Senate Bill 2140e2
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CS for SB 2140 Second Engrossed
1 A bill to be entitled
2 An act relating to water management; amending
3 s. 287.042, F.S.; providing requirements to
4 protest contracts administered by water
5 management districts; amending s. 373.083,
6 F.S.; authorizing a water management district
7 governing board to delegate its powers, duties,
8 and functions to district staff; amending s.
9 373.323, F.S.; providing additional licensure
10 requirements for water well contractors;
11 amending s. 373.324, F.S.; providing for a
12 continuing education requirement for license
13 renewal; providing for rules; amending s.
14 373.414, F.S.; revising the criteria to be
15 considered in determining the cumulative
16 impacts of activities upon surface waters and
17 wetlands; creating s. 403.065, F.S.; providing
18 findings and declarations; providing for
19 classification and permitting of aquifer
20 storage and recovery wells; providing a zone of
21 discharge for aquifer storage and recovery
22 wells meeting specific criteria; providing
23 monitoring requirements for aquifer storage and
24 recovery wells; requiring an aquifer exemption
25 for aquifer storage and recovery wells
26 exceeding primary drinking water standards
27 other than total coliform bacteria or sodium;
28 requiring the Department of Environmental
29 Protection to make a reasonable effort to issue
30 or deny permits within 90 days; providing the
31 department with rulemaking authority; amending
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1 s. 403.0882, F.S.; reorganizing and clarifying
2 provisions; directing the department to adopt
3 rules; creating a technical advisory committee
4 to assist in rule development; providing
5 permitting requirements relating to failure of
6 toxicity tests due to naturally occurring
7 constituents; amending s. 403.061, F.S.;
8 providing an exemption allowing
9 demineralization concentrate mixing zones in
10 Outstanding Florida Waters with specific
11 requirements; amending s. 403.852, F.S.;
12 redefining the terms "public water system,"
13 "noncommunity water system," and "nontransient
14 noncommunity water system," and defining the
15 term "transient noncommunity water system";
16 amending s. 403.853, F.S.; requiring the
17 department to adopt and enforce certain primary
18 and secondary drinking water regulations for
19 nontransient noncommunity water systems and
20 transient noncommunity water systems; amending
21 s. 403.8532, F.S.; authorizing the department
22 to make loans to nonprofit transient
23 noncommunity water systems; amending s.
24 403.854, F.S.; allowing the department to waive
25 disinfection requirements and operator
26 requirements for certain water systems on a
27 case-by-case basis; amending s. 403.865, F.S.;
28 expanding the legislative declaration to
29 include water distribution systems; amending s.
30 403.866, F.S.; redefining the term "water
31 distribution system"; amending ss. 403.867,
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1 403.872, 403.875, and 403.88, F.S.; expanding
2 provisions relating to water and wastewater
3 facilities personnel to include "water
4 distribution systems," as required by federal
5 law; providing for the development of a
6 proposal to dredge an access channel in Santa
7 Rosa Sound; providing for a plan of mitigation;
8 providing responsibility for costs; providing
9 for an expedited process for state dredge and
10 fill permits; developing project criteria;
11 amending s. 20.255, F.S.; requiring the
12 Governor to provide reasonable representation
13 from all sections of the state in making
14 appointments to the Environmental Regulation
15 Commission; amending s. 403.088, F.S.;
16 requiring persons holding water pollution
17 operation permits to report certain
18 noncompliance; providing for the adoption of
19 rules; providing for the distribution of
20 certain documentary stamp tax revenues to the
21 Marine Resource Conservation Trust Fund to be
22 used for marine mammal care; amending s.
