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Senate Bill 2200

Senate Bill sb2200

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2200

    By Senator Lawson





    6-1606-04

  1                      A bill to be entitled

  2         An act relating to environmental permits for

  3         roads and bridges; amending s. 403.813, F.S.;

  4         granting road or bridge projects within the

  5         Suwannee River Water Management District the

  6         same exemption from permitting requirements

  7         granted a project to repair, stabilize, or pave

  8         a county-maintained road or to repair or

  9         replace a bridge in the North Florida Water

10         Management District if the project meets

11         certain conditions; removing a requirement that

12         the Department of Environmental Protection

13         evaluate and make recommendations regarding

14         statewide application of the permitting

15         exemption granted within the Northwest Florida

16         Water Management District; requiring the

17         department to initiate rulemaking to apply

18         statewide the exemption from certain permitting

19         requirements granted to the North Florida Water

20         Management District; providing an effective

21         date.

22  

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

24  

25         Section 1.  Paragraph (t) of subsection (2) of section

26  403.813, Florida Statutes, is amended to read:

27         403.813  Permits issued at district centers;

28  exceptions.--

29         (2)  A permit is not required under this chapter,

30  chapter 373, chapter 61-691, Laws of Florida, or chapter 25214

31  or chapter 25270, 1949, Laws of Florida, for activities

                                  1

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    Florida Senate - 2004                                  SB 2200
    6-1606-04




 1  associated with the following types of projects; however,

 2  except as otherwise provided in this subsection, nothing in

 3  this subsection relieves an applicant from any requirement to

 4  obtain permission to use or occupy lands owned by the Board of

 5  Trustees of the Internal Improvement Trust Fund or any water

 6  management district in its governmental or proprietary

 7  capacity or from complying with applicable local pollution

 8  control programs authorized under this chapter or other

 9  requirements of county and municipal governments:

10         (t)  The repair, stabilization, or paving of existing

11  county-maintained county maintained roads and the repair or

12  replacement of bridges that are part of the roadway, within

13  the Northwest Florida Water Management District or the

14  Suwannee River Water Management District, provided:

15         1.  The road and associated bridge were in existence

16  and in use as a public road or bridge, and were maintained by

17  the county as a public road or bridge on or before January 1,

18  2002;

19         2.  The construction activity does not realign the road

20  or expand the number of existing traffic lanes of the existing

21  road; however, the work may include the provision of safety

22  shoulders, clearance of vegetation, and other work reasonably

23  necessary to repair, stabilize, pave, or repave the road,

24  provided that the work is constructed by generally accepted

25  engineering standards;

26         3.  The construction activity does not expand the

27  existing width of an existing vehicular bridge in excess of

28  that reasonably necessary to properly connect the bridge with

29  the road being repaired, stabilized, paved, or repaved to

30  safely accommodate the traffic expected on the road, which may

31  include expanding the width of the bridge to match the

                                  2

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    Florida Senate - 2004                                  SB 2200
    6-1606-04




 1  existing connected road. However, no debris from the original

 2  bridge shall be allowed to remain in waters of the state,

 3  including wetlands;

 4         4.  Best management practices for erosion control shall

 5  be employed as necessary to prevent water quality violations;

 6         5.  Roadside swales or other effective means of

 7  stormwater treatment must be incorporated as part of the

 8  project; and

 9         6.  No more dredging or filling of wetlands or water of

10  the state is performed than that which is reasonably necessary

11  to repair, stabilize, pave, or repave the road or to repair or

12  replace the bridge, in accordance with generally accepted

13  engineering standards; and.

14         7.  Thirty days before any work is performed under the

15  exemption, notice of intent to use the exemption is provided

16  to:

17         a.  The department, if the road or bridge is within the

18  Northwest Florida Water Management District; or

19         b.  The Suwannee River Water Management District, if

20  the road or bridge is within that district.

21  

22  Within 30 days after this act becomes law, the department

23  shall initiate rulemaking to adopt by rule a general permit

24  for the repair, stabilization, or paving of existing

25  county-maintained roads and the repair or replacement of

26  bridges that are part of the roadway where such activities do

27  not cause significant adverse impacts to occur individually or

28  cumulatively.  The general permit shall apply statewide and,

29  with no additional rulemaking required, apply to qualified

30  projects reviewed by the Suwannee River Water Management

31  District, the St. Johns River Water Management District, the

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    Florida Senate - 2004                                  SB 2200
    6-1606-04




 1  Southwest Florida Water Management District, and the South

 2  Florida Water Management District under the division of

 3  responsibilities in the operating agreements applicable to

 4  part IV of chapter 373.  Upon adoption, this general permit

 5  shall, pursuant to subsection (3), supersede the exemption in

 6  this subparagraph. The department shall submit a report to the

 7  Governor and the Legislature by March 1, 2004, to evaluate the

 8  effects of this exemption and make recommendations for the

 9  exemption to apply statewide.

10         Section 2.  This act shall take effect upon becoming a

11  law.

12  

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

14                          SENATE SUMMARY

15    Includes certain road or bridge projects in the Suwannee
      River Water Management District within the permitting
16    exemptions granted to the Northwest Florida Water
      Management District. Requires the Department of
17    Environmental Protection to adopt a general permit by
      rule that would apply statewide the exemption now applied
18    in the Northwest Florida Water Management District.
      Removes a requirement that the department evaluate and
19    report on statewide application of the permitting
      exemption granted to the Northwest Florida Water
20    Management District.

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31  

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