Title: A bill to be entitled An act relating to environmental control
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Title: A bill to be entitled An act relating to environmental control
Alternate Title: SB 728. A bill to be entitled An act relating to environmental control as the Florida Environmental Permitting and Wetlands Protection Act
Physical Description: 40p.
Language: English
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Spatial Coverage: North America -- United States of America -- Florida
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General Note: Box 3, Folder 3D ( LEGISLATION - BOX 3, FOLDER 3 ), Item 189
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00051569
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text






312-873A-7

State of Florida 1977 S4-: 728


By Senator Spicola--


S 1 A bill to be entitled

2 An act relating to environmental control;

3 amending ss. 403.801, 403.802, Florida

4 Statutes; amending s. 403.803(11), (12),

5 Florida Statutes, and adding a new subsection

6 (13) to said section; amending ss. 403.804(1),

7 403.805, 403.813, Florida Statutes; creating

8 ss. 403.8031, 403.8032, 403.8033, 403.8041,

9 403.8051, 403.814, 403.815, Florida Statutes;

c 10 designating ss. 403.801-403.815, Florida
u0
'1 11 Statutes, as the Florida Environmental
SIV
S12 Permitting and Wetlands Protection Act;

0 13 providing policy and intent; providing
t %_
14 definitions; providing criteria to be met and

15 procedures for obtaining a permit for dredging

S16 or filling in certain waters, submerged lands,

17 and transitional zones of submerged lands;

a 18 providing for permits for sources of air and

19 water pollution; providing for term, renewal,

E 20 revocation and suspension of such permits;
E -
S21 providing powers and duties of the
4.--
22 Environmental Regulation Commission; providing

-8 23 for appeals of decisions of the Department of

24 Environmental Pegulation; providing authority

25 to the secretary of the department to adopt

26 procedural rules and to delegate authority;

27 providing for rule-making by the department

28 relating to permits and applications for

29 permits; providing for setting fees for

30 permits; providing for short-form permits and

31 exceptions from permit requirements for certain

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312-873A-7






1 activities; authorizing the Department of

2 Natural Resources to set fees for state-owned

3 materials removed; providing for enforcement

4 procedures for illegal dredge or fill

5 activities, including requiring an abutting

6 upland landowner to take restoration procedures

7 and, if he does not, authorizing the Department

8 of Environmental Regulation to do so and to

9 place a lien for the costs of restoration on

10 his property; prohibiting the department from

11 granting "after-the-fact" permits except under

12 certain circumstances; authorizing the Board of

13 Trustees of the Internal Improvement Trust Fund

14 to require an abutting landowner to remove

15 illegal fill on sovereignty or state-owned

16 lands and, if he does not, authorizing the

17 board to do so and to place a lien for the

18 costs of removal on his property; authorizing

19 surveys to determine the boundary between state

20 land and the previous abutting upland owner and

21 for liens on such owner's property; requiring

22 coordination of permit activities with the

23 federal government and with other state

24 agencies; creating s. 373.199, Florida

25 Statutes; providing that the department approve

26 water management districts permitting programs;

27 amending s. 253.12(1)-(4), (7), (8), Florida

28 Statutes; providing for the sale, lease, or

29 authorization to use state lands by the Board

30 of Trustees of the Internal Improvement Trust

31 Fund; creating s. 253.1211, Florida Statutes;

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312-873A-7







1 providing procedures and requirements for the

i 2 sale or use of state lands by the board;

3 providing that uncompleted work begun pursuant

4 to a valid permit not be affected; repealing

5 ss. 403.061(18), 403.087, Florida Statutes, and

6 s. 403.088, Florida Statutes, as amended;

7 relating to permits for sources of air or water

8 pollution; repealing ss. 253.123, 253.124,

9 253.1241, 253.125, 253.126, 253.128, 253.1281,

10 Florida Statutes, and s. 253.77, Florida

11 Statutes, as created by chapter 76-245, Laws of

12 Florida; relating to restrictions and

13 procedures which must be followed in deciding

14 upon applications for dredging and filling in

, 15 navigable waters and to the sale or use of

16 state lands; repealing department rule

17 conflicting with this act; providing

18 severability; providing an effective date.

19

20 Be It Enacted by the Legislature of the State of Florida:

21

22 Section 1. Section 403.801, Florida Statutes, is

23 amended to read:

24 403.801 Short title.--This part, ss. 403.801-403.815,

25 ehapter-75-~7-S-aws-of-F~ierida-sha-be-known-and may be

26 cited as the "Florida Environmental Permitting and Wetlands

27 Protection Reorganization Act" ef-4995.0

28 Section 2. Section 403.802, Florida Statutes, is

29 amended to read:

30 403.802 Declaration of policy.--

31

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312-873A-7






1 (1) Reasserting the policy of the Governmental

2 Reorganization Act of 1969, as stated in s. 20.02, that

3 structural reorganization should be a continuing process, and

4 recognizing that 6 years have passed since the 1969

5 reorganization, it is the intent of the Legislature to promote

6 the efficient, effective, and economical operation of certain

7 environmental agencies by centralizing authority over, and

8 pinpointing responsibility for the management of, the

9 environment by authorizing the delegation of substantial

10 decision-making authority to the district level and by

11 consolidating compatible administrative, planning, permitting,

12 enforcement, and operational activities. Further, it is the

13 int-nt of this act to promote proper administration of

14 Florida's landmark environmental laws.

15 (2) It is the policy of the state that the permits

16 required by this part are not for the purpose of prohibiting

17 the reasonable use of the air, waters, or other environmental

18 and natural resources of the state, but are to ensure, to the

19 greatest extent practicable, the protection, conservation, n

20 and, where possible, the enhancement of existing levels of

21 quality and quantity and to prevent waste.

22 (3) It is the policy of the state that, to the maximum

23 extent possible, the procedures utilized for implementing this

24 part shall encourage the drastic minimization of paperwork and

25 interagency decision procedures and the best use of available

26 manpower and funds, so as to prevent needless duplication of

27 permitting and delays at all levels of government.

28 (4) -It is the intent of.the Legislature that the

29 provisions of this part relating to dredging or filling in of
30 submerged lands or the transitional zone of submerged lands

31 constitute the extent of and the limits to the jurisdiction of


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312-873A-7







1 the Department of Environmental Regulation on dredging or

2 filling on such lands and that, in any rule-making by the

3 department, the provisions of this part relating to dredging

4 or filling on such lands shall control.

5 Section 3. Subsections (11) and (12) of section

6 403.803, Florida Statutes, are amended, and subsection (13) is

7 added to said section to read:

8 403.803 Definitions.--When used in this part act the

9 term, phrase, or word:

10 (11) "Swale" means is a manmade depression vegetated

11 with ground cover trench which only contains contiguous areas

12 of standing or flowing water following the occurrence of

13 rainfall or flooding and which is designed to guide and

14 moderate the immediate discharge of storm water runoff.

15 (12) "Standard" means any rule of the Department of

16 Environmental Regulation relating to air and water quality,

17 noise, and resource recovery and solid-waste management. The

18 term-"standardu- des- nt-inetde-r es-of-the-department-which

19 relate-exeitsively-teo-he-internaA-management-of-the

20 department--the-proceedrai-proeessig-ef-app:ieatiens-the

21 administration-of-rieemakinq-er-adjudicatory-proceedings7-the

22 psboieatien-ef-notiees7-the-eendtet-ef-he arngs7-er-other

23 preedtiral-mattersT

24 (13) "Artificial body of water" means a manmade body

25 of water which is not created from natural bodies of water,

26 but which may connect at the surface to a natural body of

27 water. It does not include manmade alterations to a natural

28 body of water.

9 29 Section 4. Section 403.8031, Florida Statutes, is

30 created to read:

31 403.8031 Dredging and filling permits; procedures.--

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312-873A-7







1 (1) For purposes of this part:

2 (a) "Dredging" is the excavation, by any means, of

3 submerged lands or the transitional zones of submerged lands.