23 201.15, F.S.; providing for the distribution of
24 certain documentary stamp tax revenues to the
25 Marine Resource Conservation Trust Fund to be
26 used for marine mammal care, effective July 1,
27 2001; amending s. 328.72, F.S.; revising the
28 process of handling voluntary contributions for
29 manatee protection; amending s. 328.76, F.S.;
30 eliminating the transfer of certain registered
31 vessel revenues to the Save the Manatee Trust
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CS for SB 2140 Second Engrossed
1 Fund; amending s. 370.0603, F.S.; providing
2 requirements for the use of funds in the Marine
3 Resource Conservation Trust Fund; amending s.
4 370.12, F.S.; eliminating requirements for the
5 use of specified funds for manatee
6 rehabilitation from the Save the Manatee Trust
7 Fund; creating s. 163.065, F.S.; creating the
8 "Miami River Improvement Act"; providing
9 findings and purpose; directing state and
10 regional agencies to assist the Miami River
11 Commission; requiring a plan; providing an
12 appropriation; creating s. 373.200, F.S.;
13 specifying the role of the Seminole Tribe Water
14 Rights Compact; amending s. 403.813, F.S.;
15 prohibiting the restriction of the number of
16 vessels moored at certain private,
17 single-family docks; providing an effective
18 date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Paragraph (c) of subsection (2) of section
23 287.042, Florida Statutes, is amended to read:
24 287.042 Powers, duties, and functions.--The department
25 shall have the following powers, duties, and functions:
26 (2)
27 (c) Any person who files an action protesting a
28 decision or intended decision pertaining to contracts
29 administered by the department, a water management district,
30 or a state agency pursuant to s. 120.57(3)(b) shall post with
31 the department, the water management district, or the state
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1 agency at the time of filing the formal written protest a bond
2 payable to the department, the water management district, or
3 the state agency in an amount equal to 1 percent of the
4 department's, the water management district's, or the state
5 agency's estimate of the total volume of the contract or
6 $5,000, whichever is less, which bond shall be conditioned
7 upon the payment of all costs which may be adjudged against
8 him or her in the administrative hearing in which the action
9 is brought and in any subsequent appellate court proceeding.
10 For protests of decisions or intended decisions of the
11 department pertaining to agencies' requests for approval of
12 exceptional purchases, the bond shall be in an amount equal to
13 1 percent of the requesting agency's estimate of the contract
14 amount for the exceptional purchase requested or $5,000,
15 whichever is less. In lieu of a bond, the department, the
16 water management district, or the state agency may, in either
17 case, accept a cashier's check or money order in the amount of
18 the bond. If, after completion of the administrative hearing
19 process and any appellate court proceedings, the water
20 management district or the agency prevails, it shall recover
21 all costs and charges which shall be included in the final
22 order or judgment, excluding attorney's fees. This section
23 shall not apply to protests filed by the Minority Business
24 Advocacy and Assistance Office. Upon payment of such costs and
25 charges by the person protesting the award, the bond,
26 cashier's check, or money order shall be returned to him or
27 her. If the person protesting the award prevails, he or she
28 shall recover from the water management district or the agency
29 all costs and charges which shall be included in the final
30 order of judgment, excluding attorney's fees.
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1 Section 2. Subsection (5) is added to section 373.083,
2 Florida Statutes, to read:
3 373.083 General powers and duties of the governing
4 board.--In addition to other powers and duties allowed it by
5 law, the governing board is authorized to:
6 (5) Execute any of the powers, duties, and functions
7 vested in the governing board through a member or members
8 thereof, the executive director, or other district staff as
9 designated by the governing board. The governing board may
10 establish the scope and terms of any delegation. However, if
11 the governing board delegates the authority to take final
12 action on permit applications under part II or part IV, or
13 petitions for variances or waivers of permitting requirements
14 under part II or part IV, the governing board shall provide a
15 process for referring any denial of such application or
16 petition to the governing board to take final action. The
17 authority in this subsection is supplemental to any other
18 provision of this chapter granting authority to the governing
19 board to delegate specific powers, duties, or functions.
20 Section 3. Subsection (5) of section 373.323, Florida
21 Statutes, is amended, and subsection (10) is added to said
22 section, to read:
23 373.323 Licensure of water well contractors;
24 application, qualifications, and examinations; equipment
25 identification.--
26 (5) The water management district shall issue a water
27 well contracting license to any applicant who receives a
28 passing grade on the examination, has paid the initial
29 application fee, takes and completes to the satisfaction of
30 the department a minimum of 12 hours of approved course work,
31 and has complied with the requirements of this section. A
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1 passing grade on the examination shall be as established by
2 the department by rule. A license issued by any water
3 management district shall be valid in every water management
4 district in the state.
