Title: Isolated Wetlands Legislation, Laws Of Florida
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Permanent Link: http://ufdc.ufl.edu/WL00000630/00001
 Material Information
Title: Isolated Wetlands Legislation, Laws Of Florida
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Isolated Wetlands Legislation, Laws Of Florida, chapter 86-185
General Note: Box 7, Folder 1 ( Vail Conference 1987 - 1987 ), Item 23
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00000630
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

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CAPTER 86-186


CHAPTER 66-186
Committee Substitute for Committee Substitute
for Senate 1ll No. 607
An act relating to environmental protection; amending s.
20.261, F.S., and creating s. 403.8081, F.S.5 creating a
Division of Environmental Operations within the
Department of Environmental Regulation and providing its
duties; providing for review and repeals amending a.
258.39, F.S., relating to the boundaries of aquatic
preserves; adding the submerged lands in Narion County in
such boundaries; including the Rainbow Springs Aquatic
Preserve; amending s. 258.42, r.S.: revising provisions
--l i:JA f i f: et I~ ~tn .l .rwr to...r I utchbll liaiIIr


.286.23, 8. pr rves; create ng s. 373.4 4, .
interest in c Ielanf: repealing certain provisLo
P.S., exempting ,tlns efecti March 1 n
amending s. 403 F.S. providing or pure tax ce
Florida Air and tax deeds relating to the purchase of pro
403.0861, F.S. or purchase under that section; provi
establishing ef conveyance of land from county government
from processor certain acquisition of state lan by qu
providing for c amending s. 253.115, r.S.; authorizing t
cleanup operate real estate listings for the sale of certain
providing for i lands; amending as. 253.53, 253.54, f.S.;
local government opening of bids for oil and gas leases;
provisions re reconveyance to the City of Wildwood of a
installations that the city donated to the state Board of
amending s. 40: of State Institutions in 1965; amending-s.
in the Floric authorizing the Division of Recreation and
403.0876, F.S.; Department of Natural Resources to use
unit in the condemnation to acquire property or proper
processing of parcels surrounded by parks under the juri
fees; providii division; providing a size limitation; spec
amending s. enumerated lands for eminent domain proceed
discharges fror
be deemed la..* .... 1340
extension of such plants shall not u., .....
restraining action; creating s. 403.0891, F.S.; providing
for the assessment of storawater management systems by
the department; providing for reports; creating a.
403.0893, F.S.; authorizing local governments to adopt
stormwater utility fees or create stormwater facility
benefit areas and subareas; amending s. 403.101, r.S.,
relating to certification of water and wastewater
treatment plant- operators; providing an exemption from
certain notice requirements under the Administrative
Procedure Act for certification renewal; amending s.
403.165, r.S.; revising authorized uses of pollution
awards; amending s. 403.1834, r.S.; providing for
issuance of state bonds for stormwater control and
treatment facilities; amending s. 403.1835, r.S.;
revising provisions relating to the authority of the
department to auke loans to local government agencies for
the construction of sewage treatment facilities and the
acquisition of land therefore, the length and interest
rate of such loans, the requirements for participation by
local governments,ethe priority of projects, the handling
of delinquent loans and penalties therefore, and the
funding of the Sewage Treatment Loan Fund; amending s.
403.201, F.S.; prohibiting certain variances from
hazardous waste management requirements; authorizing
imposition of a fee for granting of variances by the
department; amending as. 403.503, 403.504, 403.506,
403.507, 403.508, 403.509, 403.511, 403.513, and 403.516,
F.S.; revising the capacity of facilities exempt.from
certification requirements under the Florida Electrical
Power Plant Siting Acts revising provisions relating to
approval of applications under said acts revising
definitions, procedures, and requirements under said act
to include permits required pursuant to any federally
delegated or approved permit program; amending s.
403.703, r.S.: providing definitions under the Florida
Resource Recovery and Management Acts amending s.
403.704, r.S.; authorizing the department to accept
1341


relating to

rtificates or
perty eligible
ding for the
s; authorizing
itclaim deed;
he use of open
n state-owned
providing for
providing for
parcel of land
Commissioners
256.007, P.S.,
Parks of the
the power of
ty rights of
diction of the
ifying certain
ings; amending


