Bill Text: FL S0716 | 2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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 SB 716
By the Committee on Community Affairs; and Senator Bennett
578-01887-12 2012716c1
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.
9 166.033, F.S.; prohibiting a municipality from
10 requiring an applicant to obtain a permit or approval
11 from any state or federal agency as a condition of
12 processing a development permit under certain
13 conditions; authorizing a municipality to attach
14 certain disclaimers to the issuance of a development
15 permit; amending s. 218.075, F.S.; providing for the
16 reduction or waiver of permit processing fees relating
17 to projects that serve a public purpose for certain
18 entities created by special act, local ordinance, or
19 interlocal agreement; amending s. 258.397, F.S.;
20 providing an exemption from a showing of extreme
21 hardship relating to the sale, transfer, or lease of
22 sovereignty submerged lands in the Biscayne Bay
23 Aquatic Preserve for certain municipal applicants;
24 providing for additional dredging and filling
25 activities in the preserve; amending s. 339.63, F.S.;
26 providing exceptions to criteria required for system
27 facilities designated under the Strategic Intermodal
28 System; amending s. 373.026, F.S.; requiring the
29 Department of Environmental Protection to expand its
30 use of Internet-based self-certification services for
31 exemptions and permits issued by the department and
32 water management districts; amending s. 373.306, F.S.;
33 exempting underground injection control wells from
34 certain rules; amending s. 373.4141, F.S.; reducing
35 the time within which a permit must be approved,
36 denied, or subject to notice of proposed agency
37 action; prohibiting a state agency or an agency of the
38 state from requiring additional permits or approval
39 from a local, state, or federal agency without
40 explicit authority; amending s. 373.4144, F.S.;
41 providing legislative intent with respect to the
42 coordination of regulatory duties among specified
43 state and federal agencies; encouraging expanded use
44 of the state programmatic general permit or regional
45 general permits; providing for a voluntary state
46 programmatic general permit for certain dredge and
47 fill activities; amending s. 373.441, F.S.; requiring
48 that certain counties or municipalities apply by a
49 specified date to the department or water management
50 district for authority to require certain permits;
51 providing that following such delegation, the
52 department or district may not regulate activities
53 that are subject to the delegation; clarifying the
54 authority of local governments to adopt pollution
55 control programs under certain conditions; providing
56 applicability with respect to solid mineral mining;
57 amending s. 376.3071, F.S.; exempting program
58 deductibles, copayments, and certain assessment report
59 requirements from expenditures under the low-scored
60 site initiative; amending s. 376.30715, F.S.;
61 providing that the transfer of a contaminated site
62 from an owner to a child of the owner or corporate
63 entity does not disqualify the site from the innocent
64 victim petroleum storage system restoration financial
65 assistance program; authorizing certain applicants to
66 reapply for financial assistance; amending s.
67 380.0657, F.S.; authorizing expedited permitting for
68 certain inland multimodal facilities; amending s.
69 403.061, F.S.; requiring the department to establish
70 reasonable zones of mixing for discharges into
71 specified waters; providing that certain groundwater
72 standards that are exceeded do not create liability
73 for site cleanup; providing that certain soil cleanup
74 target levels that are exceeded are not a basis for
75 enforcement or cleanup; amending s. 403.087, F.S.;
76 revising conditions under which the department is
77 authorized to revoke permits for sources of air or
78 water pollution; amending s. 403.1838, F.S.; revising
79 the definition of the term “financially disadvantaged
80 small community” for purposes of the Small Community
81 Sewer Construction Assistance Act; amending s.
82 403.7045, F.S.; providing conditions under which
83 sludge from an industrial waste treatment works is not
84 solid waste; amending s. 403.707, F.S.; exempting the
85 disposal of solid waste monitored by certain
86 groundwater monitoring plans from specific
87 authorization; extending the duration of all permits
88 issued to solid waste management facilities that meet
89 specified criteria; providing an exception; providing
90 for prorated permit fees; providing applicability;
91 specifying a permit term for a solid waste management
92 facility that does not have a leachate control system
93 meeting the requirements of the department under
94 certain conditions; authorizing the department to
95 adopt rules; providing that the department is not
96 required to submit the rules to the Environmental
97 Regulation Commission for approval; requiring that
98 permit fee caps for solid waste management facilities
99 be prorated to reflect the extended permit term;
100 amending s. 403.709, F.S.; creating a solid waste
101 landfill closure account within the Solid Waste
102 Management Trust Fund to fund the closing and long
103 term care of solid waste facilities under certain
104 circumstances; requiring that the department deposit
105 funds that are reimbursed into the solid waste
106 landfill closure account; amending s. 403.7125, F.S.;
107 requiring that the department require by rule that the
108 owner or operator of a solid waste management facility
109 receiving waste on or after a specified date provide
110 financial assurance for the cost of completing
111 corrective action for violations of water quality
112 standards; amending s. 403.814, F.S.; providing for
113 issuance of general permits for the construction,
114 alteration, and maintenance of certain surface water
115 management systems under certain circumstances;
116 specifying conditions for the construction of the
117 system without any action by the department or water
118 management district; amending s. 403.853, F.S.;
119 providing for the department, or a local county health
120 department designated by the department, to perform
121 sanitary surveys for certain transient noncommunity
122 water systems; amending s. 403.973, F.S.; authorizing
123 expedited permitting for certain commercial or
124 industrial development projects that individually or
125 collectively will create a minimum number of jobs;
126 providing for a project-specific memorandum of
127 agreement to apply to a project subject to expedited
128 permitting; clarifying the authority of the department
129 to enter final orders for the issuance of certain
130 licenses; revising criteria for the review of certain
131 sites; amending s. 526.203, F.S.; revising the
132 definition of the term “blended gasoline”; defining
133 the term “renewable fuel”; authorizing the sale of
134 unblended fuels for certain uses; providing an
135 effective date.
136
137 Be It Enacted by the Legislature of the State of Florida:
138
139 Section 1. Section 125.022, Florida Statutes, is amended to
140 read:
141 125.022 Development permits.—If When a county denies an
142 application for a development permit, the county shall give
143 written notice to the applicant. The notice must include a
144 citation to the applicable portions of an ordinance, rule,
145 statute, or other legal authority for the denial of the permit.
146 As used in this section, the term “development permit” has the
147 same meaning as in s. 163.3164. A county may not require as a
148 condition of processing a development permit that an applicant
149 obtain a permit or approval from a state or federal agency
150 unless that agency has issued a notice of intent to deny the
151 federal or state permit before the county action on the local
152 development permit. The issuance of a development permit by a
153 county does not create a right on the part of the applicant to
154 obtain a permit from a state or federal agency and does not
155 create a liability on the part of the county for issuance of the
156 permit if the applicant fails to fulfill its legal obligations
157 to obtain requisite approvals or fulfill the obligations imposed
158 by a state or federal agency. A county may attach such a
159 disclaimer to the issuance of a development permit and may
160 include a permit condition that all other applicable state or
161 federal permits be obtained before commencement of the
162 development. This section does not prohibit a county from
163 providing information to an applicant regarding what other state
164 or federal permits may apply.
