September 26, 2020
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HB 0989CS

CHAMBER ACTION




1The Committee on Natural Resources recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to environmental protection; amending s.
7403.813, F.S.; providing for applicability of a road and
8bridge project permit exemption to the Suwannee River
9Water Management District; requiring the Department of
10Environmental Protection to adopt a general permit that
11shall be applicable to qualified projects reviewed by the
12department or applicable water management district;
13providing for the repeal of this paragraph upon adoption
14of the general permit; deleting an obsolete provision
15relating to a report; providing an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Paragraph (t) of subsection (2) of section
20403.813, Florida Statutes, is amended to read:
21     403.813  Permits issued at district centers; exceptions.--
22     (2)  A permit is not required under this chapter, chapter
23373, chapter 61-691, Laws of Florida, or chapter 25214 or
24chapter 25270, 1949, Laws of Florida, for activities associated
25with the following types of projects; however, except as
26otherwise provided in this subsection, nothing in this
27subsection relieves an applicant from any requirement to obtain
28permission to use or occupy lands owned by the Board of Trustees
29of the Internal Improvement Trust Fund or any water management
30district in its governmental or proprietary capacity or from
31complying with applicable local pollution control programs
32authorized under this chapter or other requirements of county
33and municipal governments:
34     (t)  The repair, stabilization, or paving of existing
35county maintained roads and the repair or replacement of bridges
36that are part of the roadway, within the Northwest Florida Water
37Management District and the Suwannee River Water Management
38District, provided:
39     1.  The road and associated bridge were in existence and in
40use as a public road or bridge, and were maintained by the
41county as a public road or bridge on or before January 1, 2002;
42     2.  The construction activity does not realign the road or
43expand the number of existing traffic lanes of the existing
44road; however, the work may include the provision of safety
45shoulders, clearance of vegetation, and other work reasonably
46necessary to repair, stabilize, pave, or repave the road,
47provided that the work is constructed by generally accepted
48engineering standards;
49     3.  The construction activity does not expand the existing
50width of an existing vehicular bridge in excess of that
51reasonably necessary to properly connect the bridge with the
52road being repaired, stabilized, paved, or repaved to safely
53accommodate the traffic expected on the road, which may include
54expanding the width of the bridge to match the existing
55connected road. However, no debris from the original bridge
56shall be allowed to remain in waters of the state, including
57wetlands;
58     4.  Best management practices for erosion control shall be
59employed as necessary to prevent water quality violations;
60     5.  Roadside swales or other effective means of stormwater
61treatment must be incorporated as part of the project; and
62     6.  No more dredging or filling of wetlands or water of the
63state is performed than that which is reasonably necessary to
64repair, stabilize, pave, or repave the road or to repair or
65replace the bridge, in accordance with generally accepted
66engineering standards; and
67     7.  Notice of intent to use the exemption is provided to
68the department, if the work is to be performed within the
69Northwest Florida Water Management District, or to the Suwannee
70River Water Management District, if the work is to be performed
71within the Suwannee River Water Management District, 30 days
72prior to performing any work under the exemption.
73
74Within 30 days after this act becomes a law, the department
75shall initiate rulemaking to adopt a no fee general permit for
76the repair, stabilization, or paving of existing roads that are
77maintained by the county and the repair or replacement of
78bridges that are part of the roadway where such activities do
79not cause significant adverse impacts to occur individually or
80cumulatively. The general permit shall apply statewide and, with
81no additional rulemaking required, apply to qualified projects
82reviewed by the Suwannee River Water Management District, the
83St. Johns River Water Management District, the Southwest Florida
84Water Management District, and the South Florida Water
85Management District under the division of responsibilities
86contained in the operating agreements applicable to part IV of
87chapter 373. Upon adoption, this general permit shall, pursuant
88to the provisions of subsection (3), supersede and replace the
89exemption in this paragraph. The department shall submit a
90report to the Governor and the Legislature by March 1, 2004, to
91evaluate the effects of this exemption and make recommendations
92for the exemption to apply statewide.
93     Section 2.  This act shall take effect upon becoming a law.


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