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001 D A 66 A L DR


certain delegation of a federal hazardous waste
management program; amending s. 403.721, F.S.; revising
provisions relating to reports by generators of hazardous
waste and requirements imposed on owners and operators of
hazardous waste facilities; providing for requirements
for solid waste management units and land disposal
facilities and prohibition of certain land disposal and
storage; providing for regulation of hazardous waste
fuel; amending s. 403.722, F.S.I providing for hazardous
waste facility permit conditions; providing additional
criteria for permit revocation, providing requirements
for certain land disposal facilities operating with a
temporary operation permit; providing for termination of
certain temporary permits; providing for continued
temporary permits for certain hazardous waste facilities:
providing time limitation for hazardous waste facility
operation permits; creating s." -- '
for research, development and de
certain facilities; amending s CHAPTER 86-186
F.S.; specifying departmental pc
of hazardous waste and regul provisions relatin
practices of small quantity Waters; providing
403.724, F.S.; providing for Regulation shall h
who provide evidence of finar rules to protect
owners or operators; amenc electric and magne
providing additional hazardous transmission and
amending s. 403.7265, F.S.; pro' providing an appro
hazardous waste grants; amen( of the Florida
specifying additional viola Department of En
hazardous waste;'creating s. 40. establishment of
departmental power with respect amending s. 501.12
as a hazardous waste; amending ; Department of He
duties of the Division of Admii regulate electric
department; amending s. 4' and distribution
provisions relating to activ 403.523, F.S.; del
permitting requirements; revisi of Environmental
for private docks; providing transmission lines
certain stormwater management f that standards
exemption provisions are super Reorganization Act
general permits; amending s. electric and mag
requirements relating to reg transmission and
water systems serving school providing legisla
recreational vehicle or mobi the mouth of the S
403.861, F.S.; revising applica Channel"; amend
and operation of a public wat further protection
s. 403.916, F.S.; revising prove Biscayne Bay and
to local governments Of per further protection
Warren S. Henderson Wetlands Pt bay; modifying t?
opportunity to object thereto; the bay area; amer
which lists impacts to be consi viina ano
granting or denying permits und efficiency Stu y
heading of said section; ame hearings and a
specifying a date for adopti specified state ar
alteration of mangroves; provide submit rerts;
for alteration of mangroves 3o. F..; pr
amending a. 403.932, F.S.; exem the Department of
from permitting requirements lands in the Big (
mangroves under certain circuss s. 258.3925, F.S.
of chapter 84-79, Laws of Bay Aquatic Prese:
existence of the Vegetative Ind inclusion in thi
revising its duties; amending effective dates.


LAWS OF FLORIDA


CRAPTER 86-186


9 to designation of Outstanding Florida
that the Department of Environmental
ave exclusive jurisdiction to adopt
the public health and welfare from
'tic fields associated with electrical
distribution lines and substations:
priation from the Regulatory Trust Fund
SPublic Service Commission to the
vironmental Regulation for funding
electric and magnetic field standards;
2, F.S.; deleting the authority of the
alth and Rehabilitative Services to
and magnetic fields from transmission
lines and substations; amending s.
eting the authority of the Department
Regulation to regulate safety of
; amending s. 403.803, F.S.; providing
under the Florida Environmental
of 1975 include rules pertaining to
netic fields associated with electrical
distribution lines and substations;
tive intent; designating the channel at
iuwannee River as the "Perry C. McGriff
ng s. 258.397, F.S.; providing for
and improvement of water quality in
its major tributaries; providing for
Sand management of resources of the
e dredge and fill permitting process in .0
hiding s. 403.814, F.S., to conform; i
riat ions an Environmren
commission; providing for public
report to the Legislature; requiring
nd regional environmental agency
rovidin an a ro ria i n en ing s.
moving lan acuuisit on procedures of
Transportation may be used in acquiring
presss Preserve and Addition; creating
; describing the boundaries of the Lemon
rve and designating such preserve for
e aquatic preserve system; providing


4


1342 Be It Enacted by the Legislature of the State of Florida:
I
Section 1. Paragraph (d) is added to subsection (2) of section
20.261, Florida Statutes, to read:
20.261 Department of Environmental Regulation.--There is created
a Department of Environmental Regulation.
(2) The following divisions of the Department of Environmental
Regulation are established:
(d) Division of Environmental Operations.
Section 2. Section 403.8081, Florida Statutes, is created to
read:
403.8081 Division of Environmental Operations; powers and
duties.--The Division of Environmental Operations shall perform
duties including, but not limited to, the following:
1343

3.03


LAWS OF FLORIDA CHAPT 86-186


CHAPTER 86-186











CHAPTER 86-186 LAWS OF FLORIDA CHAPTER 86-186

(1) Administration of department programs governing leaking
aboveground or belowground storage tanks.

(2) Remedial, cleanup, and restoration activities related to
contamination of surface or groundwater supplies.

