September 26, 2020
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HB 0989

1
2
A bill to be entitled
3An act relating to environmental protection; amending s.
4403.813, F.S.; providing for applicability of a road and
5bridge project permit exemption to the Suwannee River
6Water Management District; requiring the Department of
7Environmental Protection to adopt a general permit that
8shall be applicable to qualified projects reviewed by the
9department or applicable water management district;
10providing for the repeal of this paragraph upon adoption
11of the general permit; deleting an obsolete provision
12relating to a report; providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Paragraph (t) of subsection (2) of section
17403.813, Florida Statutes, is amended to read:
18     403.813  Permits issued at district centers; exceptions.--
19     (2)  A permit is not required under this chapter, chapter
20373, chapter 61-691, Laws of Florida, or chapter 25214 or
21chapter 25270, 1949, Laws of Florida, for activities associated
22with the following types of projects; however, except as
23otherwise provided in this subsection, nothing in this
24subsection relieves an applicant from any requirement to obtain
25permission to use or occupy lands owned by the Board of Trustees
26of the Internal Improvement Trust Fund or any water management
27district in its governmental or proprietary capacity or from
28complying with applicable local pollution control programs
29authorized under this chapter or other requirements of county
30and municipal governments:
31     (t)  The repair, stabilization, or paving of existing
32county maintained roads and the repair or replacement of bridges
33that are part of the roadway, within the Northwest Florida Water
34Management District and the Suwannee River Water Management
35District, provided:
36     1.  The road and associated bridge were in existence and in
37use as a public road or bridge, and were maintained by the
38county as a public road or bridge on or before January 1, 2002;
39     2.  The construction activity does not realign the road or
40expand the number of existing traffic lanes of the existing
41road; however, the work may include the provision of safety
42shoulders, clearance of vegetation, and other work reasonably
43necessary to repair, stabilize, pave, or repave the road,
44provided that the work is constructed by generally accepted
45engineering standards;
46     3.  The construction activity does not expand the existing
47width of an existing vehicular bridge in excess of that
48reasonably necessary to properly connect the bridge with the
49road being repaired, stabilized, paved, or repaved to safely
50accommodate the traffic expected on the road, which may include
51expanding the width of the bridge to match the existing
52connected road. However, no debris from the original bridge
53shall be allowed to remain in waters of the state, including
54wetlands;
55     4.  Best management practices for erosion control shall be
56employed as necessary to prevent water quality violations;
57     5.  Roadside swales or other effective means of stormwater
58treatment must be incorporated as part of the project; and
59     6.  No more dredging or filling of wetlands or water of the
60state is performed than that which is reasonably necessary to
61repair, stabilize, pave, or repave the road or to repair or
62replace the bridge, in accordance with generally accepted
63engineering standards; and
64     7.  Notice of intent to use the exemption is provided to
65the department, if the work is to be performed within the
66Northwest Florida Water Management District, or to the Suwannee
67River Water Management District, if the work is to be performed
68within the Suwannee River Water Management District, 30 days
69prior to performing any work under the exemption.
70
71Within 30 days after this act becomes a law, the department
72shall initiate rulemaking to adopt a no fee general permit for
73the repair, stabilization, or paving of existing roads that are
74maintained by the county and the repair or replacement of
75bridges that are part of the roadway where such activities do
76not cause significant adverse impacts to occur individually or
77cumulatively. The general permit shall apply statewide and, with
78no additional rulemaking required, apply to qualified projects
79reviewed by the Suwannee River Water Management District, the
80St. Johns River Water Management District, the Southwest Florida
81Water Management District, and the South Florida Water
82Management District under the division of responsibilities
83contained in the operating agreements applicable to part IV of
84chapter 373. Upon adoption, this general permit shall, pursuant
85to the provisions of subsection (3), supersede and replace the
86exemption in this paragraph. The department shall submit a
87report to the Governor and the Legislature by March 1, 2004, to
88evaluate the effects of this exemption and make recommendations
89for the exemption to apply statewide.
90     Section 2.  This act shall take effect upon becoming a law.


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