Department of Environmental Protection
Florida abolishes Environmental Regulation Commission; DEP gains direct rulemaking authority over environmental standards
Florida Statutes affected
| s. 20.255 | Department of Environmental Protection. |
| s. 120.81 | Exceptions and special requirements; general areas. |
| s. 163.3205 | Solar facility approval process. |
| s. 255.065 | Public-private partnerships. |
| s. 373.421 | Delineation methods; formal determinations. |
| s. 373.4595 | Northern Everglades and Estuaries Protection Program. |
| s. 373.469 | Indian River Lagoon Protection Program. |
| s. 376.302 | Prohibited acts; penalties. |
| s. 380.0934 | |
| s. 403.031 | Definitions. |
| s. 403.061 | Department; powers and duties. |
| s. 403.067 | Establishment and implementation of total maximum daily loads. |
| s. 403.0872 | Operation permits for major sources of air pollution; annual operation license fee. |
| s. 403.0873 | Florida Air-Operation License Fee Account. |
| s. 403.1835 | Water pollution control financial assistance. |
| s. 403.1838 | Small Community Sewer Construction Assistance Act. |
| s. 403.704 | Powers and duties of the department. |
| s. 403.707 | Permits. |
| s. 403.7222 | Prohibition of hazardous waste landfills. |
| s. 403.7234 | Small quantity generator notification and verification program. |
| s. 403.803 | Definitions. |
| s. 403.804 | Environmental Regulation Commission; powers and duties. |
| s. 403.805 | Secretary; powers and duties; review of specified rules. |
| s. 403.8055 | Department adoption of federal standards. |
| s. 403.814 | General permits; delegation. |
Side-by-side: current law vs. the bill
s. 20.255, F.S.
20.255 Department of Environmental Protection.—There is created a Department of Environmental Protection.
(6) There is created as a part of the Department of Environmental Protection an Environmental Regulation Commission. The commission shall be composed of seven residents of this state appointed by the Governor, subject to confirmation by the Senate. In making appointments, the Governor shall provide reasonable representation from all sections of the state. Membership shall be representative of agriculture, the development industry, local government, the environmental community, lay citizens, and members of the scientific and technical community who have substantial expertise in the areas of the fate and transport of water pollutants, toxicology, epidemiology, geology, biology, environmental sciences, or engineering. The Governor shall appoint the chair, and the vice chair shall be elected from among the membership. All appointments shall be for 4-year terms. The Governor may at any time fill a vacancy for the unexpired term. The members of the commission shall serve without compensation, but shall be paid travel and per diem as provided in s. 112.061 while in the performance of their official duties. Administrative, personnel, and other support services necessary for the commission shall be furnished by the department. The commission may employ independent counsel and contract for the services of outside technical consultants.
20.255 Department of Environmental Protection.—There is created a Department of Environmental Protection.
s. 163.3205, F.S.
163.3205 Solar facility approval process .—
163.3205 Solar facility approval process; construction requirements.—
(5) CONSTRUCTION BEST MANAGEMENT PRACTICES.—
(a)1. An applicant for permits required under s. 373.413 shall incorporate site-specific and appropriate additional protections in the development and implementation of an erosion and sediment control plan for the construction of a solar facility. Such plans must include, but are not limited to, all of the following:
a. Soil percolation testing on the premises of a proposed solar facility.
b. Implementation of stormwater best management practices and related erosion controls for runoff during the construction of a solar facility that are based on rainfall amounts up to the 100-year, 24-hour design storm for the project site.
c. Clearing and stabilization in phases as needed to reduce disturbed portions of the project site which may be susceptible to erosion during construction.
2. Inspections must be performed by a certified Florida Stormwater, Erosion, and Sedimentation Control Inspector during construction to ensure the plan is being implemented in accordance with the permitting requirements under s. 373.413.
(b) Within the jurisdictional boundary of the Northwest Florida Water Management District, an operational phase stormwater management system permitted under part IV of chapter 373 that serves a solar facility must be designed based on the 100-year, 24-hour design storm for the project site. This paragraph applies to applications for new solar facilities filed after July 1, 2026.
(c) The operator of a solar facility or a proposed solar facility shall implement all construction and operational permit requirements developed and applicable under paragraph (a).
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