5 (10) Effective July 1, 2001, water well contractors
6 licensed under the provisions of this section shall be able to
7 install, repair, and modify pumps and tanks in accordance with
8 the Florida Building Code, Chapter 29, section 612--Well Pumps
9 and Tanks Used for Potable Water Systems.
10 Section 4. Subsection (2) of section 373.324, Florida
11 Statutes, is amended, subsections (3), (4), and (5) are
12 renumbered as subsections (4), (5), and (6), respectively, and
13 a new subsection (3) is added to said section, to read:
14 373.324 License renewal.--
15 (2) The water management district shall renew a
16 license upon receipt of the renewal application, proof of
17 completion of 12 classroom hours of continuing education
18 annually, and renewal fee.
19 (3) The department shall prescribe by rule the method
20 for renewal of licenses, which shall include continuing
21 education requirements of not less than 12 classroom hours
22 annually.
23 Section 5. Subsection (8) of section 373.414, Florida
24 Statutes, is amended to read:
25 373.414 Additional criteria for activities in surface
26 waters and wetlands.--
27 (8)(a) The governing board or the department, in
28 deciding whether to grant or deny a permit for an activity
29 regulated under this part shall consider the cumulative
30 impacts upon surface water and wetlands, as delineated in s.
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1 373.421(1), within the same drainage basin as defined in s.
2 373.403(9), of:
3 1.(a) The activity for which the permit is sought.
4 2.(b) Projects which are existing or activities
5 regulated under this part which are under construction or
6 projects for which permits or determinations pursuant to s.
7 373.421 or s. 403.914 have been sought.
8 3.(c) Activities which are under review, approved, or
9 vested pursuant to s. 380.06, or other activities regulated
10 under this part which may reasonably be expected to be located
11 within surface waters or wetlands, as delineated in s.
12 373.421(1), in the same drainage basin as defined in s.
13 373.403(9), based upon the comprehensive plans, adopted
14 pursuant to chapter 163, of the local governments having
15 jurisdiction over the activities, or applicable land use
16 restrictions and regulations.
17 (b) If an applicant proposes mitigation within the
18 same drainage basin where adverse effects are to be mitigated
19 and if the mitigation offsets these adverse effects, the
20 governing board and department shall consider the regulated
21 activity to meet the requirements of paragraph (a). However,
22 this paragraph may not be construed to prohibit mitigation
23 outside the drainage basin which offsets the adverse effects
24 within the drainage basin.
25 Section 6. Section 403.065, Florida Statutes, is
26 created to read:
27 403.065 Aquifer Storage and Recovery Wells.--
28 (1) The Legislature finds and declares that it is in
29 the public interest to conserve and protect water resources,
30 provide adequate water supplies, provide for natural systems,
31
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1 and promote quality aquifer storage and recovery projects by
2 removing inappropriate institutional barriers.
3 (2) Aquifer storage and recovery wells shall be
4 classified and permitted according to department rules,
5 consistent with the federal Safe Drinking Water Act. They
6 shall be constructed to prevent violation of state groundwater
7 quality standards at the point of discharge, except as
8 specifically provided in this section.
9 (3) Aquifer storage and recovery wells shall be
10 allowed a zone of discharge for sodium and secondary drinking
11 water standards, provided that the requirements of paragraphs
12 (4)(b), (c), and (d) and subsection (6) are met.
13 (4) Aquifer storage and recovery wells used to inject
14 water from a surfacewater or groundwater source shall be
15 allowed a zone of discharge for total coliform bacteria when
16 the applicant for the aquifer storage and recovery well permit
17 demonstrates, through a risk-based analysis, the following:
18 (a) The native groundwater within the proposed zone of
19 discharge contains no less than 1,500 milligrams per liter
20 total dissolved solids;
21 (b) The native groundwater within the proposed zone of
22 discharge is not currently being used as a public or private
23 drinking water supply, nor can any other person other than the
24 permit applicant be reasonably expected to withdraw water from
25 the zone of discharge in the future for such use;
26 (c) The presence of the stored water will not cause
27 any person other than the permit applicant to treat its source
28 water in any way that would not have been required in the
29 absence of the aquifer storage and recovery well;
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1 (d) The department has approved a monitoring plan that
2 specifies the number and location of monitor wells, monitoring
3 parameters, and frequency of monitoring;
4 (e) Total coliform bacteria is the only primary
5 drinking water standard other than sodium that will not be met
6 prior to injection;
7 (f) The permit applicant demonstrates that biological
8 contaminants will experience die-off such that primary
9 drinking water standards will be met at the edge of the zone
10 of discharge and that those contaminants will not pose an
11 adverse risk to human health;
12 (g) The permit applicant documents the environmental
13 benefits to be derived from the storage, recovery, and future
14 use of the injected water;