165 Section 2. Section 166.033, Florida Statutes, is amended to
166 read:
167 166.033 Development permits.—If When a municipality denies
168 an application for a development permit, the municipality shall
169 give written notice to the applicant. The notice must include a
170 citation to the applicable portions of an ordinance, rule,
171 statute, or other legal authority for the denial of the permit.
172 As used in this section, the term “development permit” has the
173 same meaning as in s. 163.3164. A municipality may not require
174 as a condition of processing a development permit that an
175 applicant obtain a permit or approval from a state or federal
176 agency unless that agency has issued a notice of intent to deny
177 the federal or state permit before the municipal action on the
178 local development permit. The issuance of a development permit
179 by a municipality does not create a right on the part of an
180 applicant to obtain a permit from a state or federal agency and
181 does not create any liability on the part of the municipality
182 for issuance of the permit if the applicant fails to fulfill its
183 legal obligations to obtain requisite approvals or fulfill the
184 obligations imposed by a state or federal agency. A municipality
185 may attach such a disclaimer to the issuance of a development
186 permit and may include a permit condition that all other
187 applicable state or federal permits be obtained before
188 commencement of the development. This section does not prohibit
189 a municipality from providing information to an applicant
190 regarding what other state or federal permits may apply.
191 Section 3. Section 218.075, Florida Statutes, is amended to
192 read:
193 218.075 Reduction or waiver of permit processing fees.
194 Notwithstanding any other provision of law, the Department of
195 Environmental Protection and the water management districts
196 shall reduce or waive permit processing fees for a county that
197 has counties with a population of 50,000 or fewer less on April
198 1, 1994, until such county exceeds counties exceed a population
199 of 75,000; for a municipality that has and municipalities with a
200 population of 25,000 or fewer; for an entity created by special
201 act, local ordinance, or interlocal agreement of such county or
202 municipality; less, or for a any county or municipality not
203 included within a metropolitan statistical area. Fee reductions
204 or waivers shall be approved on the basis of fiscal hardship or
205 environmental need for a particular project or activity. The
206 governing body must certify that the cost of the permit
207 processing fee is a fiscal hardship due to one of the following
208 factors:
209 (1) Per capita taxable value is less than the statewide
210 average for the current fiscal year;
211 (2) Percentage of assessed property value that is exempt
212 from ad valorem taxation is higher than the statewide average
213 for the current fiscal year;
214 (3) Any condition specified in s. 218.503(1) which results
215 in the county or municipality being in a state of financial
216 emergency;
217 (4) Ad valorem operating millage rate for the current
218 fiscal year is greater than 8 mills; or
219 (5) A financial condition that is documented in annual
220 financial statements at the end of the current fiscal year and
221 indicates an inability to pay the permit processing fee during
222 that fiscal year.
223
224 The permit applicant must be the governing body of a county or
225 municipality, or a third party under contract with a county or
226 municipality, or an entity created by special act, local
227 ordinance, or interlocal agreement, and the project for which
228 the fee reduction or waiver is sought must serve a public
229 purpose. If a permit processing fee is reduced, the total fee
230 may shall not exceed $100.
231 Section 4. Paragraphs (a) and (b) of subsection (3) of
232 section 258.397, Florida Statutes, are amended to read:
233 258.397 Biscayne Bay Aquatic Preserve.—
234 (3) AUTHORITY OF TRUSTEES.—The Board of Trustees of the
235 Internal Improvement Trust Fund is authorized and directed to
236 maintain the aquatic preserve hereby created pursuant and
237 subject to the following provisions:
238 (a) A No further sale, transfer, or lease of sovereignty
239 submerged lands in the preserve may not shall be approved or
240 consummated by the board of trustees, except upon a showing of
241 extreme hardship on the part of the applicant and a
242 determination by the board of trustees that such sale, transfer,
243 or lease is in the public interest. A municipal applicant
244 proposing a project under paragraph (b) is exempt from showing
245 extreme hardship.
246 (b) A No further dredging or filling of submerged lands of
247 the preserve may not shall be approved or tolerated by the board
248 of trustees except:
249 1. Such minimum dredging and spoiling as may be authorized
250 for public navigation projects or for such minimum dredging and
251 spoiling as may be constituted as a public necessity or for
252 preservation of the bay according to the expressed intent of
253 this section.
254 2. Such other alteration of physical conditions, including
255 the placement of riprap, as may be necessary to enhance the
256 quality and utility of the preserve.
257 3. Such minimum dredging and filling as may be authorized
258 for the creation and maintenance of marinas, piers, and docks
259 and their attendant navigation channels and access roads. Such
260 projects may only be authorized only upon a specific finding by
261 the board of trustees that there is assurance that the project
262 will be constructed and operated in a manner that will not
263 adversely affect the water quality and utility of the preserve.
264 This subparagraph does shall not authorize the connection of
265 upland canals to the waters of the preserve.
266 4. Such dredging as is necessary for the purpose of
267 eliminating conditions hazardous to the public health or for the
268 purpose of eliminating stagnant waters, islands, and spoil
269 banks, the dredging of which would enhance the aesthetic and
270 environmental quality and utility of the preserve and be clearly
271 in the public interest as determined by the board of trustees.
272 5. Such dredging and filling as necessary for the creation
273 of public waterfront promenades.
274
275 Any dredging or filling under this subsection or improvements
276 under subsection (5) may shall be approved only after public
277 notice as provided by s. 253.115.
278 Section 5. Subsection (4) of section 339.63, Florida
279 Statutes, is amended, and subsections (5) and (6) are added to
280 that section, to read:
281 339.63 System facilities designated; additions and
282 deletions.—
283 (4) After the initial designation of the Strategic
284 Intermodal System under subsection (1), the department shall, in
285 coordination with the metropolitan planning organizations, local
286 governments, regional planning councils, transportation
287 providers, and affected public agencies, add facilities to or
288 delete facilities from the Strategic Intermodal System described
289 in paragraph (2)(a) based upon criteria adopted by the
290 department with the exceptions provided in subsections (5) and
291 (6).
292 (5) However, An airport that is designated as a reliever
293 airport to a Strategic Intermodal System airport which has at
294 least 75,000 itinerant operations per year, has a runway length
295 of at least 5,500 linear feet, is capable of handling aircraft
296 weighing at least 60,000 pounds with a dual wheel configuration
297 which is served by at least one precision instrument approach,
298 and serves a cluster of aviation-dependent industries, shall be
299 designated as part of the Strategic Intermodal System by the
300 Secretary of Transportation upon the request of a reliever
301 airport meeting this criteria.