4 It also is the excavation, or creation, of a water body which

5 is, or is to be, connected at the surface to any of the waters

6 listed in subsection (3) directly or by means of an excavated

7 water body or series of excavated water bodies.

8 (b) "Filling" is the deposition, by any means, of

9 materials onto submerged lands or the transitional zones of

10 submerged lands.

11 (c) "Submerged lands" are those lands covered by any

12 of the waters listed in subsection (3), including those lands

13 contiguous to said waters where any of the following species,

14 or any combination of such species, constitute the dominant

15 plant community:

16 1. Marine species:

17 a. Batis (Batis maritima).

18 b. Big cordgrass (Spartina cynosuroides).

19 c. Black mangrove (Avicennia germinans) .

20 d. Black rush (Juncus roemerianus).

21 e. Leather fern (Acrostichum aureum).

22 f. Red mangrove (Rhizophora mangle).

23 g. Rubber vine (Rhabdadenia biflora).

24 h. Smooth cordgrass (Spartina alterniflora).

25 i. White mangrove (Laguncularia racemosa).

26 2. Fresh water species:

27 a. Alligator weed (Alternanthera philoxeroides).

28 b. Arrowhead (Sagittaria).

29 c. Arrowroot lily (Thalia geniculata). 9

30 d. Bald cypress (Taxodium distichum).

31 e. Beak rush (Rhynchospora tracyi).

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312-873A-7







S 1 f. Bladder wort (Utricularia vulgaris).

2 g. Blue green algal mats.

3 h. Bullrush (Scripus americanus) (Scripus validus).

4 i. Cattail (Typha latifolia) (Typha angustifolia)

5 (Typha dominqensis).

6 j. Golden club (Orontium aquaticum).

7 k. Leather fern (Acrostichum danaeifolium).

8 1. Maiden cane (Panicum hemitomon).

9 m. Naiad (Najas sp.).

10 n. Ogeeche tupelo (Nyssa oqeche).

11 o. Overcup oak (Quercus lyrata).

12 p. Pickerelweed (Pontederia lanceolata).

13 q. Planer tree (Planera aquatica).

14 r. Pond apple (Annona glabra).

15 s. Pond cypress (Taxodium ascendens).

16 t. Pondweed (Potamoqeton illinoensis).

17 u. Primrose willow (Ludwigia peruviana).

18 v. Pumpkin ash (Fraxinus profunda).

S19 w. River birch (Betula nigra).

20 x. Royal fern (Osmunda reqalis).

21 y. Saw grass (Cladium jamaicensis).

22 z. Spatter dock (Nuphar).

23 aa. Spike rush (Eleocharis cellulosa).

24 bb. Soft rush (Juncus effusus).

25 cc. Swamp lily (Crinum americanum).

26 dd. Swamp tupelo (Nyssa biflora).

27 ee. Titi (Cyrilla spp.).

28 ff. Water ash (Fraxinus caroliniana).

29 qg. Water hickory (Carya aquatica).

30 hh. Water hyssop (Bacopa caroliniana).

31 ii. Water lily (Nymphaea).

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312-873A-7







1 jj. Water shield (Brasenia schreberi).

2 kk. Water tupelo (Nyssa aquatica).

3 11. Water willow (Justicia ovata).

4 mm. Willows (Salix spp.).

5 (d) "Transitional zone of a submerged land" is that

6 area of land between a submerged land and an upland and shall

7 consist of the first 50 feet landward of a line defined by the

8 landward limit of a submerged land, or the waterward quarter

9 of the area between a submerged land and an upland, whichever

10 is greater, and upon which any of the following species, or

11 combination of such species, constitute the dominant plant

12 community:

13 1. Marine species:

14 a. Aster (Aster tenuifolius).

15 b. Beach carpet (Philoxerus vermicularis).

16 c. Button wood (Concarpus erecta).

17 d. Christmas berry (Lycium carolinianum).

18 e. Glasswort (annual) (Salicornia bigelovii).

19 f. Glasswort (perennial) (Salicornia virginica).

20 g. Groundsel (Bacharis halmifolia).

21 h. Key grass (Monanthochloe littoralis).

22 i. Salt grass (Distichlis spicata).

23 j. Sea blite (Suaeda linearis).

24 k. Sea daisy (Borrichia frutescens) (Borrichia

25 arborescens).

26 1. Sea lavender (Limonium carolinianum).

27 m. Sea purslane (Sesuvium portulacastrum).

28 n. Switch grass (Spartina patens).

29 o. Marsh hay cordgrass (Spartina bakeri).

30 2. Freshwater species:

31 a. Button bush (Cephalanthus occidentalis).

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312-873A-7







I b. Dahoon (Ilex cassine).

2 c. Giant reed (Phraqmites communis).

3 d. Red maple (Acer rubrum).

4 e. St. John's wort (Hypericum fasciculatum).

5 f. Switch grass (Panicum virqatum).

6 g. Sweet bay (Magnolia virqiniana).

7 (e) "Uplands" are lands landward of submerged lands

8 upon which the dominant plant community is composed of any

9 plants or combinations of plants, other than those listed

10 under the definitions of "submerged lands" and "transitional

11 zone of a submerged land".

12 (2) Except as provided elsewhere in this chapter, no

13 person shall conduct a dredging or filling activity without a

14 currently valid permit from the department.

* 15 (3) (a) A permit shall be required under this section

16 only for those dredging or filling activities which are to be

17 conducted in, or connected directly at the surface or by

18 excavated water bodies to, any of the following categories of

S 19 waters, their submerged lands, and the transitional zone of

20 the submerged lands:

21 1. Rivers and natural tributaries thereto.

22 2. Streams and natural tributaries thereto.

23 3. Bays, bayous, sounds, estuaries, and natural

24 tributaries thereto.

25 4. Natural lakes of 10 acres or more, except those

26 owned entirely by one person, and except for those that become

27 dry each year and are without standing water.

28 5. The Atlantic Ocean to the seaward limit of the

S29 territorial boundaries of the state.

30 6. The Gulf of Mexico to the seaward limit of the

31 territorial boundaries of the state.

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312-873A-7







1 (b) "Natural tributaries" do not include intermittent

2 natural watercourses which act as tributaries only following

3 the occurrence of rainfall and which normally do not contain

4 contiguous areas of standing water.

5 (c) It is recognized that the natural border of

6 certain water bodies listed in this subsection may be

7 difficult to establish because of seasonal fluctuations in

8 water levels and other characteristics unique to a given

9 terrain. The intent of the plant species indices in the

10 definitions of "submerged lands" and "transitional zone of a

11 submerged land" in subsection (1) is to guide in the

12 establishment of the border between such water bodies and

13 uplands. "Submerged lands" and the "transitional zone of a

14 submerged land" include in the boundaries of the regulated

15 water bodies areas which are customarily submerged and which

16 exchange waters with a recognizable water body. Isolated

17 areas which infrequently exchange water with a water body

18 described in this subsection or provide only insignificant

19 benefit to the water quality of such waters are intended to be

20 defined as uplands and are excluded from the definition of

21 "submerged lands". The plant species indices defining

22 "submerged lands" and "transitional zone of a submerged land"

23 are presumed to accurately delineate said submerged lands and

24 transitional zones.

25 (4) The department shall issue permits for dredging or

26 filling activities after:

27 (a) Consideration of appropriate biological surveys,

28 ecological studies, or hydrographic surveys as required by

29 -department rule, and a determination:

30 1. That no harmful or increased erosion, shoaling of q

31 channels, or polluted areas of water will be created thereby

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1 and that no material injury or monetary damage to adjoining

2 land will accrue therefrom;

3 2. That no harmful obstruction or alteration of the

4 natural flow of the waters of the state will arise from the

5 proposed construction; and

6 3. That such dredging or filling will not

7 significantly affect the conservation of fish, aquatic life,

8 wildlife, or other natural resources and that it will not

9 result in the destruction in neighboring areas of oyster beds,

10 clam beds, aquatic productivity or natural habitats, grass

11 flats being used as nursery or feeding grounds for aquatic

12 life, and aquatic soils seasonally producing plant growth of a

13 type useful as nursery or feeding grounds for aquatic life.

