By STAFF REPORTS
On Sept. 16, Florida Department of Environmental Protection Deputy Secretary for Regulatory Programs John Truitt testified before the House Natural Resources Subcommittee on Water, Wildlife and Fisheries in support of H.R. 9017, the Restore Florida Water Independence Act of 2026.
Sponsored by U.S. Rep. Byron Donalds, the bill addresses the Endangered Species Act issue that led federal courts to vacate EPA’s 2020 approval of Florida’s assumed Clean Water Act Section 404 permitting program. H.R. 9017 would declare the programmatic biological opinion prepared for Florida’s program, including its incidental-take statement, to be compliant with the ESA and provide that no additional ESA Section 7 consultation is required for EPA’s approval. The legislation is intended to remove the principal legal obstacle to restoring FDEP’s authority to administer federal dredge-and-fill permits in assumed waters alongside Florida’s Environmental Resource Permitting program.
Truitt defended the state’s programmatic consultation and federal-state technical-assistance process. He emphasized that FDEP referred permit applications to the U.S. Fish and Wildlife Service, was required to incorporate the Service’s protective conditions or deny a permit, and remained subject to EPA oversight. According to his testimony, FDEP received more than 8,760 applications during the program’s three years of operation, issued more than 600 individual permits, denied 270 applications, conducted more than 470 compliance inspections and entered 22 enforcement consent orders. Truitt urged Congress to pass H.R. 9017 while Florida and the federal government continue seeking rehearing of the D.C. Circuit decision.
To view John Truitt’s written testimony, click HERE.
To watch the full Sept. 16 hearing, click HERE.