302 (6) A planned facility that is projected to create at least
303 50 full-time jobs and is designated in the local comprehensive
304 plan as an intermodal logistics center or inland logistics
305 center, or the local equivalent, and meets the following
306 criteria shall be designated as part of the Strategic Intermodal
307 System by the Secretary of Transportation upon the request of a
308 planned intermodal logistics center facility. The planned
309 facility must:
310 (a) Serve the purpose of receiving or sending cargo for
311 distribution and providing cargo storage, consolidation, and
312 repackaging and transfer of goods, and may, if developed as
313 proposed, include other intermodal terminals, related
314 transportation facility, warehousing and distribution, and
315 associated office space, light industrial, manufacturing, and
316 assembly uses;
317 (b) Be proximate to one or more Strategic Intermodal
318 System-designated highway facility for the purpose of
319 facilitating regional freight traffic movements within the
320 state;
321 (c) Be located within 30 miles to an existing Strategic
322 Intermodal System- or Emerging Strategic Intermodal System
323 designated rail line;
324 (d) Be located within 100 miles of a Strategic Intermodal
325 System-designated seaport, for the purpose of providing
326 additional relief for expansion of cargo storage and seaport
327 movement capacity, and have a collaborative agreement, letter of
328 interest, or memorandum of understanding with the seaport; and
329 (e) Be consistent with market feasibility studies for
330 location and size of a intermodal logistics center or an inland
331 port facility as published by the Department of Transportation
332 or other sources.
333
334 If a planned facility is designated as an intermodal logistics
335 center or inland logistics center, or the local equivalent, a
336 local government must adopt a waiver of transportation
337 concurrency or a limited exemption that allows up to 150 percent
338 increase in the adopted level of service capacity standard for
339 the project’s impact to roadway facilities on the Strategic
340 Intermodal System.
341 Section 6. Subsection (10) is added to section 373.026,
342 Florida Statutes, to read:
343 373.026 General powers and duties of the department.—The
344 department, or its successor agency, shall be responsible for
345 the administration of this chapter at the state level. However,
346 it is the policy of the state that, to the greatest extent
347 possible, the department may enter into interagency or
348 interlocal agreements with any other state agency, any water
349 management district, or any local government conducting programs
350 related to or materially affecting the water resources of the
351 state. All such agreements shall be subject to the provisions of
352 s. 373.046. In addition to its other powers and duties, the
353 department shall, to the greatest extent possible:
354 (10) Expand the use of Internet-based self-certification
355 services for appropriate exemptions and general permits issued
356 by the department and the water management districts, if the
357 expansion is economically feasible. In addition to expanding the
358 use of Internet-based, self-certification services for
359 appropriate exemptions and general permits, the department and
360 the water management districts shall identify and develop
361 general permits for appropriate activities currently requiring
362 individual review which could be expedited through the use of
363 applicable professional certification.
364 Section 7. Section 373.306, Florida Statutes, is amended to
365 read:
366 373.306 Scope.—A No person may not shall construct, repair,
367 abandon, or cause to be constructed, repaired, or abandoned, any
368 water well contrary to the provisions of this part and
369 applicable rules and regulations. This part does shall not apply
370 to equipment used temporarily for dewatering purposes or to the
371 process used in dewatering or to wells that have been authorized
372 under the state’s underground injection control program pursuant
373 to department rules.
374 Section 8. Subsection (2) of section 373.4141, Florida
375 Statutes, is amended, and subsection (4) is added to that
376 section, to read:
377 373.4141 Permits; processing.—
378 (2) A permit shall be approved, or denied, or subject to a
379 notice of proposed agency action within 60 90 days after receipt
380 of the original application, the last item of timely requested
381 additional material, or the applicant’s written request to begin
382 processing the permit application.
383 (4) A state agency or an agency of the state may not
384 require as a condition of approval for a permit or as an item to
385 complete a pending permit application that an applicant obtain a
386 permit or approval from any other local, state, or federal
387 agency without explicit statutory authority to require such
388 permit or approval.
389 Section 9. Section 373.4144, Florida Statutes, is amended
390 to read:
391 373.4144 Federal environmental permitting.—
392 (1) It is the intent of the Legislature to facilitate the
393 coordination of a more efficient process for implementing
394 regulatory duties and functions between the Department of
395 Environmental Protection, the water management districts, the
396 United States Army Corps of Engineers, the United States Fish
397 and Wildlife Service, the National Marine Fisheries Service, the
398 United States Environmental Protection Agency, the Fish and
399 Wildlife Conservation Commission, and other relevant federal and
400 state agencies.
401 (2) The Department of Environmental Protection may obtain
402 issuance by the United States Army Corps of Engineers, pursuant
403 to state and federal law and as set forth in this section, of an
404 expanded state programmatic general permit, or a series of
405 regional general permits, for categories of activities in waters
406 of the United States governed by the Clean Water Act and in
407 navigable waters under the Rivers and Harbors Act of 1899 which
408 are similar in nature, which will cause only minimal adverse
409 environmental effects when performed separately, and which will
410 have only minimal cumulative adverse effects on the environment.
411 (3) The Department of Environmental Protection may use a
412 state general permit or a regional general permit to eliminate
413 overlapping federal regulations and state rules that protect the
414 same resource and to avoid duplication of permitting between the
415 United States Army Corps of Engineers and the department for
416 minor work located in waters of the United States, including
417 navigable waters, and to eliminate, in appropriate cases, the
418 need for a separate individual approval from the United States
419 Army Corps of Engineers while ensuring the most stringent
420 protection of wetland resources.
421 (4) The department may not seek issuance of or take any
422 action pursuant to a permit unless the conditions of that permit
423 are at least as protective of the environment and natural
424 resources as existing state law under this part and federal law
425 under the Clean Water Act and the Rivers and Harbors Act of
426 1899.
427 (5) The department and the water management districts may
428 implement a voluntary state programmatic general permit for all
429 dredge and fill activities impacting 3 acres or less of wetlands
430 or other surface waters, including navigable waters, subject to
431 agreement with the United States Army Corps of Engineers, if the
432 general permit is at least as protective of the environment and
433 natural resources as existing state law under this part and
434 federal law under the Clean Water Act and the Rivers and Harbors
435 Act of 1899.
436 (1) The department is directed to develop, on or before
437 October 1, 2005, a mechanism or plan to consolidate, to the
438 maximum extent practicable, the federal and state wetland
439 permitting programs. It is the intent of the Legislature that
440 all dredge and fill activities impacting 10 acres or less of
441 wetlands or waters, including navigable waters, be processed by
442 the state as part of the environmental resource permitting
443 program implemented by the department and the water management
444 districts. The resulting mechanism or plan shall analyze and
445 propose the development of an expanded state programmatic
446 general permit program in conjunction with the United States
447 Army Corps of Engineers pursuant to s. 404 of the Clean Water
448 Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
449 and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,
450 or in combination with an expanded state programmatic general
451 permit, the mechanism or plan may propose the creation of a
452 series of regional general permits issued by the United States
453 Army Corps of Engineers pursuant to the referenced statutes. All
454 of the regional general permits must be administered by the
455 department or the water management districts or their designees.
456 (2) The department is directed to file with the Speaker of
457 the House of Representatives and the President of the Senate a
458 report proposing any required federal and state statutory
459 changes that would be necessary to accomplish the directives
460 listed in this section and to coordinate with the Florida
461 Congressional Delegation on any necessary changes to federal law
462 to implement the directives.