14 (b) A showing that the activity does not interfere

O 15 with the lawful rights granted riparian owners, will not

16 result in a serious impediment to navigation, and will not

17 violate applicable water quality standards.

18 (c) Consideration of the comments of the appropriate

S19 local governing body or the waiver of objection from such

20 governing body or its designated agent.

21 (5) Biological, ecological, or hydrographic surveys

22 and studies shall be conducted by the department or by the

23 applicant in a manner approved by the department. The

24 department shall determine when such surveys or studies are

25 required. Such requirements may be waived or varied according

26 to the type, location, scope, or complexity of the activity

27 for which it is being requested.

28 (6) Within 10 days of receipt of an application to

29 conduct a dredging or filling activity, the department shall
30 provide copies of the application to the governing body of the

31 local government or governments in which the activity is

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312-873A-7







1 located. Such governing body or its designated agent shall

2 submit a written waiver of comments, its comments, or its

3 objections to the proposed activity within 60 days of receipt

4 of a copy of the application from the department. Failure to

5 comment or object within 60 days shall constitute approval by

6 the local governing body. Comments shall include a statement

7 as to whether the application does, or does not, conform to a

8 local comprehensive plan adopted pursuant to chapter 163.

9 Notwithstanding the provision of s. 120.60, if a majority of

10 the local governing board objects to the application by

11 resolution, the department shall take no further action on the

12 application until such time as the applicant secures approval

13 of the activity by resolution of the local governing board.

14 In any county where the Legislature by special law or general

15 law of local application has heretofore transferred or

16 delegated to a county board or agency, other than the board of

17 county commissioners or the governing body of a municipality,

18 powers and duties over dredging permits, fill permits, seawall

19 construction, or any other powers of a like nature, such

20 agency shall have jurisdiction under this section in lieu of

21 the board of county commissioners or the governing body of the

22 municipality.

23 Section 5. Section 403.8032, Florida Statutes, is

24 created to read:

25 403.8032 Air and water pollution permits; issuance.--

26 (1) No stationary installation which will reasonably

27 be expected to be a source of air or water pollution shall be

28 operated, maintained, constructed, expanded, or modified

29 without an appropriate and currently valid permit issued by

30 the department, unless exempted by department rule or by law.

31 Application shall be made on a form prescribed by the

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312-873A-7







1 department and shall contain such information as the

j 2 department may by rule require. In no event shall a permit

3 for a water pollution source be valid for more than 5 years.

4 (2) Any person seeking a construction permit under

5 this section, who also is seeking a permit under s. 403.8031

6 for dredging or filling, directly associated with the

7 construction of the stationary installation may request that

8 the department combine the proceedings. Upon receipt of this

9 request, proceedings shall be combined.

10 (3) The department shall issue permits with such

11 conditions as are necessary to effect the intent and purpose

12 of this chapter.

13 (4) The department shall issue permits to construct,

14 operate, maintain, expand, or modify an installation which may

15 reasonably be expected to be a source of pollution only when

16 it determines that the installation is provided or equipped

17 with pollution control facilities that will abate or prevent

18 pollution to the degree that will comply with the standards or

. 19 rules adopted by the department. If the department finds that

20 a proposed discharge will reduce the quality of receiving

21 waters below the classification established for them, it shall

22 deny the application and refuse to issue a permit. If the

23 department finds that the proposed discharge will not reduce

24 the quality of receiving waters below the classification

25 established for them, it may issue an operating permit if it

26 finds that such degradation as may occur is necessary or

27 desirable under federal standards and under circumstances

28 which are clearly in the public interest. The department is

29 authorized to permit the discharge, into waters of the state,

30 of chemicals approved by the appropriate state agency for the

31 control of aquatic weeds and algae, provided that the


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312-873A-7







1 application of such chemicals is done in accordance with the

2 state standards for such application, state permit

3 requirements, and the label instructions approved by the

4 state. A permit shall:

5 (a) Specify the manner, nature, volume, and frequency

6 of the discharge or emission permitted; and

7 (b) Require proper operation and maintenance of any

8 pollution abatement facility by qualified personnel in

9 accordance with standards established by the department.

10 (5) (a) A person who does not qualify for an operating

11 permit under this section or who has been denied an operating

12 permit may apply to the department for a temporary operating

13 permit. Application shall be made on a form prescribed by the

14 department and shall contain such information as the

15 department may, by rule, require. The department may require

16 submission of additional information reasonably necessary for

17 proper evaluation.

18 (b) The department shall give appropriate reasonable

19 notice to persons who may be affected by the discharge or

20 emission concerning the period during which they may present

21 objections to the proposed issuance of a temporary operating

22 permit.

23 (c) After consideration of the application, any

24 additional information furnished, and all written objections

25 submitted, the department shall grant or deny a temporary

26 operating permit. No temporary operating permit shall be

27 issued unless the department affirmatively finds that:

28 1. The proposed discharge or emission does not qualify

29 for an operating permit; and

30 2. The applicant is constructing, installing, or

31 placing into operation, or has submitted plans and a

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312-873A-7







1 reasonable schedule for placing into operation, an approved

2 pollution control or abatement facility, and the applicant

3 needs permission to pollute the air or waters within the state

4 for a period of time necessary to complete research, planning,

5 construction, installation, or operation of an approved and

6 acceptable pollution abatement facility or alternate waste

7 disposal system; or

8 3. The applicant has a waste for which no feasible and

9 acceptable method of treatment or disposal is known or

10 recognized, but is making a bona fide effort through research

11 and other means to discover such a method, and there is no

12 present, reasonable, alternative means of disposing of the

13 waste other than by discharging or emitting it into the air or

14 waters of the state; or

15 4. The denial of the temporary operating permit would

^ 16 work an extreme hardship upon the applicant; or

17 5. The granting of the temporary operating permit

18 would be in the public interest; or

19 6. The discharge or emission will not be unreasonably

1 20 harmful to the air or waters of the state.

21 (d) A temporary operating permit issued shall:

22 1. Specify the manner, nature, volume, and frequency

23 of the emission or discharge permitted;

24 2. Require the proper operation and maintenance of any

25 interim or temporary pollution abatement facility or system

26 required by the department as a condition of the permit;

27 3. Require the permit holder to maintain such

28 monitoring equipment and make and file such records and

29 reports as the department deems necessary to ensure compliance

30 with the terms of the permit and to evaluate the effects of

31 the discharge upon the air or receiving waters;

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312-873A-7







1 4. Be valid only for the period of time necessary for

2 the permit holder to place into operation the pollution

3 abatement facility, waste disposal system, or method

4 contemplated in his application as determined by the

5 department; and

6 5. Contain other requirements and restrictions which

7 the department deems necessary and desirable to protect the

8 quality of the air and receiving waters and promote the public

9 interest.

10 Section 6. Section 403.8033, Florida Statutes, is

11 created to read:

12 403.8033 Permits; term, renewal, revocation,

13 suspension.--

14 (1) Permits, except temporary operating permits under

15 s. 403.8032(5) and air source permits, issued by the

16 department shall be valid for a period of 5 years.

17 Construction permits issued under ss. 403.8031 and 403.8032

18 shall become effective upon receipt of all other governmental

19 authorizations. The department may revoke the permit if the

20 applicant fails to use due diligence in obtaining such

21 required governmental authorizations. Upon expiration, a

22 permit may be renewed in accordance with this part and the

23 rules of the department.

24 (2) The department may revoke or suspend any permit

25 issued by it if it finds that the permit holder:

26 (a) Has submitted false or inaccurate information in

27 his application or operation reports;

28 (b) Has violated any law or department rule, order, or

29 permit condition;

30 (c) Has failed to submit operation reports or other

31 information required by department rule or permit; or

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312-873A-7







1 (d) Has refused inspection under any law, permit

j 2 condition, or department rule.

3 (3) No revocation or suspension of a permit shall

4 become effective except after notice is served upon the person

5 or persons named therein and a hearing held if requested

6 within the time specified in the notice. The notice shall

7 specify the provision of the law, rule, permit condition, or

8 department order alleged to be violated and the facts alleged

9 to constitute a violation thereof. In the case of a

10 suspension, the department shall specify in the notice any

11 actions the permit holder shall take to obtain reinstatement

12 of the permit.