(3) Administration of state and federal financial aid programs to
assist with construction of pollution control facilities.

Section 3. Paragraph (d) of subsection (2) of section 20.261,
Florida Statutes, and section 403.8081. Florida Statutes, as created
by this act, shall be repealed on October 1, 1992, and shall be
reviewed by the Legislature during the 1992 regular legislative
session.

S section Section 373.414, Florida Statutes, is created to read:
37341 Wetlands.--

(1) By March 31, 1987, for those water management districts to
which the department has delegates the responsibility for
administration of its stormwater rule, each district shall adopt a
rule which establishes specific permitting criteria for certain small
isolated wetlands which are not within the jurisdiction of the
department for purposes of regulation of dredging and filling. The
rule shall include:

(a) One or more size thresholds of isolated wetlands below which
impacts on fish and wildlife and their habitats will not be
considered. These thresholds shall be based on biological and
hydrological evidence that shows the fish and wildlife values of such
areas to be minimal;

(b) Criteria for review of fish and wildlife and their habitats
for isolated wetlands larger than the minimum size;

(c) Criteria for the protection of threatened and endangered
species in isolated wetlands regardless of size and land use; and
(d) Provisions for consideration of the cumulative and offsite
impacts of a project or projects.

(2) This section does not affect the authority of the water
management districts to regulate impacts on water quality and water
quantity.

(3) Until a water management district has adopted a rule to
implement the provisions of subsection (1), review of fish and
wildlife impacts in small isolated wetlands shall be limited to:

(a) Wetlands that are 5 acres in size or larger; or

(b) Wetlands that are used by a Federal or State designated
threatened or endangered species; or

(c) Wetlands located within an area of critical state concern
designated pursuant to Ch. 380; or

(d) Wetlands that are less than 5 acres in size having a
cumulative total acreage greater than 30 percent of the total acreage


1344
CHAPTER 86-186 LAWS OF FLORIDA CHAPTER 16-186
proposed for development, within a development project greater than
40 acres in size.
Section 5. The provisions of s. 373.414(3), Florida Statutes,
shall stand repealed effective March 31, 1987.
Section 6. The introductory paragraph of section 258.39, Florida
Statutes, is amended, and subsection (32) is added to said section,
to read:

258.39 Boundaries of preserves.--The submerged lands included
within the boundaries of Nassau, Duval, St. Johns, Flagler, Volusia,
Brevard, Indian River, St. Lucie, Charlotte, Pinellas, Martin, Palm
Beach, Dade, Monroe, Collier, Lee, Citrus, Franklin, Gulf, Bay,
Okaloosa, Marion, Santa Rosa, Hernando, and Escambia Counties, as
....... ............ ..L-----_
'I.R S







C.A T..... .. ...O ...O CHAPTER 86-8..


(5) This section shall take effect July 1, 1986, except that if
appropriations substantially similar to those contained in this
section become law pursuant to House Bill 1282 or similar
legislation, this section shall not take effect and the provisions
thereof shall be null and y-A
Section 62. (1) This section may be cited as the "Environmental
Efficiency Act of 1986."
(2) There is created the Environmental Efficiency Study
Commission consisting of 15 members. The Governor, the President of
the Senate, and the Speaker of the House of Representatives shall
each appoint five members.

(3) Each member shall be entitled to receive per diem and
expenses for travel, as provided in a. 112.061, Florida Statutes,
while carrying out official business of the commission.

(4) The commission shall be staffed by an executive director and
other personnel who shall be appointed by the commission and who
shall be exempt from the provisions of part II of chapter 110,
Florida Statutes, relating to the Career Service System.
(5) The commission shall be assigned, for administrative
purposes, to the Joint Legislative Management Committee. The Joint
Legislative Management Committee and each state agency shall provide
assistance when requested by the commission. Additionally, the
commission is authorized to employ staff and consultants as necessary
to fulfill its responsibilities.

(6) Appointments shall be made as soon as possible after the
effective date of this act and the commission shall continue to exist
until July 31, 1987. A chairperson shall be elected by majority vote
of the other members.

(7) The Environmental Efficiency Study Commission shall:
(a) Hold a minimum of five public hearings in various locations
around the state where public comment and input shall be received
relative to the operation and administration of state environmental
and public health laws and rules.

(b) Submit to the Legislature by February 1, 1987, a report that
clearly identifies duplication in the administration of state
environmental and public health laws and rules, and which makes
specific recommendations that would eliminate the duplication and
promote the efficient enforcement and administration of environmental
and public health laws.