463 (6)(3) Nothing in This section does not shall be construed
464 to preclude the department from pursuing a series of regional
465 general permits for construction activities in wetlands or
466 surface waters or from pursuing complete assumption of federal
467 permitting programs regulating the discharge of dredged or fill
468 material pursuant to s. 404 of the Clean Water Act, Pub. L. No.
469 92-500, as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of the
470 Rivers and Harbors Act of 1899, so long as the assumption
471 encompasses all dredge and fill activities in, on, or over
472 jurisdictional wetlands or waters, including navigable waters,
473 within the state.
474 Section 10. Present subsections (3), (4), and (5) of
475 section 373.441, Florida Statutes, are renumbered as subsections
476 (7), (8), and (9), respectively, and new subsections (3), (4),
477 and (5) and subsection (6) are added to that section, to read:
478 373.441 Role of counties, municipalities, and local
479 pollution control programs in permit processing; delegation.—
480 (3) A county or municipality that has a population of
481 400,000 or more as of July 1, 2012, and that implements a local
482 pollution control program regulating all or a portion of the
483 wetlands or surface waters throughout its geographic boundary
484 must apply for delegation of state environmental resource
485 permitting authority before January 1, 2014. If the county or
486 municipality fails to receive delegation of all or a portion of
487 state environmental resource permitting authority within 2 years
488 after submitting its application for delegation or by January 1,
489 2016, at the latest, it may not require permits that in part or
490 in full are substantially similar to the requirements needed to
491 obtain an environmental resource permit. A county or
492 municipality that has received delegation before January 1,
493 2014, does not need to reapply.
494 (4) The department may delegate state environmental
495 resource permitting authority to local governments. The
496 department must grant or deny an application for delegation of
497 authority submitted by a county or municipality that meets the
498 criteria in subsection (3) within 2 years after receipt of the
499 application. If an application for delegation of authority is
500 denied, any available legal challenge to the denial tolls the
501 preemption deadline until resolution of the legal challenge.
502 Upon delegation of authority to a qualified local government,
503 the department and water management district may not regulate
504 the activities delegated to the qualified local government
505 within that jurisdiction.
506 (5) This section does not prohibit or limit a local
507 government that meets the criteria in subsection (3) from
508 regulating wetlands or surface waters on or after January 1,
509 2014, if the local government receives delegation of all or a
510 portion of state environmental resource permitting authority
511 within 2 years after submitting its application for the
512 delegation.
513 (6) Notwithstanding subsections (3), (4), and (5), this
514 section does not apply to environmental resource permitting or
515 reclamation applications for solid mineral mining and does not
516 prohibit the application of local government regulations to any
517 new solid mineral mine or any proposed addition to, change to,
518 or expansion of an existing solid mineral mine.
519 Section 11. Paragraph (b) of subsection (11) of section
520 376.3071, Florida Statutes, is amended to read:
521 376.3071 Inland Protection Trust Fund; creation; purposes;
522 funding.—
523 (11)
524 (b) Low-scored site initiative.—Notwithstanding s.
525 376.30711, any site with a priority ranking score of 10 points
526 or less may voluntarily participate in the low-scored site
527 initiative, whether or not the site is eligible for state
528 restoration funding.
529 1. To participate in the low-scored site initiative, the
530 responsible party or property owner must affirmatively
531 demonstrate that the following conditions are met:
532 a. Upon reassessment pursuant to department rule, the site
533 retains a priority ranking score of 10 points or less.
534 b. No excessively contaminated soil, as defined by
535 department rule, exists onsite as a result of a release of
536 petroleum products.
537 c. A minimum of 6 months of groundwater monitoring
538 indicates that the plume is shrinking or stable.
539 d. The release of petroleum products at the site does not
540 adversely affect adjacent surface waters, including their
541 effects on human health and the environment.
542 e. The area of groundwater containing the petroleum
543 products’ chemicals of concern is less than one-quarter acre and
544 is confined to the source property boundaries of the real
545 property on which the discharge originated.
546 f. Soils onsite that are subject to human exposure found
547 between land surface and 2 feet below land surface meet the soil
548 cleanup target levels established by department rule or human
549 exposure is limited by appropriate institutional or engineering
550 controls.
551 2. Upon affirmative demonstration of the conditions under
552 subparagraph 1., the department shall issue a determination of
553 “No Further Action.” Such determination acknowledges that
554 minimal contamination exists onsite and that such contamination
555 is not a threat to human health or the environment. If no
556 contamination is detected, the department may issue a site
557 rehabilitation completion order.
558 3. Sites that are eligible for state restoration funding
559 may receive payment of preapproved costs for the low-scored site
560 initiative as follows:
561 a. A responsible party or property owner may submit an
562 assessment plan designed to affirmatively demonstrate that the
563 site meets the conditions under subparagraph 1. Notwithstanding
564 the priority ranking score of the site, the department may
565 preapprove the cost of the assessment pursuant to s. 376.30711,
566 including 6 months of groundwater monitoring, not to exceed
567 $30,000 for each site. The department may not pay the costs
568 associated with the establishment of institutional or
569 engineering controls.
570 b. The assessment work shall be completed no later than 6
571 months after the department issues its approval.
572 c. No more than $10 million for the low-scored site
573 initiative may shall be encumbered from the Inland Protection
574 Trust Fund in any fiscal year. Funds shall be made available on
575 a first-come, first-served basis and shall be limited to 10
576 sites in each fiscal year for each responsible party or property
577 owner.
578 d. Program deductibles, copayments, and the limited
579 contamination assessment report requirements under paragraph
580 (13)(c) do not apply to expenditures under this paragraph.
581 Section 12. Section 376.30715, Florida Statutes, is amended
582 to read:
583 376.30715 Innocent victim petroleum storage system
584 restoration.—A contaminated site acquired by the current owner
585 before prior to July 1, 1990, which has ceased operating as a
586 petroleum storage or retail business before prior to January 1,
587 1985, is eligible for financial assistance pursuant to s.
588 376.305(6), notwithstanding s. 376.305(6)(a). For purposes of
589 this section, the term “acquired” means the acquisition of title
590 to the property; however, a subsequent transfer of the property
591 to a spouse or a child of the owner, a surviving spouse or a
592 child of the owner in trust or free of trust, or a revocable
593 trust created for the benefit of the settlor, or a corporate
594 entity created by the owner to hold title to the site does not
595 disqualify the site from financial assistance pursuant to s.
596 376.305(6). Applicants previously denied coverage may reapply.
597 Eligible sites shall be ranked in accordance with s.
598 376.3071(5).