13 (4) Upon application, an operating permit shall be

14 renewed or may be modified by the department upon a finding

15 that department standards are being met and that no

S16 enforcement proceedings have been initiated against the

17 applicant.

18 Section 7. Subsection (1) of section 403.804, Florida

19 Statutes, is amended to read:

20 403.804 Environmental Regulation Commission; powers

21 and duties.--

22 (1) The commission shall exercise the exclusive

23 standard-setting authority of the department, except as

24 provided in subsection (2) and-ssT-2 eT64-t--(48)- -3 rTg26S

25 and--33?8- 4)-3 The commission shall also act as an appellate

26 adjedieatery body for final actions taken by the department,

27 except for those appeals and decisions authorized in ss.

28 20.261(12) and-253re6.

29 Section 8. Section 403.8041, Florida Statutes, is

4 30 created to read:

31 403.8041 Appeals.--

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312-873A-7







1 (1) The permit application form shall clearly and

2 briefly state the avenue of appeal for various categories of

3 permits issued by the department. In the event a permit is

4 denied, the written statement issued by the department

5 pursuant to s. 403.8051(5) shall clearly state the procedural

6 information relating to the filing of an appeal.

7 (2) If a hearing has been held under s. 120.57(1) to

8 consider the proposed final action of the department on the

9 permit application, the Environmental Regulation Commission

10 shall render its decision within 90 days of the filing of the

11 notice of appeal. If no hearing has been held under s.

12 120.57(1), and the appeal involves a disputed issue of

13 material fact, the applicant or other person appealing the

14 decision of the department shall file a written request for

15 such a hearing, in accordance with applicable administrative

16 procedures, within 15 days of the filing of the notice of

17 appeal. If no request for a hearing is timely made, the

18 appeal shall be dismissed. The 90-day period in which the

19 Environmental Regulation Commission may render its decision

20 shall be tolled until the department takes final action on the

21 recommended order of the hearing officer.

22 Section 9. Section 403.805, Florida Statutes, is

23 amended to read:

24 403.805 Secretary; powers and duties.--In addition to

25 those powers and duties of heads of departments set forth in

26 chapter 20, the secretary shall employ legal counsel to

27 represent the department in matters affecting the department.

28 The secretary also shall have the authority to adopt rules

29 relating exclusively to the internal maracement of the

30 department, the procedural processing of applications, the

31 administration of rule-making or adjudicatory proceedings

18
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312-873A-7







1 before the department, the publication of notices, the conduct

2 of hearings, and other procedural matters. Except for appeals

3 on permits specifically assigned by this part aet to the

4 Environmental Regulation Commission 6everner-and-ea inet, and

5 unless otherwise prohibited by law, the secretary may delegate

6 the authority assigned to the department by this part act to

7 the district managers, the subdistrict managers, and any other

8 person or unit as provided for in s. 20.05(1)(b) or chapter

9 373. --however7 -fer-prejeets-qualifyisng-as-develepments-ef

10 reqienal-tipaet-parsant- -te-chapter-396e-- FSTy-and-ehapter

11 -2F-2;-Flerida-Administrative-eedey-the-seeretary- and-the

12 Talahaassee-fff ie-shafl-perfaerm-atf-the-ddtiies-relati ngq--e

13 the-grantingr-med fieatieny- er-denia-oif-pe rmits-nTder

14 chapters-25--and-497-sject-t-s 6 2t7-5367-and

15 4e-3-wBe9

16 Section 10. Section 403.8051, Florida Statutes, is

17 created to read:

18 403.8051 Procedural rules.--The department shall

19 promulgate reasonable procedural rules to be adopted by the

20 secretary pursuant to chapter 120 governing activities subject

21 to the provisions of this part. Such rules shall:

22 (1) Establish a reasonable procedure for determining

23 the completeness of applications for permits;

24 (2) Establish a reasonable time schedule which shall

25 not exceed 90 days for consideration, review, and disposition

26 of completed permit applications and revised applications in

27 accordance with chapter 120, including appropriate public

28 notice requirements and a process whereby the applicant may

29 waive the time limitations;

30 (3) Establish various categories of permits, to the

31 extent possible, prescribe a consolidated application form,

19

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312-873A-7







1 and set a reasonable schedule of fees, not to exceed $1,000

2 for any one application, which reflects the cost to the

3 department of surveys, studies, and processing for the various

4 categories of permit applications; .

5 (4) Establish the requirements for supporting

6 information which must be filed with applications, including

7 biological, hydrological, hydrographic, water quality, or air

8 quality information. Such requirements may be waived or

9 varied according to the type, location, scope, or complexity

10 of the activity for which the permit is being requested;

11 (5) Ensure that, if a permit is denied, the applicant

12 receives in writing a detailed description of the reasons for

13 denial and general modifications, if any, which may be taken

14 to secure approval;

15 (6) Provide a procedure for the filing and

16 consideration of revised applications for any project which

17 has been modified pursuant to subsection (5) of this section;

18 (7) Establish a procedure whereby any person who is in

19 doubt as to whether a proposed action is an activity which

20 shall be permitted by the department under this part may

21 request from the department a declaratory statement pursuant

22 to s. 120.565; and

23 (8) Provide a procedure and a specified time for

24 receipt of comments on permits from other affected state

25 agencies, including, but not limited to, the Department of

26 Natural Resources, which shall be limited to commenting upon

27 projects conducted on state-owned lands or in marine waters,

28 and the Game and Fresh Water Fish Commission, which shall he

29 limited to commenting upon projects affecting wildlife and

30 fresh-water aquatic life.

31

20
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312-873A-7







1 Section 11. Section 403.813, Florida Statutes, is

S 2 amended to read:

\ 3 403.813 Permits issued at district centers;

4 exceptions.--

5 (1) The department shall seeretaey-is-atithoried-to

6 adopt preeederal rules providing for a short form application

7 for, and issuance within 60 days at the district center of,

8 permits for certain activities. These activities shall

9 include the following and any others established by rule:

10 (a) Projects not exceeding 4,000 cubic yards of

11 material placed in or removed from the navigable waters of the

12 state;

13 (b) Dockage or marina facilities not exceeding 20,000

14 square feet of submerged lands;

15 (c) New seawalls or similar structures not exceeding

^ 16 300 linear feet of shoreline;

17 (d) The installation of buoys, signs, fences, ski

18 ramps, and aids to navigation;

19 (e) The installation of subaqueous transmission and

j 20 distribution lines laid on, or embedded in, the bottoms of

21 waters of the state carrying water, electricity, communication

22 cables, oil and gas, except as exempted in subsection (2) (n);

23 and

24 (f) The construction or widening in or on the waters

25 of the state of footbridqes and two-lane vehicular bridges not

26 spanning more than 500 linear feet of waters of the state and

27 which are supported by pilings or trestles.

S28 _(jjf) The performance, for 10 years from the issuance

29 of the original permit, of maintenance dredging of permitted

S30 navigation channels, port harbors, turning basins, and harbor

31 berths. The Trustees of the Internal Improvement Trust Fund

21
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MMBH-mrni i__________ ^ _, __ __ ^ ^ ^__________________________









312-873A-7







1 may fix and recover from the permitted an amount equal to the

2 difference between the fair market value and the actual cost

3 of the maintenance dredging for material removed during such

4 maintenance dredging. However, no charge shall be exacted by

5 the state for material removed during such maintenance

6 dredging by a public port authority. The removing party may

7 subsequently sell such material. However, proceeds from such

8 sale that exceed the costs of maintenance dredging shall be

9 remitted to the state and deposited in the Land Acquisition

10 Trust Fund.

11 (2) No permit under this chapter, chapter 373, or

12 chapter 253 shall be required when state-owned lands are not

13 being used for activities associated with the following types

14 of projects; however, nothing in this subsection shall relieve

15 an applicant from complying with applicable water quality A

16 standards or with local pollution control programs authorized

17 under this part chapter or other requirements of county and

18 municipal governments:

19 (a) The installation of overhead transmission lines

20 and7-with support structures which are not constructed in

21 waters of the state and which do not create a navigational

22 hazard.

