
1084 adopted by the department. “Biomass” means biomass as defined in
1085 s. 366.91 and “alternative fuel” means alternative fuel as
1086 defined in s. 525.01(1)(c) and that is suitable for blending
1087 with gasoline.
1088 (e)(d) “Unblended gasoline” means gasoline that has not
1089 been blended with fuel ethanol and that meets the specifications
1090 as adopted by the department.
1091 (5) SALE OF UNBLENDED GASOLINE.—This section does not
1092 prohibit the sale of unblended gasoline for the uses exempted
1093 under subsection (3).
1094 Section 23. The holder of a valid permit or other
1095 authorization is not required to make a payment to the
1096 authorizing agency for use of an extension granted under s. 73
1097 or s. 79 of chapter 2011-139, Laws of Florida, or section 25 of
1098 this act. This section applies retroactively and is effective as
1099 of June 2, 2011.
1100 Section 24. (1) Any building permit or any permit issued by
1101 the Department of Environmental Protection or by a water
1102 management district pursuant to part IV of chapter 373, Florida
1103 Statutes, which has an expiration date from January 1, 2012,
1104 through January 1, 2014, is extended and renewed for a period of
1105 2 years after its previously scheduled date of expiration. This
1106 extension includes any local government-issued development order
1107 or building permit, including certificates of levels of service.
1108 This section does not prohibit conversion from the construction
1109 phase to the operation phase upon completion of construction.
1110 This extension is in addition to any existing permit extension.
1111 Extensions granted pursuant to this section; s. 14 of chapter
1112 2009-96, Laws of Florida, as reauthorized by s. 47 of chapter
1113 2010-147, Laws of Florida; s. 46 of chapter 2010-147, Laws of
1114 Florida; or s. 74 or s. 79 of chapter 2011-139, Laws of Florida,
1115 may not exceed 4 years in total. Further, specific development
1116 order extensions granted pursuant to s. 380.06(19)(c)2., Florida
1117 Statutes, may not be further extended by this section.
1118 (2) The commencement and completion dates for any required
1119 mitigation associated with a phased construction project shall
1120 be extended so that mitigation takes place in the same timeframe
1121 relative to the phase as originally permitted.
1122 (3) The holder of a valid permit or other authorization
1123 that is eligible for the 2-year extension under subsection (1)
1124 must provide the authorizing agency with written notice by
1125 December 31, 2012, which identifies the specific authorization
1126 for which the holder intends to use the extension and the
1127 anticipated timeframe for acting on the authorization.
1128 (4) The extension under subsection (1) does not apply to:
1129 (a) A permit or other authorization under any programmatic
1130 or regional general permit issued by the United States Army
1131 Corps of Engineers.
1132 (b) A permit or other authorization held by an owner or
1133 operator determined to be in significant noncompliance with the
1134 conditions of the permit or authorization as established through
1135 the issuance of a warning letter or notice of violation, the
1136 initiation of formal enforcement, or other equivalent action by
1137 the authorizing agency.
1138 (c) A permit or other authorization that, if granted an
1139 extension, would delay or prevent compliance with a court order.
1140 (5) Permits extended under this section shall continue to
1141 be governed by the rules in effect at the time the permit was
1142 issued, except if it is demonstrated that the rules in effect at
1143 the time the permit was issued would create an immediate threat
1144 to public safety or health. This subsection applies to any
1145 modification of the plans, terms, and conditions of the permit
1146 which lessens the environmental impact, except that any such
1147 modification does not extend the time limit beyond 2 additional
1148 years.
1149 (6) This section does not impair the authority of a county
1150 or municipality to require the owner of a property who has
1151 notified the county or municipality of the owner’s intent to
1152 receive the extension of time granted pursuant to this section
1153 to maintain and secure the property in a safe and sanitary
1154 condition in compliance with applicable laws and ordinances.
1155 Section 25. This act shall take effect July 1, 2012.