(8) The Department of Environmental Regulation, the Department of
Natural Resources, the Department of Community Affairs, the
Department of Agriculture and Consumer Services, the Department of
Health and Rehabilitative Services, the Florida Game and Fresh Nater
Fish Commission, and each of the water management districts and
regional planning councils shall:

(a) By September 1, 1986, submit a written report to the
Environmental Efficiency Study Commission which identifies the
specific programs, activities, or regulations the agency administers
which duplicate the programs, activities, and regulations of another
state or regional agency. The report shall also address the
1375

CHAPTER 86-186 LAWS OF FLORIDA CHAPTER 86-186

sufficiency of'enforcement programs and point out weaknesses and
needs as well as unnecessary duplications in enforcement practices.
The report shall also contain an identification of any program,
activity, or regulation which is administered by more than one
division, bureau, section, subsection, office, or program office of
such agency.
(b) By December 1, 1986, submit a written report to the
commission making specific recommendations as to how the duplication
can be eliminated.

(9) This section shall take effect upon this act becoming a law.
Section 63. (1) There is appropriated from the General Revenue
Fund to the Department of Environmental Regulation the sum of
$764,652 to be used for 26 positions. Six of these positions are
authorized for the new permit processing unit authorized by s.
403.0876(3), Florida Statutes, as created by this act, and the
remaining positions are authorized to carry out the department's
enforcement responsibilities.

(2) This section shall take effect upon becoming a law.
Section 64. Subsection (10) is added to section 380.055, Florida
Statutes, to read: 3 /--


CHAPTER 86-186


LAWS OF FLORIDA


CHAPTER 86*186

















ruiPTrnri Q&4 12 IAwe 1 fVV ,1'' *i;fff yL 4loi


3. Structures for shore protection, approved navigational aids,
or public utility crossings authorized under subsection (3)(a); and;

4. No structure under this provision or Chapter 253 shall be
prohibited solely because the local government fails to adopt a
marina plan or other policies dealing with the siting of such
structure in their local comprehensive plan.

Section 74. Section 258.3925, Florida Statutes, is created to
read:

258.3925 Lemon Bay Aquatic Preserve.--The following described
area in Charlotte County and Sarasota County is designated by the
Legislature for inclusion in the aquatic preserve system under the
Florida Aquatic Preserve Act of 1975. Such area, to be known as the
Lemon Bay Aquatic Preserve, shall be included in the aquatic preserve
system and shall include the following described property: Those
state-owned sovereignty submerged lands comprising the Lemon Bay
estuarine system bounded on the south by the Boca Grand Bridge, in
Charlotte Cojnty, and on the north by the east line of Section 31,
Township 39 South, Range 19 East, in Sarasota County, and including:
Section 32, Township 39 South, Range 19 East, and Sections 4, 5. 9,
15, 16, 22, 23, 25, 26, 27, 35, and 36, of Township 40 South, Range
19 East, all lying within the defined boundaries of Sarasota County;
and Sections 1, 2, 12, and 13 of Township 41 South, Range 19 East,
and Sections 6, 7, 8, 17, 18, 19, 20, 21, 28, 29, and 33 of Township
41 South, Range 20 East, and Sections 2, 3, 4, 10, 11, 12, 13, 14,
22, and 27 of Township 42 South, Range 20 East, all lying within the
defined boundaries of Charlotte County; including Placida Harbor,
Gaspaiilla Pass, Kettle Harbor, Bocilla Lagoon, Bocilla Pass, Knight
Pass, Stump Pass, Lemon Bay, Buck Creek upstream to County Road 775,
Oyster Creek upstrea- to County Road 775, Ainger (Rock) Creek
upstream to County Road 775, and Godfrey (Godfried, Gottfried) Creek
upstream to County Road 775.

Section 75. Sections 21, 23, 51, 52, 53, 54, 55 and 56 of this
bill shall take effect upon becoming law.

Section 76. Except as otherwise provided herein, this act shall
take effect October 1, 1986.

Approved by the Governor July 1, 1986.

Filed in Office Secretary of State July 1, 1986.


CHAPTER 86-187

Senate Bill No. 762

An act relating to the Department of Law Enforcement;
amending s. 943.04, F.S.; providing that investigators
employed by the department shall be law enforcement
officers and shall be certified: amending s. 943.05,
F.S.: establishing a statewide automated fingerprint
identification system; establishing an implementation
date for uniform reports; amending s. 943.052, F.S.;
requiring rules for disposition reporting; amending s.
943.0525, F.S.; establishing criminal justice information
user agreements; requiring compliance with the rules:

1380


CHAPTER 86-186


LAWS OF FLORIDA


CHAPTER 86-186




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