23 (b) The installation of aids to navigation and buoys

24 associated with such aids. An "aid to navigation" is a device

25 marked pursuant to s. 371.521 which is necessary to assist a

26 navigator in determining his position or safe course or to

27 warn him of dangers or obstruction to navigation.

28 (c)Jb. The installation of mooring pilings and

29 dolphins associated with private docking facilities and the

30 installation of private docks of 500 square feet or less of

31 over-water surface area, constructed on pilings so as not to

22
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312-873A-7







1 involve filling or substantially impede the flow or create a

2 navigational hazard.

3 (dL)je The installation of boat ramps which are

4 accessible to the public in waters of the state en-artificial

5 bodies-ef-water where navigational access to the proposed ramp

6 exists and where construction of the proposed ramp will be

7 less than 30 feet wide and will involve the removal of no more

8 than 25 cubic yards of material from the waters of the state;

9 provided, however, that the material removed shall be placed

10 on a self-contained upland site which shall prevent the escape

11 of spoil material into waters of the state. The Department of

12 Natural Resources as administrator for the Trustees of the

13 Internal Improvement Trust Fund, may fix and recover an

14 appropriate fee for state-owned material removed.

15 Jde) d The replacement or repair of existing docks,

16 except that no fill material is to be used and provided that

17 the replacement or repaired dock is in the same location and

18 of the same configuration and dimensions as the dock being

^ 19 replaced or repaired.

20 Iftet T The restoration of seawalls at their previous

21 location or upland of, or within 1 foot waterward of, their

22 previous locations.

23 jgl)f)y The performance for 10 years from the issuance

24 of the original permit granted-prier-to-utty-47- 4957 of

25 maintenance dredging of existing manmade canals;-channel-7 and

26 intake and discharge structures where the spoil material is to

27 be removed and deposited on a self-contained, upland spoil

28 site which will prevent the escape of the spoil material into

29 the waters of the state; provided that -hewever7- no more

30 dredging is to-be performed than is necessary to restore the

31 canal7-channels7 and intake and discharge structures to

23
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MS---------------------------------------------------------








312-873A-7







1 original permitted design specifications. Control devices

2 shall be used to contain turbidity and deleterious substances

3 from discharging into adjacent waters during maintenance

4 dredging. This exemption shall apply only to canals and intake

5 and discharge structures constructed after April 3, 1970

6 pursuant to all necessary state permits. This exception shall

7 not apply to the removal of a natural or manmade barrier

8 separating a canal or a canal system from adjacent waters. The

9 Trustees of the Internal Improvement Trust Fund may fix and

10 recover from the permitted an amount equal to the difference

11 between the fair market value and the actual cost of the

12 maintenance dredging for material removed during such

13 maintenance dredging. However, no charge shall be exacted by

14 the state for material removed during such maintenance

15 dredging by a public port authority. The removing party may

16 subsequently sell such material; however, proceeds from such

'17 sale that exceed the costs of maintenance dredging shall be

18 remitted to the state and deposited in the Land Acquisition

19 Trust Fund.

20 (hJjgl The maintenance of existing dikes and

21 irrigation and drainage ditches, provided that spoil material

22 is deposited on a self-contained, upland spoil site which will

23 prevent the escape of the spoil material into waters of the

24 state; however, no more dredging is performed than is

25 necessary to restore the dike or irrigation or drainage ditch

26 to its original design specifications. After July 1, 1982,

27 this exemption shall apply only to previously permitted dikes,

28 irrigation ditches, and drainage ditches.

29 (i) The repair of existing, open-trestle vehicular

30 bridges of two lanes or less, footbridges, and railroad

31 bridges and trestles not spanning more than 500 feet where no

24
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312-873A-7







1 more activity is undertaken than is necessary to restore the

2 vehicular bridge, footbridge, railroad bridge, or trestle to

3 original design specifications. No debris from the original

4 bridge shall be allowed to remain in the waters of the state.

5 JJil-(h) The maintenance and repair of existing pipes

6 including those used for the purpose of discharging storm

7 water runoff.

8 Ik) jit The construction of individual residential

9 private docks and seawalls in artificial artificially bodies

10 of water ereated-waterways where such construction will not

11 violate existing water quality standards and where such

12 facilities will not; impede navigation- or affect flood

13 control.

14 _l jjy The construction and maintenance of swales.

15 (m) The deposition of up to and including 25 cubic

16 yards of material in the transitional zone of a submerged land

17 except in Class II waters. No person shall be entitled to more

18 than one exemption under this provision every 6 months. If at

19 any time, the department determines that the cumulative effect

20 of successive filling by a person, either under this provision

21 or under some other provision of this part, may have a

22 significant effect on water quality, it may suspend the

23 application of any exemption provision to that person by

24 notifying him in writing.

25 (n) The installation of subaqueous transmission and

26 distribution lines laid on, or embedded in the bottoms of

27 artificial bodies of water, irrigation ditches and drainage

28 ditches; provided that precautions are taken to prevent

29 turbidity from discharging into adjacent waters.
30 (o) The maintenance or repair of subaqueous

31 transmission and distribution lines laid on, or embedded in,

25
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-, .- ----- ;-



312-873A-7 'O







1 the bottoms of waters of the state involving no increase in

2 transmission capability and located in substantially the same

3 location provided that precautions are taken to prevent

4 turbidity from discharging into adjacent waters.

5 (3) No dredge or fill permit under s. 403.8031 shall

6 be required for the following types of projects:

7 (a) Artificial bodies of water not constructed in

8 submerged lands or in a transitional zone of a submerged land

9 when constructed behind control structures, permitted by a

10 water management district created under s. 373.069, which

11 prevent discharge into the waters of the state.

12 (b) Artificial bodies of water for commercial forestry

13 operations of less than 35 square feet in total cross-

14 sectional area which are not constructed in submerged lands,

15 but which may encroach on the transitional zone of a submerged

16 land where a berm exists therein which impedes the flow of

17 water from uplands through such zone onto submerged lands.

18 (c) Activities associated with the following normal

19 farming, silviculture, and ranching practices: plowing,

20 cultivating, seeding, and harvesting for the production of

21 food, fiber, or forest products.

22 Section 12. Section 403.814, Florida Statutes, is

23 created to read:

24 403.814 Enforcement; remedies.--

25 (1) In addition to the provisions for enforcement of

26 violations, and the other remedies set forth in this chapter,

27 the department may, for activities involving dredging and

28 filling, direct the responsible., abutting upland owner to

29 'restore an area to its original condition following any

30 dredging or filling activity conducted in violation of s.

31 403.8031. In the event that the abutting upland owner does

26

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I------------ _---- -- ---- -- --- -







312-873A-7







1 not undertake action ordered by the department, the department

2 may undertake the restoration at its own expense, and the

3 costs thereof shall become a lien upon the property of such

4 abutting upland owner. Nothing herein shall give the

5 department authority to direct an upland owner to restore a

6 dredged area or to adjust, alter, or remove silt, fill, or

7 other solid material which has been dredged, accumulated, or

8 deposited waterward of his property through no action on his

9 part.

10 (2) (a) The department shall not issue, in any case, an

11 "after-the-fact" permit to any applicant authorizing a

12 dredging or filling activity regulated pursuant to this part

13 subsequent to the time it has occurred, unless upon

14 consideration of appropriate studies, the department finds

15 that the exercise of any other remedy or penalty available to

16 it, either as provided by subsection (1), or otherwise by law

17 or rule, would be more damaging to the environment or the

18 natural resources sought to be protected by this chapter than

19 would be the granting of such permit.

20 (b) The granting of an "after-the-fact" permit shall

21 not absolve any applicant from the provisions of s. 403.161.

