ENROLLED
       2019 Legislature                                            SB 8
       
       
       
       
       
       
                                                                20198er
    1  
    2         An act relating to the Florida Statutes; amending ss.
    3         252.90, 252.939, 253.126, 260.0144, 287.0572, 295.187,
    4         310.102, 310.142, 310.183, 316.29545, and 316.304,
    5         F.S.; and repealing s. 316.611, F.S.; to conform to
    6         the directive of the Legislature in section 9 of
    7         chapter 2012-116, Laws of Florida, codified as section
    8         11.242(5)(j), Florida Statutes, to prepare a reviser’s
    9         bill to omit all statutes and laws, or parts thereof,
   10         which grant duplicative, redundant, or unused
   11         rulemaking authority; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (1) of section 252.90, Florida
   16  Statutes, is amended to read:
   17         252.90 Commission and committee duties.—
   18         (1) The commission shall establish by December 31, 1989,
   19  uniform reporting forms for all reporting requirements under
   20  this part for use by all committees.
   21         Section 2. Paragraph (c) of subsection (1) and subsection
   22  (2) of section 252.939, Florida Statutes, are amended to read:
   23         252.939 Fees.—
   24         (1)
   25         (c) The division shall establish a fee schedule by rule for
   26  the specified stationary sources, upon the advice and consent of
   27  the commission. The annual registration fee must be based on a
   28  stationary source’s highest program level, as determined under
   29  the federal implementing regulations for s. 112(r)(7) and may
   30  not exceed the following:
   31         1. Program 1 Stationary Sources $100. Multiple Program 1
   32  stationary sources which are under common ownership and which
   33  have the same single chemical process, shall pay a full fee for
   34  the first stationary source location and a 50 percent fee for
   35  subsequent locations with no owner of such multiple stationary
   36  sources paying more than $1,000. To be eligible for this
   37  multiple stationary source fee provision, one single fee payment
   38  must be submitted by the owner of the eligible multiple
   39  stationary source locations with a listing of the multiple
   40  stationary source locations and the single chemical process.
   41         2. Program 2 Stationary Sources $200. Multiple Program 2
   42  stationary sources which are under common ownership and which
   43  have the same single chemical process, shall pay a full fee for
   44  the first three stationary source locations and a 50 percent fee
   45  for subsequent locations with no owner of such multiple
   46  stationary sources paying more than $2,000. Multiple Program 2
   47  stationary sources which are under common ownership and which
   48  are classified under one of the following Standard Industrial
   49  Classification group numbers 01, 02, or 07 shall pay a full fee,
   50  not to exceed $100 for the first stationary source location and
   51  a 50 percent fee for subsequent locations with no owner of such
   52  multiple stationary sources paying more than $800. To be
   53  eligible for these multiple stationary source fee provisions,
   54  one single fee payment must be submitted by the owner of the
   55  eligible multiple stationary source locations with a listing of
   56  the multiple stationary source locations and the chemical
   57  process.
   58         3. Program 3 Stationary Sources $1,000.
   59         (2) The division shall establish by rule late fees, not to
   60  exceed 10 percent per month of the annual registration fee owed,
   61  and not to exceed a total of 50 percent, for failure to timely
   62  submit an annual registration fee. A late fee may not be
   63  assessed against a stationary source during the initial
   64  registration and submission year if 90 days’ prior written
   65  notice was not provided to that stationary source.
   66         Section 3. Subsection (1) of section 253.126, Florida
   67  Statutes, is amended to read:
   68         253.126 Legislative intent.—The limitations and
   69  restrictions imposed by this chapter as amended by chapter 67
   70  393, Laws of Florida, upon the construction of islands or the
   71  extension or addition to existing lands or islands bordering on
   72  or being in the navigable waters, as defined in s. 253.12, shall
   73  apply to the state, its agencies and all political subdivisions
   74  and governmental units. No other general or special act shall
   75  operate to grant exceptions to this section unless this section
   76  is specifically repealed thereby.
   77         (1) Notwithstanding any other provision of this chapter,
   78  the Department of Environmental Protection may authorize, by
   79  rule, the Department of Transportation to perform any activity
   80  covered by this chapter, upon certification by the agency that
   81  it will meet all requirements imposed by statute, rule, or
   82  standard for environmental control and protection as such
   83  statute, rule, or standard applies to a governmental program. To
   84  this end, the department may accept such certification of
   85  compliance for programs of the agency, conduct investigations
   86  for compliance, and, if a violation is found to exist, take all
   87  necessary enforcement action pertaining thereto, including, but
   88  not limited to, the revocation of certification. The