15 (h) The use of the recovered water is consistent with
16 its intended primary purpose; and
17 (i) The storage of water will not endanger drinking
18 water sources, as defined in the federal Safe Drinking Water
19 Act, 42 U.S.C. s. 300h.
20 (5) The department may allow a zone of discharge for
21 sodium, total coliform bacteria, and secondary drinking water
22 standards if the total dissolved solids concentration of the
23 native groundwater within the proposed zone of discharge is
24 less than 1,500 milligrams per liter and if the requirements
25 of paragraphs (4)(b)-(i) are satisfied and:
26 (a) The applicant for the aquifer storage and recovery
27 well permit demonstrates that no person, other than the permit
28 applicant, may in the future withdraw water from the zone of
29 discharge for use as a public or private drinking water supply
30 because of legal restrictions imposed by a water management
31 district, state agency, local government, or other
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1 governmental entity having jurisdiction over water supply or
2 well construction;
3 (b) The permit applicant provides written notice,
4 including specific information about the proposed aquifer
5 storage and recovery project, to each land owner whose
6 property overlies the zone of discharge.
7 (6) A zone of discharge for aquifer storage and
8 recovery wells shall not intersect or include any part of a
9 500-foot radius surrounding any well that uses the injection
10 zone to supply drinking water.
11 (7) The department shall specify in the permit for the
12 aquifer storage and recovery well the vertical and lateral
13 limits of the approved zone of discharge. The zone of
14 discharge limits shall be based on hydrogeological conditions,
15 for which the permit applicant shall provide calculations or
16 the results of modeling that include, but are not limited to,
17 reasonable assumptions about the expected volume of water to
18 be stored and recovered and reasonable assumptions regarding
19 aquifer thickness and porosity. Compliance with the primary
20 drinking water standard for total coliform bacteria, sodium,
21 and the secondary drinking water standards shall be required
22 at the edge of the zone of discharge.
23 (8) After the aquifer storage and recovery well is in
24 operation, groundwater monitoring must demonstrate that
25 biological die-off is occurring, no exceedances of the primary
26 drinking water standards have occurred outside of the zone of
27 discharge, and there is no adverse risk to human health from
28 the injection activity. Failure of the applicant to make this
29 demonstration shall result in revocation of the zone of
30 discharge.
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1 (9) If drinking water supply wells are present in the
2 injection zone within 2.5 miles of the edge of the zone of
3 discharge, additional monitor wells may be required to detect
4 the possible movement of injected fluids in the direction of
5 the drinking water wells.
6 (10) Monitor wells shall be sampled at least monthly
7 for the parameters specified in the permit for the aquifer
8 storage and recovery well. The department may modify the
9 monitoring requirements if necessary to provide reasonable
10 assurance that underground sources of drinking water are
11 adequately protected.
12 (11) An aquifer exemption shall be obtained prior to
13 injection if the injection fluid exceeds any primary drinking
14 water standard maximum contaminant level other than total
15 coliform bacteria or sodium, or if the presence of any
16 contaminant in the injection fluid may adversely affect the
17 health of persons and the applicant cannot demonstrate with
18 reasonable certainty that such contaminant will experience
19 die-off within the proposed zone of discharge.
20 (12) The department shall make a reasonable effort to
21 issue or deny a permit within 90 days after determining the
22 permit application to be complete. In accordance with s.
23 403.0876(2)(b), the failure of the department to issue or deny
24 an underground injection control permit for an aquifer storage
25 and recovery well within the 90-day time period shall not
26 result in the automatic issuance or denial of the permit and
27 shall not prevent the inclusion of specific permit conditions
28 that are necessary to ensure compliance with applicable
29 statutes and rules.
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1 (13) The department may adopt rules for the regulation
2 of aquifer storage and recovery wells to implement the
3 provisions of this section.