599 Section 13. Subsection (1) of section 380.0657, Florida
600 Statutes, is amended to read:
601 380.0657 Expedited permitting process for economic
602 development projects.—
603 (1) The Department of Environmental Protection and, as
604 appropriate, the water management districts created under
605 chapter 373 shall adopt programs to expedite the processing of
606 wetland resource and environmental resource permits for economic
607 development projects that have been identified by a municipality
608 or county as meeting the definition of target industry
609 businesses under s. 288.106, or any inland multimodal facility
610 receiving or sending cargo to or from state ports, with the
611 exception of those projects requiring approval by the Board of
612 Trustees of the Internal Improvement Trust Fund.
613 Section 14. Subsection (11) of section 403.061, Florida
614 Statutes, is amended to read:
615 403.061 Department; powers and duties.—The department shall
616 have the power and the duty to control and prohibit pollution of
617 air and water in accordance with the law and rules adopted and
618 promulgated by it and, for this purpose, to:
619 (11) Establish ambient air quality and water quality
620 standards for the state as a whole or for any part thereof, and
621 also standards for the abatement of excessive and unnecessary
622 noise. The department may is authorized to establish reasonable
623 zones of mixing for discharges into waters. For existing
624 installations as defined by department rule, zones of discharge
625 to groundwater are authorized to a facility’s or owner’s
626 property boundary and extending to the base of a specifically
627 designated aquifer or aquifers. Primary and secondary
628 groundwater standards that are exceeded and that occur within a
629 zone of discharge do not create a liability pursuant to this
630 chapter or chapter 376 for site cleanup, and soil cleanup target
631 levels that are exceeded are not a basis for enforcement or site
632 cleanup.
633 (a) If When a receiving body of water fails to meet a water
634 quality standard for pollutants set forth in department rules, a
635 steam electric generating plant discharge of pollutants that is
636 existing or licensed under this chapter on July 1, 1984, may
637 nevertheless be granted a mixing zone, provided that:
638 1. The standard would not be met in the water body in the
639 absence of the discharge;
640 2. The discharge is in compliance with all applicable
641 technology-based effluent limitations;
642 3. The discharge does not cause a measurable increase in
643 the degree of noncompliance with the standard at the boundary of
644 the mixing zone; and
645 4. The discharge otherwise complies with the mixing zone
646 provisions specified in department rules.
647 (b) A No mixing zone for point source discharges may not
648 shall be permitted in Outstanding Florida Waters except for:
649 1. Sources that have received permits from the department
650 prior to April 1, 1982, or the date of designation, whichever is
651 later;
652 2. Blowdown from new power plants certified pursuant to the
653 Florida Electrical Power Plant Siting Act;
654 3. Discharges of water necessary for water management
655 purposes which have been approved by the governing board of a
656 water management district and, if required by law, by the
657 secretary; and
658 4. The discharge of demineralization concentrate which has
659 been determined permittable under s. 403.0882 and which meets
660 the specific provisions of s. 403.0882(4)(a) and (b), if the
661 proposed discharge is clearly in the public interest.
662 (c) The department, by rule, shall establish water quality
663 criteria for wetlands which criteria give appropriate
664 recognition to the water quality of such wetlands in their
665 natural state.
666
667 Nothing in This act does not shall be construed to invalidate
668 any existing department rule relating to mixing zones. The
669 department shall cooperate with the Department of Highway Safety
670 and Motor Vehicles in the development of regulations required by
671 s. 316.272(1).
672
673 The department shall implement such programs in conjunction with
674 its other powers and duties and shall place special emphasis on
675 reducing and eliminating contamination that presents a threat to
676 humans, animals or plants, or to the environment.
677 Section 15. Subsection (7) of section 403.087, Florida
678 Statutes, is amended to read:
679 403.087 Permits; general issuance; denial; revocation;
680 prohibition; penalty.—
681 (7) A permit issued pursuant to this section does shall not
682 become a vested right in the permittee. The department may
683 revoke any permit issued by it if it finds that the permitholder
684 has:
685 (a) Has Submitted false or inaccurate information in the
686 his or her application for the permit;
687 (b) Has Violated law, department orders, rules, or
688 regulations, or permit conditions;
689 (c) Has Failed to submit operational reports or other
690 information required by department rule which directly relates
691 to the permit and has refused to correct or cure such violation
692 when requested to do so or regulation; or
693 (d) Has Refused lawful inspection under s. 403.091 at the
694 facility authorized by the permit.
695 Section 16. Subsection (2) of section 403.1838, Florida
696 Statutes, is amended to read:
697 403.1838 Small Community Sewer Construction Assistance
698 Act.—
699 (2) The department shall use funds specifically
700 appropriated to award grants under this section to assist
701 financially disadvantaged small communities with their needs for
702 adequate sewer facilities. For purposes of this section, the
703 term “financially disadvantaged small community” means a
704 municipality that has with a population of 10,000 7,500 or fewer
705 less, according to the latest decennial census and a per capita
706 annual income less than the state per capita annual income as
707 determined by the United States Department of Commerce.
708 Section 17. Paragraph (f) of subsection (1) of section
709 403.7045, Florida Statutes, is amended to read:
710 403.7045 Application of act and integration with other
711 acts.—
712 (1) The following wastes or activities shall not be
713 regulated pursuant to this act:
714 (f) Industrial byproducts, if:
715 1. A majority of the industrial byproducts are demonstrated
716 to be sold, used, or reused within 1 year.
717 2. The industrial byproducts are not discharged, deposited,
718 injected, dumped, spilled, leaked, or placed upon any land or
719 water so that such industrial byproducts, or any constituent
720 thereof, may enter other lands or be emitted into the air or
721 discharged into any waters, including groundwaters, or otherwise
722 enter the environment such that a threat of contamination in
723 excess of applicable department standards and criteria or a
724 significant threat to public health is caused.
725 3. The industrial byproducts are not hazardous wastes as
726 defined under s. 403.703 and rules adopted under this section.
727
728 Sludge from an industrial waste treatment works which meets the
729 exemption requirements of this paragraph is not solid waste as
730 defined in s. 403.703(32).
731 Section 18. Subsections (2) and (3) of section 403.707,
732 Florida Statutes, are amended to read:
733 403.707 Permits.—
734 (2) Except as provided in s. 403.722(6), a permit under
735 this section is not required for the following, if the activity
736 does not create a public nuisance or any condition adversely
737 affecting the environment or public health and does not violate
738 other state or local laws, ordinances, rules, regulations, or
739 orders:
740 (a) Disposal by persons of solid waste resulting from their
741 own activities on their own property, if such waste is ordinary
742 household waste from their residential property or is rocks,
743 soils, trees, tree remains, and other vegetative matter that
744 normally result from land development operations. Disposal of
745 materials that could create a public nuisance or adversely
746 affect the environment or public health, such as white goods;
747 automotive materials, such as batteries and tires; petroleum
748 products; pesticides; solvents; or hazardous substances, is not
749 covered under this exemption.
750 (b) Storage in containers by persons of solid waste
751 resulting from their own activities on their property, leased or
752 rented property, or property subject to a homeowners’ homeowners
753 or maintenance association for which the person contributes
754 association assessments, if the solid waste in such containers
755 is collected at least once a week.
756 (c) Disposal by persons of solid waste resulting from their
757 own activities on their property, if the environmental effects
758 of such disposal on groundwater and surface waters are:
759 1. Addressed or authorized by a site certification order
760 issued under part II or a permit issued by the department under
761 this chapter or rules adopted pursuant to this chapter; or
762 2. Addressed or authorized by, or exempted from the
763 requirement to obtain, a groundwater monitoring plan approved by
764 the department. If a facility has a permit authorizing disposal
765 activity, a new area where solid waste is being disposed of
766 which is monitored by an existing or modified groundwater
767 monitoring plan is not required to be specifically authorized in
768 a permit or other certification.