22 (3) The Board of Trustees of the Internal Improvement

23 Trust Fund shall have the authority to direct the abutting

24 landowner to remove any illegal fill created upon sovereignty

25 or other state-owned lands. In the event that the abutting

26 landowner does not remove such fill as directed, the board may

27 remove it at its own expense, and the costs thereof shall

28 become a lien upon the property of such abutting upland owner.

29 However, the board may, if it chooses, allow the fill to

30 remain as state-owned land and may employ a surveyor to

31 determine the boundary between this state land and that of the

27
CODING: Words in fc theougk type ore deletions from existing law; words underlined ore additions.




F@ -F



312-873A-7







1 previous abutting upland owner. The amount of the cost of

2 such survey shall become a lien upon the property of the

3 previous abutting upland owner. Nothing herein shall be

4 construed to grant the board authority to direct an upland

5 owner to adjust, alter, or remove silt, fill, or other solid

6 material which has accumulated or been deposited seaward of

7 his property through no action on his part.

8 Section 13. Section 403.815, Florida Statutes, is

9 created to read:

10 403.815 Coordination of permitting programs.--

11 (1) To avoid duplication, it is the intent of the

12 Legislature that the environmental permitting program provided

13 in this act shall be coordinated with the permitting programs

14 of the United States Environmental Protection Agency and the

15 United States Army Corps of Engineers and the permitting

16 programs of other state agencies.

17 (2) The department shall undertake to enter into

18 interagency or other agreements with appropriate agencies of

19 the state and federal governments which provide for the

20 delegation to the department of the state and, when authorized

21 under federal law, of the federal permitting programs.

22 (3) State permits issued pursuant to this part shall

23 also constitute the appropriate state certification required

24 under federal law. The department shall waive certification

25 for any activity for which a federal permit is required, but

26 which is exempted from the permit requirements of this

27 chapter.

Section 14. Section 373.199, Florida Statutes, is

29 created to read:

30 373.199 Permit programs; approval required.--

31

28
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312-873A-7







1 (1) Notwithstanding the provisions of s. 373.106, any

2 local or special law, or any other section or part of this

3 chapter to the contrary, no water management district shall

4 administer a permitting program under this chapter without

5 approval of such program by the Department of Environmental

6 Regulation. In considering a program, the department shall

7 identify conflicts with permitting programs administered by

8 the department under chapter 403 and, where feasible, shall

9 eliminate such conflicts.

10 (2) A water management district permitting program,

11 operating under this chapter on October 1, 1977, shall operate

12 as an approved program until such time as all, or any part, of

13 the program is disapproved by the department. Disapproval of

14 one or more elements of a district permitting program shall

15 not affect the balance of the program.

5 J '" Section 15. Subsections (1), (2), (3), (4), (7), and

17 (8) of section 253.12, Florida Statutes, are amended to read:

18 253.12 Title to tidal lands vested in state.--

19 (1) Except submerged lands heretofore conveyed by deed

p 20 or statute, the title to all sovereignty tidal and submerged

21 bottom lands, including all islands, sandbars, shallow banks,

22 and small islands made by the process of dredging any channel

23 by the United States Government and similar or other islands,

24 sandbars, and shallow banks located in the navigable waters,

25 and including all coastal and intracoastal waters of the state

26 and all submerged lands owned by the state by right of its

27 sovereignty in navigable freshwater lakes, rivers and streams,

28 is vested in the Board of Trustees of the Internal Improvement

29 Trust Fund. For-prpoes-of-fixing-bulkhead-lines;

. 3 30 restrietiens-on-fi ng-andandd-dredgng-beyend-bukhead

31 lines;-and-permits-erequired-for-fiiing-and-dreding;-the I

29
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^ ______________________ ____









312-873A-7







1 board-shali-exereise- the-same-atthrity-ever-sttberged-fa nds

2 owned-by-the-state-by-riqght-of-its- svereignty-in-navigable

3 freshwater-iakes-ri vers;-and-streams-as-it-dees-ever

4 sutmerged-ands-etherwise-defined- i n-this -subseetion

5 Submerged- ands-owned-by-the-atiate-by-right-of- its-severeignty

6 in- naviqable- meandered-freshwater-slaket-shali-be-administered

7 in-aceerdance-wi th-tehe-privisiens-of-sT-2593-4547-and-the

8 provisions-of-sr-253 45 -shall-be-entroei-ine-when-in-e con fl ict

9 with-ether-statttery- provisions

10 (2)(a) The Board of Trustees of the Internal

11 Improvement Trust Fund may sell and convey such islands and

12 submerged lands if determined by the board to be in the public

13 interest, upon such prices, terms, and conditions as it sees

14 fit. The board may lease or allow the use of such islands or

15 submerged lands upon such terms and conditions as the board

16 determines and if determined by the board that such use or

17 lease is not contrary to the public interest. Neither the sale

18 nor the authorization for the use or lease of such lands by

19 the board shall vest any person with the right to dredge or

20 fill such lands without an appropriate valid permit issued

21 pursuant to chapter 403. Mowevert-prior-to-eonsummatir.-any

22 saeh-sake7-the- beard- s3ai-determine-t-what-extent-the-saie

23 of-sseh-islands-er-stbmerged- ands-and-their-ewnership-by

24 private-persons-or-the-eenveyanee-eof- suh-islands- e-sbmerged

25 lands-te-politi~ea-subdivisiens-er-publie-agencies-woud

26 interfere-with-the-eenservation-ef-fi9sh7-arine-and-ether

27 wilditfeT-er-oether-naturai-resourcesy-i nclu ding-b eaches-and

28 shores-and-wod-rese-in-dest tin-e-oyster-bedsT-c am

29 'beds7-er-marine-predeetivity7 -inei~dingq- butt-not--imited- to-

30 destruetion-of-marine-habitats--qrass-flats-stitable-as

31 nursery-or-feedinqg-grnds- for-marine- ife7-and-estabi wished

30
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312-873A-7







1 marinc-sois-su table-fer-preducing-plant -growth-ef-a-type

2 tsefei -as-nureery-or--feedinq- qrfnds-for-marine-iife7-and-if

3 so7-in-what-respeet- and-t-what-extent7-and-it-shea1-eons ider

4 any-ether-f aetoras-affecti-tn he-pubiie-interetstr

5 jb)--in-addition-te-the-requirements-in-paragraph--ay

6 the-beard-shali-nt-e-ser-er-eenvey-any-interest-in-sseh

7 islands-and-subtmered-iands-to-any-applicant-whe-does-net;-at

8 the-tie-of-makinq-appiieation-f r-purchase-or-eenveyance7

9 aise-have-befre-the-beard:

10 rT--An-appiea-tn-fer-the-estabiishmente-of-a-b1khead

11 ine-in-the-eventc-ne-blkhead-ine-is-established-for-the

12 lands-subjeet--te-the--appiicatien-y-and

13 2T --An-applitetin-for-apprevai-ef-a- fi-permit- sstied

14 in-aeeordance-with-the-proviasion-of-this-chapter--and

15 9T-A-permit-er-appieation-for-a-permit-toe-dredge-fil

k 16 materia--from-benea-th-the-navigae-waters-ef-the-state;-in

17 aeecrdanee-with- the-prwisions-e-this-chapter;- in-the-event

18 the-applicant-intends-t -secure-such-f3l-materiaT-i-Hfwever7

19 such-islands-er- sbmered-lands-may-be-soid-or-eenveyed-teo-an

Ap 20 applicant-whe-dees-neot-have-sch-an-ap pieion-for-a-perm-it

21 te-dredge-er-fii-iands-befre-the-beard7-ipon-the-eendition

22 that-the-sae- er- conveyance-to-such- an-appiieant- sha-eentain

23 a-restrietive-eovenant-prehibitinq-dredging-, -except-for

24 naviqatian-pttrposesa-or-fiing-ef-sch-iss lnds-or- ubmer ed

25 andrs-The-board-shaT-reserve-the-auetherity-te-w-eive-sideih

26 restrietive-covenant-when-seeh-waiver-is-in-the-pubiie

27 interest-prstant-to-see-t-erms-and-nditons-as-the-beard

28 may-impoase

29 (3) After receiving application for sale or lease in

6 30 compliance with such procedures as required by s. 253.1211,

31 forms-as-may-be- requtired-te-sahw-elearly-what-is-intended-to

31

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r-- --------------------------------P