4 Section 7. Section 403.0882, Florida Statutes, is
5 amended to read:
6 (Substantial rewording of section. See s.
7 403.0882, F.S., for present text.)
8 403.0882 Discharge of demineralization concentrate.--
9 (1) The Legislature finds and declares that it is in
10 the public interest to conserve and protect water resources,
11 provide adequate water supplies and provide for natural
12 systems, and promote brackish water demineralization as an
13 alternative to withdrawals of freshwater from groundwater and
14 surface water by removing institutional barriers to
15 demineralization and through research, including demonstration
16 projects, to advance water and water byproduct treatment
17 technology, sound waste byproduct disposal methods, and
18 regional solutions to water resources issues. In order to
19 promote the state objective of alternative water supply
20 development, including the use of demineralization
21 technologies, and to encourage the conservation and protection
22 of the state's natural resources, the concentrate resulting
23 from demineralization must be classified as potable water
24 byproduct regardless of flow quantity and must be
25 appropriately treated and discharged or reused.
26 (2) For the purposes of this section, the term:
27 (a) "Demineralization concentrate" means the
28 concentrated byproduct water, brine, or reject water produced
29 by ion exchange or membrane separation technologies such as
30 reverse osmosis, membrane softening, ultra-filtration,
31 membrane filtration, electrodialysis, and electrodialysis
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1 reversal used for desalination, softening, or reducing total
2 dissolved solids during water treatment for public water
3 supply purposes.
4 (b) "Small water utility business" means any facility
5 that distributes potable water to two or more customers with a
6 concentrate discharge of less than 50,000 gallons per day.
7 (3) The department shall initiate rulemaking no later
8 than October 1, 2000, to address facilities that discharge
9 demineralization concentrate. The department shall convene a
10 technical advisory committee to assist in the development of
11 the rules, which committee shall include one representative
12 each from the demineralization industry, local government,
13 water and wastewater utilities, the engineering profession,
14 business, and environmental organizations. The technical
15 advisory committee shall also include one member representing
16 the five water management districts and one representative
17 from the Florida Marine Research Institute. In convening the
18 technical advisory committee, consideration must be given to
19 geographical balance. The rules must address, at a minimum:
20 (a) Permit application forms for concentrate disposal;
21 (b) Specific options and requirements for
22 demineralization concentrate disposal, including a
23 standardized list of effluent and monitoring parameters, which
24 may be adjusted or expanded by the department as necessary to
25 protect water quality;
26 (c) Specific requirements and accepted methods for
27 evaluating mixing of effluent in receiving waters; and
28 (d) Specific toxicity provisions.
29 (4)(a) For facilities that discharge demineralization
30 concentrate, the failure of whole effluent toxicity tests
31 predominantly due to the presence of constituents naturally
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1 occurring in the source water, limited to calcium, potassium,
2 sodium, magnesium, chloride, bromide, and other constituents
3 designated by the department, may not be the basis for denial
4 of a permit, denial of a permit renewal, revocation of a
5 permit, or other enforcement action by the department as long
6 as the volume of water necessary to achieve water quality
7 standards is available within a distance not in excess of two
8 times the natural water depth at the point of discharge under
9 all flow conditions.
10 (b) If failure of whole effluent toxicity tests is due
11 predominately to the presence of the naturally occurring
12 constituents identified in paragraph (a), the department shall
13 issue a permit for the demineralization concentrate discharge
14 if:
15 1. The volume of water necessary to achieve water
16 quality standards is available within a distance not in excess
17 of two times the natural water depth at the point of discharge
18 under all flow conditions; and
19 2. All other permitting requirements are met.
20
21 A variance for toxicity under the circumstance described in
22 this paragraph is not required.
23 (c) Facilities that fail to meet the requirements of
24 this subsection may be permitted in accordance with department
25 rule, including all applicable moderating provisions such as
26 variances, exemptions, and mixing zones.
27 (5) Blending of demineralization concentrate with
28 reclaimed water shall be allowed in accordance with the
29 department's reuse rules.
30 (6) This subsection applies only to small water
31 utility businesses.
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1 (a) The discharge of demineralization concentrate from
2 small water utility businesses is presumed to be allowable and
3 permittable in all waters in the state if:
4 1. The discharge meets the effluent limitations in s.