769 (d) Disposal by persons of solid waste resulting from their
770 own activities on their own property, if such disposal occurred
771 prior to October 1, 1988.
772 (e) Disposal of solid waste resulting from normal farming
773 operations as defined by department rule. Polyethylene
774 agricultural plastic, damaged, nonsalvageable, untreated wood
775 pallets, and packing material that cannot be feasibly recycled,
776 which are used in connection with agricultural operations
777 related to the growing, harvesting, or maintenance of crops, may
778 be disposed of by open burning if a public nuisance or any
779 condition adversely affecting the environment or the public
780 health is not created by the open burning and state or federal
781 ambient air quality standards are not violated.
782 (f) The use of clean debris as fill material in any area.
783 However, this paragraph does not exempt any person from
784 obtaining any other required permits, and does not affect a
785 person’s responsibility to dispose of clean debris appropriately
786 if it is not to be used as fill material.
787 (g) Compost operations that produce less than 50 cubic
788 yards of compost per year when the compost produced is used on
789 the property where the compost operation is located.
790 (3)(a) All applicable provisions of ss. 403.087 and
791 403.088, relating to permits, apply to the control of solid
792 waste management facilities.
793 (b) A permit, including a general permit, issued to a solid
794 waste management facility that is designed with a leachate
795 control system meeting department requirements shall be issued
796 for a term of 20 years unless the applicant requests a shorter
797 permit term. Notwithstanding the limitations of s.
798 403.087(6)(a), existing permit fees for a qualifying solid waste
799 management facility shall be adjusted to the permit term
800 authorized by this section. This paragraph applies to a
801 qualifying solid waste management facility that applies for an
802 operating or construction permit or renews an existing operating
803 or construction permit on or after October 1, 2012.
804 (c) A permit, including a general permit, but not including
805 a registration, issued to a solid waste management facility that
806 does not have a leachate control system meeting department
807 requirements shall be renewed for a term of 10 years, unless the
808 applicant requests a shorter term, if the following conditions
809 are met:
810 1. The applicant has conducted the regulated activity at
811 the same site for which the renewal is sought for at least 4
812 years and 6 months before the date that the permit application
813 is received by the department; and
814 2. At the time of applying for the renewal permit:
815 a. The applicant is not subject to a notice of violation,
816 consent order, or administrative order issued by the department
817 for violation of an applicable law or rule;
818 b. The department has not notified the applicant that the
819 applicant is required to implement assessment or evaluation
820 monitoring as a result of applicable groundwater standards or
821 criteria being exceeded, or, if applicable, the applicant is
822 completing corrective actions in accordance with applicable
823 department rules; and
824 c. The applicant is in compliance with the applicable
825 financial assurance requirements.
826 (d) The department may adopt rules to administer this
827 subsection; however, the provisions of chapter 120 which require
828 a statement of estimated regulatory cost and legislative
829 ratification do not apply to such rulemaking, and the department
830 is not required to submit the rules to the Environmental
831 Regulation Commission for approval. Notwithstanding the
832 limitations of s. 403.087(6)(a), permit fee caps for solid waste
833 management facilities shall be prorated to reflect the extended
834 permit term authorized by this subsection.
835 Section 19. Subsection (5) is added to section 403.709,
836 Florida Statutes, to read:
837 403.709 Solid Waste Management Trust Fund; use of waste
838 tire fees.—There is created the Solid Waste Management Trust
839 Fund, to be administered by the department.
840 (5) A solid waste landfill closure account is created
841 within the Solid Waste Management Trust Fund to provide funding
842 for the closing and long-term care of solid waste management
843 facilities, if:
844 (a) The facility has or had a department permit to operate;
845 (b) The permittee provided proof of financial assurance for
846 closure in the form of an insurance certificate;
847 (c) The facility has been deemed to be abandoned or has
848 been ordered to close by the department; and
849 (d) Closure will be accomplished in substantial accordance
850 with a closure plan approved by the department.
851
852 The department has a reasonable expectation that the insurance
853 company issuing the closure insurance policy will provide or
854 reimburse most or all of the funds required to complete the
855 closing and long-term care of the facility. If the insurance
856 company reimburses the department for the costs of the closing
857 or long-term care of the facility, the department shall deposit
858 the funds into the solid waste landfill closure account.
859 Section 20. Section 403.7125, Florida Statutes, is amended
860 to read:
861 403.7125 Financial assurance for closure.—
862 (1) Each Every owner or operator of a landfill is jointly
863 and severally liable for the improper operation and closure of
864 the landfill, as provided by law. As used in this section, the
865 term “owner or operator” means any owner of record of any
866 interest in land wherein a landfill is or has been located and
867 any person or corporation that owns a majority interest in any
868 other corporation that is the owner or operator of a landfill.
869 (2) The owner or operator of a landfill owned or operated
870 by a local or state government or the Federal Government shall
871 establish a fee, or a surcharge on existing fees or other
872 appropriate revenue-producing mechanism, to ensure the
873 availability of financial resources for the proper closure of
874 the landfill. However, the disposal of solid waste by persons on
875 their own property, as described in s. 403.707(2), is exempt
876 from this section.
877 (a) The revenue-producing mechanism must produce revenue at
878 a rate sufficient to generate funds to meet state and federal
879 landfill closure requirements.
880 (b) The revenue shall be deposited in an interest-bearing
881 escrow account to be held and administered by the owner or
882 operator. The owner or operator shall file with the department
883 an annual audit of the account. The audit shall be conducted by
884 an independent certified public accountant. Failure to collect
885 or report such revenue, except as allowed in subsection (3), is
886 a noncriminal violation punishable by a fine of not more than
887 $5,000 for each offense. The owner or operator may make
888 expenditures from the account and its accumulated interest only
889 for the purpose of landfill closure and, if such expenditures do
890 not deplete the fund to the detriment of eventual closure, for
891 planning and construction of resource recovery or landfill
892 facilities. Any moneys remaining in the account after paying for
893 proper and complete closure, as determined by the department,
894 shall, if the owner or operator does not operate a landfill, be
895 deposited by the owner or operator into the general fund or the
896 appropriate solid waste fund of the local government of
897 jurisdiction.
898 (c) The revenue generated under this subsection and any
899 accumulated interest thereon may be applied to the payment of,
900 or pledged as security for, the payment of revenue bonds issued
901 in whole or in part for the purpose of complying with state and
902 federal landfill closure requirements. Such application or
903 pledge may be made directly in the proceedings authorizing such
904 bonds or in an agreement with an insurer of bonds to assure such
905 insurer of additional security therefor.
906 (d) The provisions of s. 212.055 which relate to raising of
907 revenues for landfill closure or long-term maintenance do not
908 relieve a landfill owner or operator from the obligations of
909 this section.