   89  authorization shall be by rule of the department, shall be
   90  limited to the maintenance, repair, or replacement of existing
   91  structures, and shall be conditioned upon compliance by the
   92  agency with specific guidelines or requirements which are set
   93  forth in the formal acceptance and deemed necessary by the
   94  department to assure future compliance with this chapter and
   95  applicable department rules. Failure of the agency to comply
   96  with any provision of the written acceptance shall constitute
   97  grounds for its revocation by the department.
   98         Section 4. Subsection (7) of section 260.0144, Florida
   99  Statutes, is amended to read:
  100         260.0144 Sponsorship of state greenways and trails.—The
  101  department may enter into a concession agreement with a not-for
  102  profit entity or private sector business or entity for
  103  commercial sponsorship to be displayed on state greenway and
  104  trail facilities or property specified in this section. The
  105  department may establish the cost for entering into a concession
  106  agreement.
  107         (7) The department may adopt rules to administer this
  108  section.
  109         Section 5. Subsection (2) of section 287.0572, Florida
  110  Statutes, is amended to read:
  111         287.0572 Present-value methodology.—
  112         (2) The department may adopt rules to administer subsection
  113  (1).
  114         Section 6. Subsection (9) of section 295.187, Florida
  115  Statutes, is amended to read:
  116         295.187 Florida Veteran Business Enterprise Opportunity
  117  Act.—
  118         (9) RULES.—The Department of Veterans’ Affairs and the
  119  Department of Management Services, as appropriate, may adopt
  120  rules as necessary to administer this section.
  121         Section 7. Subsection (1) of section 310.102, Florida
  122  Statutes, is amended to read:
  123         310.102 Treatment programs for impaired pilots and deputy
  124  pilots.—
  125         (1) The department shall, by rule, designate approved
  126  treatment programs for impaired pilots and deputy pilots under
  127  this section. The department may set adopt rules setting forth
  128  appropriate criteria for approval of treatment providers.
  129         Section 8. Section 310.142, Florida Statutes, is amended to
  130  read:
  131         310.142 Pilotage at St. Marys Entrance.—The board is
  132  authorized to enter into an agreement with the Board of Pilotage
  133  Commissioners for the corporate authority of St. Marys, Georgia,
  134  for reciprocal pilotage of vessels in the boundary waters and
  135  tributaries of St. Marys Entrance. The board shall have the
  136  authority to promulgate rules to implement the provisions of
  137  this section.
  138         Section 9. Subsection (2) of section 310.183, Florida
  139  Statutes, is amended to read:
  140         310.183 Immediate inactivation of license or certificate
  141  for certain violations; rules.—
  142         (2) No later than January 1, 1995, the board shall adopt
  143  rules to administer the provisions of this section and shall
  144  have continuing authority to amend any such rules it has adopted
  145  by that deadline. However, if the board fails to adopt such
  146  rules by that deadline, the department shall have exclusive
  147  authority to adopt such rules.
  148         Section 10. Subsection (5) of section 316.29545, Florida
  149  Statutes, is amended to read:
  150         316.29545 Window sunscreening exclusions; medical
  151  exemption; certain law enforcement vehicles and private
  152  investigative service vehicles exempt.—
  153         (5) The department is authorized to promulgate rules for
  154  the implementation of this section.
  155         Section 11. Subsection (3) of section 316.304, Florida
  156  Statutes, is amended to read:
  157         316.304 Wearing of headsets.—
  158         (3) The Department of Highway Safety and Motor Vehicles
  159  shall promulgate, by administrative rule, standards and
  160  specifications for headset equipment the use of which is
  161  permitted under this section. The department shall inspect and
  162  review all headset equipment such devices submitted to it and
  163  shall publish a list by name and type of approved equipment.
  164         Section 12. Section 316.611, Florida Statutes, is repealed:
  165         316.611 Tandem trailer equipment and use.—The Department of
  166  Transportation shall adopt rules to regulate tandem trailer
  167  truck equipment and use in the interest of safety, public
  168  convenience, and preservation of public road facilities. The
  169  rules shall apply according to their terms to all jurisdictions
  170  of the state except the Florida Turnpike. Such rules shall be
  171  enforced by the Department of Transportation, the Department of
  172  Highway Safety and Motor Vehicles, and local authorities.
  173         Reviser’s note.—This act amends or repeals provisions of the
  174         Florida Statutes pursuant to the directive of the
  175         Legislature in s. 9, ch. 2012-116, Laws of Florida,
  176         codified as s. 11.242(5)(j), Florida Statutes, to prepare a
  177         reviser’s bill to omit all statutes and laws, or parts
  178         thereof, which grant duplicative, redundant, or unused
  179         rulemaking authority.
  180         Section 13. This act shall take effect on the 60th day
  181  after adjournment sine die of the session of the Legislature in
  182  which enacted.