A wide-ranging bill (HB 503) that makes several changes in the environmental permitting process, was adopted by the Legislature on March 8, 2012. The bill provides for amendments to a number of existing environmental laws and those related to land development that streamline the permitting processes through both the Florida Department of Environmental Protection (FDEP) and the Water Management Districts (WMD). If signed by the Governor, this pro-business bill will take effect on July 1, 2012.

Some highlights of the new bill include:

  • Counties and municipalities are prohibited from requiring an applicant to obtain a permit or approval from any state or federal agency as a condition of processing a development plan under certain conditions.
  • Reduction/waiver of permit application fees will apply for counties and municipalities of a certain population, as well as for entities created by special act, local ordinance or interlocal agreements.
  • FDEP and the WMD must identify and develop general permits for appropriate activities currently requiring individual permits.
  • Permit approval/review time will be reduced from 90 days to 60 days.
  • Subject to agreement with the Army Corps of Engineers, the FDEP and/or the WMD are authorized to implement a voluntary state programmatic general permit for all dredge and fill activities impacting 3 or fewer acres of wetlands.
  • Site cleanup provisions under the Inland Protection Trust Fund are revised to include sites with a score of 29 or higher as eligible to participate in the voluntary low-scored site initiative.
  • The definition of parties eligible for financial assistance under Innocent Victim Petroleum Storage System Restoration Program has been extended under the definition of "acquired," to include children of owners and corporate entities created by the owner to hold title to the site. (Note, sites that were previously denied coverage may reapply if the expanded definition is applicable).
  • Authorizes zones of discharge to groundwater for specified installations.
  • Increases the permit time frames from 5 years to 10 or 20 years depending on the type of solid waste facility and how it is constructed.
  • Provides for the issuance of a General Permit for stormwater management systems serving a project area of up to 10 acres, under certain conditions and circumstances.
  • Expedites permit review for businesses/commercial or industrial projects creating at least 50 jobs.
  • Provides for a two-year extension for permits currently expiring between January 1, 2012 through January 1, 2014. Permit previously extended under Legislation of 2009 - 2011, may still be eligible for the extension provided for under this bill, provided the total number of years extending the permit does not exceed four years. The extensions must be submitted in writing to the applicable agency on or before December 31, 2012.
  • Prohibits local governments from assessing fees to process permit extension requests under the bill. This prohibition applies retroactively to any permit extensions issued under either section 73 or section 79, chapter 2011-139, Laws of Florida.

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