312-873A-7







1 be-aeeoempiished-i n-any-proposed-development--ef-said-Iands-and

2 the-manner-in-whieh-saed-development-wi l-be-aceempiished7 and

3 after making the determination required by subsection (2)a)y,

4 the board shall give notice by publication in a newspaper

5 published in the county in which such islands or submerged

6 lands are located, not less than once a week for 3 consecutive

7 weeks and mail copies of such notice by certified or

8 registered mail to each riparian owner of upland lying within

9 1,000 feet of the island or submerged land proposed to be

10 conveyed, addressed to such owner as his name and address

11 appear upon the latest county tax assessment roll, in order

12 that any persons who have objections to the sale, lease, or

13 conveyance may have the opportunity to present the same. If no

14 objections are filed within 30 days after the date of first

15 publication of the aforesaid notice, the board has authority

16 to consummate such sale, lease, or conveyance except as

17 hereinafter provided. However, failure to mail the notice

18 herein provided to such riparian upland owners shall not

19 invalidate such sale, lease, or conveyance or the title or

20 interest conveyed by the board pursuant thereto.

21 (4) (a If objections are filed, the board or its

22 designee shall hear and consider the same at a public hearing,

23 and when determined by the board said hearing may be held at

24 the county seat from whence the application to-purchase has

25 been received. The-reper-required-by-subsectie- -shall-e

26 read-inteo-the-reerd- and-duly-cesi dered- at-any- such-eptubiie

27 hearing- If the board determines it-appears that the sale or

28 lease of such islands and submerged lands and their ownership

29 or use by private persons or the conveyance of such islands or

30 submerged lands to political subdivisions or public agencies

31

32
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312-873A-7







1 would be in the public interest, the board may sell or lease

2 such lands.t

3 af)-- Be-eentrary- teo-the- ptbi e-i terest-

4 b--Interfece-wit-h-the-lawfl-rights-granted-ripar ian

5 owners-;

6 (et-- Be7-r-resuit-in7-a-serious-impedimen+-to

7 navigation

8 (d)---Interfere-with-the-eenservaetien-ef-sish7-martne7

9 and-wiA diife- r- ether-naetral-r strees- inedindg- eaehes-aid

10 shoresy-to- such-an-extent-as-to-be-eentrary-te-e-th-pblie

11 interest

12 ey)--Resuit-in-tihe-destretion-ef-eystefr-beds7y-e1am

13 beds7-er-marine-predaetivit;-inetididng7-but-net-iimited-te;

14 destrtetion-ef-na-tra-ifarIte-habittS-e rrass-flats-stitable

15 as-nursery-er-feedinqg- -rerds-f r-marne- if e-and-estabi-shed

16 marine-seils-sitabe-er-prdeinq-plant-growh-ef-a-ty

17 tsieftl-as-nursery-er-feeding-greunds-fer-marine-life-to-stch

18 an-extent-es-o- be-eentrary-to-the-p bie-inerest



20
20 The-beoard-shal-withdraw-the-said-la nds- fro-saler -Pri er-te

21 making-the-determinatieons-abve-frequired;-tehe- oard- may

22 eonsider-any-ether-faectrs-afecting- the-pblie-icnterestT

23 (b) Anything in this section to the contrary

24 notwithstanding, lands defined herein lying between the

25 ordinary mean high waterline and any bulkhead line established

26 hereunder shall be sold only to the upland riparian owner and

27 to no other person, firm or corporation; and such sale to said

28 upland riparian owner shall be made pursuant to the provisions

29 herein.

30 (-)-)--in-order-to-sasist-t-in-making-the

31 determination-rtequred-by-sabsfecion-tiaT7-tehe-eoard-shea

33
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312-873A-7







1 reqtire-that-a-booieqeal-strvey-and-an-eceoigieai-stsdy- ef

2 the-iands-or-nteres-ts-thereien-proposed-te- be-sa+d-er- conveyed

3 pursuant-t--any-pareticultar- appication-be-madet-andT-when

4 determined-by-the-Bepartment-of-Natural-Reseorees-te-be

5 necesesary--that-a-hyd roraphie-survey-be-madeT-Ai-s tch

6 sutrveys-and-sttdies-shall-be-made-by-or-under-the-direecten-of

7 the-Bepartmrent-ef-Nattra-ReseureesT-whle-she -make-a-report

8 of-all-stieh-surveys-and-studies-to- the-beoard- teqether-with-its

9 reeommendatiomn--The- oard-may-adopt-regt atiens-requirinq

10 that-the-eest-of- maki ng-any-sueh- survey-and-report-be-paid-cy

11 the-applifant-for-ptrchase-of-sueh- and-reqri--dep

12 by-the-applieant- suffieient-to-insere-sueh-paymenti-and

13 previding-proeedires- t-be-feoowed-in-appiyTing-f or-and

14 obtaining-~seh-survey-and-reporT

15 by)---f-in-aeeordanee -with-the-previsi~ns-ef

16 subseetion--2) t bt--the-sarveys-and-study-required-by-paragraph

17 -(a-above-have-aiready-been'-made-the-provisiens-ef-this

18 seetion-shai&-not-operatee-to-require-an-app-icant-to-payf- for

19 any-additional-surveys-or-studies-within--yeanrs-prior-to-the

20 issuance-ef-such-permitT

21 I7)lf8 All conveyances of and permission to lease

22 sovereignty lands or fill material therein heretofore made by

23 the Board of Trustees of the Internal Improvement Trust Fund

24 of Florida subsequent to the enactment of chapter 6451, Acts

25 of 1913, chapter 7304, Acts of 1917 and chapter 57-362, as

26 amended, are hereby ratified, confirmed and validated in all

27 respects.

28 Section 16. Section 253.1211, Florida Statutes, is

29 created to read:

30 253.1211 Requirements for sale or use of state land;

31 review procedures.--

34
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312-873A-7







1 (1) The following procedures and requirements shall

2 apply to any sale, transfer, disposition, or other use of

3 lands, the title to which, or management of, is vested in the

4 Board of Trustees of the Internal Improvement Trust Fund.

5 (2) At the time of making application for sale,

6 transfer, or other disposition or use of lands owned or

7 managed by the board, the applicant shall file an application

8 with the board.

9 (3) The board shall adopt as rules, forms and

10 application procedures for the sale, transfer, or other

11 disposition or use of such lands, including a schedule of

12 reasonable fees to be charged for the use of such lands. Such

13 forms and procedures shall include:

14 (a) A description of the lands which are the subject

15 of the application;

16 (b) A description of the proposed development or use

17 of said lands, the manner in which the development or use will

18 be accomplished, and a report describing how such sale or use

19 will be in the public interest;

20 (c) Any other information which the board determines

21 is necessary for its determination in accordance with s.

22 253.12 including, but not limited to, a description of the

23 ownership and uses of immediately adjacent property;

24 (d) A copy of any application the applicant has filed

25 for activities regulated by s. 403.8031; and

26 (e) A reasonable processing fee established by the

27 board.

28 (4) When an applicant intends to perform activities

29 for which a permit would be required from the Department of

30 Environmental Regulation under chapter 403, the board shall

31 make any sale or conveyance or grant of use of such lands

35
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312-873A-7







1 subject to the applicant's obtaining the necessary

2 authorization from the Department of Environmental Regulation.

3 (5) This section shall not affect any actions taken by

4 the board or the Department of Environmental Regulation prior

5 to the effective date of this section.

6 Section 17. Nothing contained in this act shall

7 supersede the provisions of the Florida Electrical Power Plant

8 Siting Act, ss. 403.501-403.517, Florida Statutes, and the

9 exemptions provided in s. 403.813(2), Florida Statutes, shall

10 not apply to lands governed by the provisions of chapter 258,

11 Florida Statutes.

12 Section 18. Nothing in this act shall affect the

13 status of uncompleted work commenced prior to the effective

14 date of this act pursuant to a permit issued by the Department

15 of Environmental Regulation. Persons with permit applications

16 pending upon the effective date of this act under prior

17 procedures of the Department of Environmental Regulation may

18 elect to utilize prior procedures of the department or may

19 utilize the procedures specified in this act. The department

20 shall notify such persons immediately upon the effective date

21 of this act, and such election shall be made within 15 days of

22 receipt of the notification by the department.