910 (e) The owner or operator of any landfill that had
911 established an escrow account in accordance with this section
912 and the conditions of its permit before prior to January 1,
913 2007, may continue to use that escrow account to provide
914 financial assurance for closure of that landfill, even if that
915 landfill is not owned or operated by a local or state government
916 or the Federal Government.
917 (3) An owner or operator of a landfill owned or operated by
918 a local or state government or by the Federal Government may
919 provide financial assurance to the department in lieu of the
920 requirements of subsection (2). An owner or operator of any
921 other landfill, or any other solid waste management facility
922 designated by department rule, shall provide financial assurance
923 to the department for the closure of the facility. Such
924 financial assurance may include surety bonds, certificates of
925 deposit, securities, letters of credit, or other documents
926 showing that the owner or operator has sufficient financial
927 resources to cover, at a minimum, the costs of complying with
928 applicable closure requirements. The owner or operator shall
929 estimate such costs to the satisfaction of the department.
930 (4) This section does not repeal, limit, or abrogate any
931 other law authorizing local governments to fix, levy, or charge
932 rates, fees, or charges for the purpose of complying with state
933 and federal landfill closure requirements.
934 (5) The department shall by rule require that the owner or
935 operator of a solid waste management facility that receives
936 waste on or after October 9, 1993, and that is required by
937 department rule to undertake corrective actions for violations
938 of water quality standards provide financial assurance for the
939 cost of completing such corrective actions. The same financial
940 assurance mechanisms that are available for closure costs shall
941 be available for costs associated with undertaking corrective
942 actions.
943 (6)(5) The department shall adopt rules to implement this
944 section.
945 Section 21. Subsection (12) is added to section 403.814,
946 Florida Statutes, to read:
947 403.814 General permits; delegation.—
948 (12) A general permit shall be granted for the
949 construction, alteration, and maintenance of a surface water
950 management system serving a total project area of up to 10
951 acres. The construction of the system may proceed without any
952 agency action by the department or water management district if:
953 (a) The total project area is less than 10 acres;
954 (b) The total project area involves less than 2 acres of
955 impervious surface;
956 (c) The activities will not impact wetlands or other
957 surface waters;
958 (d) The activities are not conducted in, on, or over
959 wetlands or other surface waters;
960 (e) Drainage facilities will not include pipes having
961 diameters greater than 24 inches, or the hydraulic equivalent,
962 and will not use pumps in any manner;
963 (f) The project is not part of a larger common plan,
964 development, or sale;
965 (g) The project does not cause:
966 1. Adverse water quantity or flooding impacts to receiving
967 water and adjacent lands;
968 2. Adverse impacts to existing surface water storage and
969 conveyance capabilities;
970 3. A violation of state water quality standards; or
971 4. An adverse impact to the maintenance of surface or
972 ground water levels or surface water flows established pursuant
973 to s. 373.042 or a work of the district established pursuant to
974 s. 373.086; and
975 (h) The surface water management system design plans are
976 signed and sealed by a Florida-registered professional who
977 attests that the system will perform and function as proposed
978 and has been designed in accordance with appropriate, generally
979 accepted performance standards and scientific principles.
980 Section 22. Subsection (6) of section 403.853, Florida
981 Statutes, is amended to read:
982 403.853 Drinking water standards.—
983 (6) Upon the request of the owner or operator of a
984 transient noncommunity water system using groundwater as a
985 source of supply and serving religious institutions or
986 businesses, other than restaurants or other public food service
987 establishments or religious institutions with school or day care
988 services, and using groundwater as a source of supply, the
989 department, or a local county health department designated by
990 the department, shall perform a sanitary survey of the facility.
991 Upon receipt of satisfactory survey results according to
992 department criteria, the department shall reduce the
993 requirements of such owner or operator from monitoring and
994 reporting on a quarterly basis to performing these functions on
995 an annual basis. Any revised monitoring and reporting schedule
996 approved by the department under this subsection shall apply
997 until such time as a violation of applicable state or federal
998 primary drinking water standards is determined by the system
999 owner or operator, by the department, or by an agency designated
1000 by the department, after a random or routine sanitary survey.
1001 Certified operators are not required for transient noncommunity
1002 water systems of the type and size covered by this subsection.
1003 Any reports required of such system shall be limited to the
1004 minimum as required by federal law. When not contrary to the
1005 provisions of federal law, the department may, upon request and
1006 by rule, waive additional provisions of state drinking water
1007 regulations for such systems.
1008 Section 23. Paragraph (a) of subsection (3) and subsections
1009 (4), (5), (10), (11), (14), (15), and (18) of section 403.973,
1010 Florida Statutes, are amended to read:
1011 403.973 Expedited permitting; amendments to comprehensive
1012 plans.—
1013 (3)(a) The secretary shall direct the creation of regional
1014 permit action teams for the purpose of expediting review of
1015 permit applications and local comprehensive plan amendments
1016 submitted by:
1017 1. Businesses creating at least 50 jobs or a commercial or
1018 industrial development project that will be occupied by
1019 businesses that would individually or collectively create at
1020 least 50 jobs; or
1021 2. Businesses creating at least 25 jobs if the project is
1022 located in an enterprise zone, or in a county having a
1023 population of fewer than 75,000 or in a county having a
1024 population of fewer than 125,000 which is contiguous to a county
1025 having a population of fewer than 75,000, as determined by the
1026 most recent decennial census, residing in incorporated and
1027 unincorporated areas of the county.
1028 (4) The regional teams shall be established through the
1029 execution of a project-specific memorandum memoranda of
1030 agreement developed and executed by the applicant and the
1031 secretary, with input solicited from the Department of Economic
1032 Opportunity and the respective heads of the Department of
1033 Transportation and its district offices, the Department of
1034 Agriculture and Consumer Services, the Fish and Wildlife
1035 Conservation Commission, appropriate regional planning councils,
1036 appropriate water management districts, and voluntarily
1037 participating municipalities and counties. The memorandum
1038 memoranda of agreement should also accommodate participation in
1039 this expedited process by other local governments and federal
1040 agencies as circumstances warrant.
1041 (5) In order to facilitate local government’s option to
1042 participate in this expedited review process, the secretary
1043 shall, in cooperation with local governments and participating
1044 state agencies, create a standard form memorandum of agreement.
1045 The standard form of the memorandum of agreement shall be used
1046 only if the local government participates in the expedited
1047 review process. In the absence of local government
1048 participation, only the project-specific memorandum of agreement
1049 executed pursuant to subsection (4) applies. A local government
1050 shall hold a duly noticed public workshop to review and explain
1051 to the public the expedited permitting process and the terms and
1052 conditions of the standard form memorandum of agreement.
1053 (10) The memorandum memoranda of agreement may provide for
1054 the waiver or modification of procedural rules prescribing
1055 forms, fees, procedures, or time limits for the review or
1056 processing of permit applications under the jurisdiction of
1057 those agencies that are members of the regional permit action
1058 team party to the memoranda of agreement. Notwithstanding any
1059 other provision of law to the contrary, a memorandum of
1060 agreement must to the extent feasible provide for proceedings
1061 and hearings otherwise held separately by the parties to the
1062 memorandum of agreement to be combined into one proceeding or
1063 held jointly and at one location. Such waivers or modifications
1064 are not authorized shall not be available for permit
1065 applications governed by federally delegated or approved
1066 permitting programs, the requirements of which would prohibit,
1067 or be inconsistent with, such a waiver or modification.
