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FL H7043
Bill
Status
3/26/2018
Primary Sponsor
Natural Resources and Public Lands Subcommittee
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AI Summary
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Creates section 373.4146 in Florida Statutes to authorize the Department of Environmental Protection to assume federal Clean Water Act section 404 dredge and fill permitting authority in accordance with 40 C.F.R. part 233.
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Defines "state assumed waters" as waters of the United States where Florida assumes permitting authority over discharge of dredge or fill material under the Clean Water Act.
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Establishes permit review timelines requiring the department to grant or deny applications within the federal timeframe under 40 C.F.R. part 233, subparts D and F, and exempts the department from state timeframe limitations in sections 120.60 and 373.4141.
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Limits state administered section 404 permits to a maximum period of 5 years, with provisions allowing permits to continue pending during timely reissuance applications and requiring an expedited permit review process for renewals with no material changes.
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Allows the department to delegate program administration to other entities while retaining authority to review, modify, revoke, or rescind any permits issued by delegated entities to ensure federal law compliance.
Legislative Description
State Assumption of Federal Section 404 Dredge and Fill Permitting Authority
Last Action
Chapter No. 2018-88
3/26/2018