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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the ratification of the Department 2
of Environmental Protection's rules relating to 3
stormwater; ratifying a specified rule relating to 4
environmental resource permitting for the sole and 5
exclusive purpose of satisfying any condition on 6
effectiveness pursuant to s. 120.541(3), F.S., which 7
requires ratification of any rule exceeding the 8
specified thresholds for likely adverse impact or 9
increase in regulatory costs; providing construction; 10
amending s. 373.4131, F.S.; ratifying rule 62 -330.010, 11
Florida Administrative Code, with specified changes; 12
requiring that specified future amendments to such 13
rule be submitted in bill form to and approved b y the 14
Legislature; providing an effective date. 15
16
Be It Enacted by the Legislature of the State of Florida: 17
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Section 1. (1) The following rule is ratified for the 19
sole and exclusive purpose of satisfying any condition on 20
effectiveness imposed under s. 120.541(3), Florida Statutes: 21
rule 62-330, Florida Administrative Code, titled "Environmental 22
Resource Permitting," as filed for adoption with the Department 23
of State pursuant to the certification package dated April 28, 24
2023. 25
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(2) Except for the chan ges set forth in section 2 as to 26
rule 62-330.010, Florida Administrative Code, this section 27
serves no other purpose and may not be codified in the Florida 28
Statutes. After this act becomes a law, its enactment and 29
effective dates must be noted in the Florid a Administrative 30
Code, the Florida Administrative Register, or both, as 31
appropriate. This section does not alter rulemaking authority 32
delegated by prior law, does not constitute legislative 33
preemption of or exception to any provision of law governing 34
adoption or enforcement of the rule cited, and is intended to 35
preserve the status of any cited rule as a rule under chapter 36
120, Florida Statutes. This section does not cure any rulemaking 37
defect or preempt any challenge based on a lack of authority or 38
a violation of the legal requirements governing adoption of any 39
rule cited. 40
Section 2. Subsection (7) is added to section 373.4131, 41
Florida Statutes, to read: 42
373.4131 Statewide environmental resource permitting 43
rules.— 44
(7) The Legislature ratifies rule 62 -330.010, Florida 45
Administrative Code, titled "Purpose and Implementation," as 46
filed for adoption with the Department of State pursuant to the 47
certification package dated April 28, 2023, with the following 48
changes: 49
(a) Section 3.1.2(e)3. of the Applicant 's Handbook Volume 50
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I, incorporated in rule 62 -330.010(4)(a), Florida Administrative 51
Code, is changed to add, after the last sentence, the following: 52
"Nothing in Section 3.1.2(e)3. shall eliminate any grandfather 53
provisions in Section 1.4.2 and other grandf ather provisions of 54
Section 3.1.2 in existence prior to [effective date]. Projects 55
listed in Section 3.1.2(e)3. shall use all forms in effect at 56
the time the permit was originally issued, except for those 57
subsequent permits to construct and operate the fut ure phases 58
consistent with an unexpired conceptual approval permit which 59
shall use the following forms effective [effective date]: Form 60
62-330.301(26) Financial Capability Certification; Form 62 -61
330.301(25) Dam System Information; Form 62 -330.311(1) Operation 62
and Maintenance Certification; and Form 62 -330.311(3) Inspection 63
Checklists, as applicable." 64
(b) Section 8.3.4(a)3 of the Applicant's Handbook Volume 65
I, incorporated in rule 62 -330.010(4)(a), Florida Administrative 66
Code, is changed to read: "the post -development condition 67
average annual loading, of those pollutants not meeting water 68
quality standards, that is less than that of the predevelopment 69
condition." 70
(c) Section 8.3.4(b)2 of the Applicant's Handbook Volume 71
I, incorporated in rule 62 -330.010(4)(a), Florida Administrative 72
Code, is changed to read: "the post -development condition 73
average annual loading, of those pollutants not meeting water 74
quality standards, that is less than that of the predevelopment 75
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condition." 76
(d) Section 8.3.5 of the Appl icant's Handbook Volume I, 77
incorporated in rule 62 -330.010(4)(a), Florida Administrative 78
Code, is changed to read: "Stormwater treatment systems serving 79
redevelopment activities shall either meet the requirements of 80
Sections 8.3.2 through 8.3.4 or provide an alternate level of 81
treatment sufficient to accomplish: 82
(a) an 80 percent reduction of the post -development 83
average annual loading of TP and a 45 percent reduction of the 84
post-development average annual loading of TN from the project 85
area; and 86
(b) for stormwater systems located within a HUC 12 87
subwatershed containing an OFW and located upstream of that OFW, 88
a 90 percent reduction of the post -development average annual 89
loading of TP and a 60 percent reduction of the post -development 90
average annual loading of TN from the project area; and 91
(c) for stormwater treatment systems located within a HUC 92
12 subwatershed which contains an impaired water and located 93
upstream of that impaired water, a level of treatment sufficient 94
to accomplish a post -development condition average annual 95
loading, of those pollutants not meeting water quality 96
standards, that is less than that of the predevelopment 97
condition." 98
(e) The first sentence of Section 12.5(a) of the 99
Applicant's Handbook Volume I, incorporated in rule 62 -100
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330.010(4)(a), Florida Administrative Code, is changed to read: 101
"All operation and maintenance entities, other than MS4 102
Entities, shall conduct and report inspections in accordance 103
with this section; except that those specific activities and 104
best management practices regulated by the South Florida Water 105
Management District pursuant to Chapter 40E -63, F.A.C., or by 106
the Department of Agriculture and Consumer Services pursuant to 107
Title 5M, F.A.C., and Section 403.067(7)(c)2., F.S., shall be 108
inspected in accordan ce with such applicable rules and laws." 109
110
Any future amendments to those portions of the Applicant's 111
Handbook Volume I, incorporated in rule 62 -330.010(4)(a), 112
Florida Administrative Code, included in this subsection must be 113
submitted in bill form to the Speaker of the House of 114
Representatives and to the President of the Senate for their 115
consideration and referral to the appropriate committees. Such 116
amendments shall become effective only upon approval by act of 117
the Legislature. 118
Section 3. This act shall take effect upon becoming a law. 119