1068 (11) The memorandum standard form for memoranda of
1069 agreement must shall include guidelines to be used in working
1070 with state, regional, and local permitting authorities.
1071 Guidelines may include, but are not limited to, the following:
1072 (a) A central contact point for filing permit applications
1073 and local comprehensive plan amendments and for obtaining
1074 information on permit and local comprehensive plan amendment
1075 requirements.;
1076 (b) Identification of the individual or individuals within
1077 each respective agency who will be responsible for processing
1078 the expedited permit application or local comprehensive plan
1079 amendment for that agency.;
1080 (c) A mandatory preapplication review process to reduce
1081 permitting conflicts by providing guidance to applicants
1082 regarding the permits needed from each agency and governmental
1083 entity, site planning and development, site suitability and
1084 limitations, facility design, and steps the applicant can take
1085 to ensure expeditious permit application and local comprehensive
1086 plan amendment review. As a part of this process, the first
1087 interagency meeting to discuss a project shall be held within 14
1088 days after the secretary’s determination that the project is
1089 eligible for expedited review. Subsequent interagency meetings
1090 may be scheduled to accommodate the needs of participating local
1091 governments that are unable to meet public notice requirements
1092 for executing a memorandum of agreement within this timeframe.
1093 This accommodation may not exceed 45 days from the secretary’s
1094 determination that the project is eligible for expedited
1095 review.;
1096 (d) The preparation of a single coordinated project
1097 description form and checklist and an agreement by state and
1098 regional agencies to reduce the burden on an applicant to
1099 provide duplicate information to multiple agencies.;
1100 (e) Establishment of a process for the adoption and review
1101 of any comprehensive plan amendment needed by any certified
1102 project within 90 days after the submission of an application
1103 for a comprehensive plan amendment. However, the memorandum of
1104 agreement may not prevent affected persons as defined in s.
1105 163.3184 from appealing or participating in this expedited plan
1106 amendment process and any review or appeals of decisions made
1107 under this paragraph.; and
1108 (f) Additional incentives for an applicant who proposes a
1109 project that provides a net ecosystem benefit.
1110 (14)(a) Challenges to state agency action in the expedited
1111 permitting process for projects processed under this section are
1112 subject to the summary hearing provisions of s. 120.574, except
1113 that the administrative law judge’s decision, as provided in s.
1114 120.574(2)(f), shall be in the form of a recommended order and
1115 do not constitute the final action of the state agency. In those
1116 proceedings where the action of only one agency of the state
1117 other than the Department of Environmental Protection is
1118 challenged, the agency of the state shall issue the final order
1119 within 45 working days after receipt of the administrative law
1120 judge’s recommended order, and the recommended order shall
1121 inform the parties of their right to file exceptions or
1122 responses to the recommended order in accordance with the
1123 uniform rules of procedure pursuant to s. 120.54. In those
1124 proceedings where the actions of more than one agency of the
1125 state are challenged, the Governor shall issue the final order
1126 within 45 working days after receipt of the administrative law
1127 judge’s recommended order, and the recommended order shall
1128 inform the parties of their right to file exceptions or
1129 responses to the recommended order in accordance with the
1130 uniform rules of procedure pursuant to s. 120.54. For This
1131 paragraph does not apply to the issuance of department licenses
1132 required under any federally delegated or approved permit
1133 program. In such instances, the department, and not the
1134 Governor, shall enter the final order. The participating
1135 agencies of the state may opt at the preliminary hearing
1136 conference to allow the administrative law judge’s decision to
1137 constitute the final agency action.
1138 (b) Projects identified in paragraph (3)(f) or challenges
1139 to state agency action in the expedited permitting process for
1140 establishment of a state-of-the-art biomedical research
1141 institution and campus in this state by the grantee under s.
1142 288.955 are subject to the same requirements as challenges
1143 brought under paragraph (a), except that, notwithstanding s.
1144 120.574, summary proceedings must be conducted within 30 days
1145 after a party files the motion for summary hearing, regardless
1146 of whether the parties agree to the summary proceeding.
1147 (15) The Department of Economic Opportunity, working with
1148 the agencies providing cooperative assistance and input
1149 regarding the memorandum memoranda of agreement, shall review
1150 sites proposed for the location of facilities that the
1151 Department of Economic Opportunity has certified to be eligible
1152 for the Innovation Incentive Program under s. 288.1089. Within
1153 20 days after the request for the review by the Department of
1154 Economic Opportunity, the agencies shall provide to the
1155 Department of Economic Opportunity a statement as to each site’s
1156 necessary permits under local, state, and federal law and an
1157 identification of significant permitting issues, which if
1158 unresolved, may result in the denial of an agency permit or
1159 approval or any significant delay caused by the permitting
1160 process.
1161 (18) The Department of Economic Opportunity, working with
1162 the Rural Economic Development Initiative and the agencies
1163 participating in the memoranda of agreement, shall provide
1164 technical assistance in preparing permit applications and local
1165 comprehensive plan amendments for counties having a population
1166 of fewer than 75,000 residents, or counties having fewer than
1167 125,000 residents which are contiguous to counties having fewer
1168 than 75,000 residents. Additional assistance may include, but
1169 not be limited to, guidance in land development regulations and
1170 permitting processes, working cooperatively with state,
1171 regional, and local entities to identify areas within these
1172 counties which may be suitable or adaptable for preclearance
1173 review of specified types of land uses and other activities
1174 requiring permits.
1175 Section 24. Subsection (1) of section 526.203, Florida
1176 Statutes, is amended, and subsection (5) is added to that
1177 section, to read:
1178 526.203 Renewable fuel standard.—
1179 (1) DEFINITIONS.—As used in this act:
1180 (a) “Blender,” “importer,” “terminal supplier,” and
1181 “wholesaler” are defined as provided in s. 206.01.
1182 (b) “Blended gasoline” means a mixture of 90 to 91 percent
1183 gasoline and 9 to 10 percent fuel ethanol or other renewable
1184 fuel, by volume, which that meets the specifications as adopted
1185 by the department. The fuel ethanol portion may be derived from
1186 any agricultural source.
1187 (c) “Fuel ethanol” means an anhydrous denatured alcohol
1188 produced by the conversion of carbohydrates that meets the
1189 specifications as adopted by the department.
1190 (d) “Renewable fuel” means a fuel produced from renewable
1191 biomass which is used to replace or reduce the quantity of
1192 fossil fuel present in a transportation fuel.
1193 (e)(d) “Unblended gasoline” means gasoline that has not
1194 been blended with fuel ethanol and that meets the specifications
1195 as adopted by the department.
1196 (5) SALE OF UNBLENDED FUELS.—This section does not prohibit
1197 the sale of unblended fuels for the uses exempted under
1198 subsection (3).
1199 Section 25. This act shall take effect July 1, 2012.