23 Section 19. (1) Subsection (18) of section 403.061

24 and section 403.087, Florida Statutes, and section 403.088,

25 Florida Statutes, as amended by chapter 76-112, Laws of

26 Florida, are hereby repealed.

27 (2) Sections 253.123, 253.124, 253.1241, 253.125,

28 253.126, 253.128, 253.1281, Florida Statutes, and section

29 253.77, Florida Statutes, as created by chapter 76-245, Laws

30 of Florida, are hereby repealed.

31

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312-873A-7







1 Section 20. Any rule of the Department of

2 Environmental Regulation conflicting with the provisions of

3 this act is repealed when this act takes effect.

4 Section 21. If any provision of this act or the

5 application thereof to any person or circumstance is held

6 invalid, the invalidity shall not affect other provisions or

7 applications of the act which can be given effect without the

8 invalid provision or application, and to this end the

9 provisions of this act are declared severable.

10 Section 22. This act shall take effect October 1,

11 1977.

12

13 *****************************************

14 SENATE SUMMARY

15 Designates ss. 403.801-403.815, F.S., formerly cited as
,lo the "Florida Environmental Reorganization Act of 1975",
16 as the "Florida Environmental Permitting and Wetlands
Protection Act".
17
Prohibits any person from conducting a dredging or
18 filling activity without a currently valid permit from
the Department of Environmental Regulation, unless
19 provided otherwise in this part. Requires a permit for
dredging or filling activities conducted in, or connected
20 directly at the surface or by excavated water bodies to
certain categories of waters, specified within this act,
21 their submerged lands, and the transitional zone of
submerged lands, defined primarily by the particular
22 marine or fresh-water specie or species (specified in
act) which constitute a dominant plant community.
23 Establishes the factors the department is to take into
consideration prior to issuing such a permit. Requires
24 biological, ecological, or hydrographic surveys and
studies to be conducted either by the department or the
25 permit applicant when the department determines that
these surveys or studies are necessary.
26
Prohibits the operation, maintenance, construction,
27 expansion, or modification of any stationary
installation, reasonably expected to be a source of air
28 or water pollution, without a currently valid permit
issued by the department, unless exempted by law or
29 department rule. Establishes procedures relating to the
application for, combination of dredging, or fill and
30 construction permit proceedings, and issuance or denial
of air or water pollution permits. Requires the
31 department to issue these permits only when it determines

37
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312-873A-7







1 that the installation is provided or equipped with
pollution control facilities that will abate or prevent
2 pollution to the degree that will comply with department
rules or standards. Authorizes, under appropriate
3 circumstances, the discharge of chemicals for the control
of aquatic weeds and algae. Provides for the application
4 for, giving of notice by the department to persons
affected by the discharge or emission that will be
5 permitted under, and issuance or denial of a temporary
operating permit when an operating permit has been
6 denied.

7 Establishes that permits, issued by the department,
except temporary operating permits and air source
8 permits, shall be valid for 5 years. Provides procedures
for the revocation, suspension, or renewal of a permit.
9 Specifies the grounds upon which the department may
revoke or suspend any permit issued by it.
10
Requires the Environmental Regulation Commission to act
11 as an appellate body for final actions taken by the
department, except for those appeals and decisions
12 authorized in s. 20.261(12), F.S. Requires a permit
application form to specify the avenue of appeal for
13 various categories of permits issued by the department.

14 Authorizes the secretary of the department to adopt rules
relating to the internal management of the department,
15 procedural processing of applications, administration of
rule-making or adjudicatory proceedings before the
16 department, publication of notices, conduct of hearings,
and other procedural matters. Broadens the class of
17 persons or units to whom the secretary may delegate
authority assigned to the department under this act.
18
Requires the department to promulgate reasonable
19 procedural rules to be adopted by the secretary pursuant
to the Administrative Procedure Act governing activities
20 subject to this act. Specifies what these rules are to
accomplish.
21
Requires the department to adopt rules providing for a
22 short-form application for, and issuance within 60 days
at the district center of, permits for particular
23 activities specified within s. 403.813, F.S. Provides
that no permit under chapter 403, 373, or 253, F.S. is
24 required when state-owned lands are not being used for
activities associated with the types of projects
25 specified within this act. Exempts certain types of
artificial bodies of water and certain activities
26 associated with farming, silviculture, and ranching
practices from the permit requirement for dredging or
27 filling activities.

28 Authorizes the department to direct the responsible,
abutting upland owner to restore an area after an illegal
29 dredging or filling activity. If he does not, the
department may do so and the cost of restoration becomes
30 a lien on his property. Prohibits the department from
issuing an "after-the-fact" permit authorizing dredgina
31 or filling activity after it has already occurred, unless

38

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312-873A-7






1 the department finds that other remedies or penalties
Wo' would be more damaging to the environmental or natural
2 resources sought to be protected. Grants the Board of
Trustees of the Internal Improvement Trust Fund the
3 authority to direct the abutting landowner to remove any
illegal fill created upon sovereignty or other state-
4 owned lands. If he does not, the board may do so and the
cost becomes a lien on his property. Similarly, the
5 board may order a survey to determine the boundary
between state land and the previous abutting upland
6 owner, the cost of which becomes a lien on his property.

7 Requires the environmental permitting program to be
coordinated with the permitting programs of federal,
8 specifically, the United States Environmental Protection
Agency, and the United States Army Corps of Engineers,
9 and other state agencies. Requires the department to
enter into interagency, or other agreements with
10 appropriate state or federal agencies which provide for
the delegation of its permitting programs to the
11 department.

12 Prohibits any water management district under chapter
373, F.S., from administering a permitting program
13 without the approval of the program by the Department of
Environmental Regulation. Authorizes any water
14 management district permitting program operating on
October 1, 1977 to operate as an approved program until
15 the department disapproves all, or any part, of the
program.
16
Permits the Board of Trustees of the Internal Improvement
17 Trust Fund to lease or authorize the use of islands or
submerged lands, described in s. 253.12(1), F.S., upon
18 terms and conditions determined by the board, provided
that the board has also determined that such use or lease
S19 is not contrary to the public interest. Prohibits the
sale, use, or lease of these lands by the board from
20 vesting in any person the right to dredge or fill on
these lands without a valid permit. Includes the term
21 "lease" in the provisions specifying procedures which
apply to a sale, lease, or conveyance of these lands by
22 the board. Permits the board to sell or lease these
lands if determined to be in the public interest.
23
Establishes procedures and requirements that shall be
24 applied to any sale, transfer, disposition, or other use
of lands owned or managed by the board. Requires the
25 board to adopt rules, forms and application forms for the
sale or any other type of disposition of these lands and
26 a schedule of reasonable fees to be charged for the use
of these lands.
27
Provides that nothing contained in this act supersedes
28 the provisions of the Florida Electrical Power Plant
Siting Act, and that the exemptions appearing in s.
29 403.813(2), F.S., do not apply to lands covered by
chapter 258, F.S., referring to state parks and
30 preserves.
31

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_______J









312-873A-7







1 Repeals ss. 403.061(18), 403.087, and 403.088, F.S.,
relating to permits for air or water pollution sources.
2 Repeals ss. 253.123, 253.124, 253.1241, 253.125, 253.126,
253.128, 253.1281, and 253.77, F.S., relating to the
3 restrictions and procedures to be followed in deciding
upon applications for dredging or filling in navigable
4 waters and to the sale or use of state lands.

5 The act does not affect the status of uncompleted work
commenced prior to October 1, 1977 pursuant to a permit
6 issued by the department.

7

8

9

10

11

12

13

14

15

16

17

18

19

















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20

21

22

23

24

25

26

27

28



30

31

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