5 403.086(4), except that high-level disinfection is not
6 required unless the presence of fecal coliforms in the source
7 water will result in the discharge not meeting applicable
8 water quality standards;
9 2. The discharge of demineralization concentrate
10 achieves a minimum of 4-to-1 dilution within a distance not in
11 excess of two times the natural water depth at the point of
12 discharge under all flow conditions; and
13 3. The point of discharge is located at a reasonably
14 accessible point that minimizes water quality impacts to the
15 greatest extent possible.
16 (b) The presumption in paragraph (a) may be overcome
17 only by a demonstration that one or more of the following
18 conditions is present:
19 1. The discharge will be made directly into an
20 Outstanding Florida Water, except as provided in chapter
21 90-262, Laws of Florida;
22 2. The discharge will be made directly to Class I or
23 Class II waters;
24 3. The discharge will be made to a water body having a
25 total maximum daily load established by the department and the
26 discharge will cause or contribute to a violation of the
27 established load;
28 4. The discharge fails to meet the requirements of the
29 antidegradation policy contained in the department rules;
30 5. The discharge will be made to a sole-source
31 aquifer;
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1 6. The discharge fails to meet applicable surfacewater
2 and groundwater quality standards; or
3 7. The results of any toxicity test performed by the
4 applicant under paragraph (d) or by the department indicate
5 that the discharge does not meet toxicity requirements at the
6 boundary of the mixing zone under subparagraph (a)2.
7 (c) If one or more of the conditions in paragraph (b)
8 has been demonstrated, the department may:
9 1. Require more stringent effluent limitations;
10 2. Require relocation of the discharge point or a
11 change in the method of discharge;
12 3. Limit the duration or volume of the discharge; or
13 4. Prohibit the discharge if there is no alternative
14 that meets the conditions of subparagraphs 1.-3.
15 (d) For facilities owned by small water utility
16 businesses, the department may not:
17 1. Require those businesses to perform toxicity
18 testing at other than the time of permit application, permit
19 renewal, or any requested permit modification, unless the
20 initial toxicity test or any subsequent toxicity test
21 performed by the department does not meet toxicity
22 requirements.
23 2. Require those businesses to obtain a
24 water-quality-based effluent limitation determination.
25 (7) The department may adopt additional rules for the
26 regulation of demineralization and to administer this section
27 and s. 403.061(11)(b).
28 Section 8. Paragraph (b) of subsection (11) of section
29 403.061, Florida Statutes, is amended to read:
30 403.061 Department; powers and duties.--The department
31 shall have the power and the duty to control and prohibit
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1 pollution of air and water in accordance with the law and
2 rules adopted and promulgated by it and, for this purpose, to:
3 (11) Establish ambient air quality and water quality
4 standards for the state as a whole or for any part thereof,
5 and also standards for the abatement of excessive and
6 unnecessary noise. The department is authorized to establish
7 reasonable zones of mixing for discharges into waters.
8 (b) No mixing zone for point source discharges shall
9 be permitted in Outstanding Florida Waters except for:
10 1. Sources that which have received permits from the
11 department prior to April 1, 1982, or the date of designation,
12 whichever is later;
13 2. Blowdown from new power plants certified pursuant
14 to the Florida Electrical Power Plant Siting Act; and
15 3. Discharges of water necessary for water management
16 purposes that which have been approved by the governing board
17 of a water management district and, if required by law, by the
18 secretary; and.
19 4. The discharge of demineralization concentrate which
20 has been determined permittable under s. 403.0882 and which
21 meets the specific provisions of s. 403.0882(4)(a) and (b), if
22 the proposed discharge is clearly in the public interest.
23
24 Nothing in this act shall be construed to invalidate any
25 existing department rule relating to mixing zones. The
26 department shall cooperate with the Department of Highway
27 Safety and Motor Vehicles in the development of regulations
28 required by s. 316.272(1).
29 Section 9. Subsections (2), (4), and (17) of section
30 403.852, Florida Statutes, are amended, and subsection (18) is
31 added to that section to read:
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1 403.852 Definitions; ss. 403.850-403.864.--As used in
2 ss. 403.850-403.864:
3 (2) "Public water system" means a community,
4 nontransient noncommunity, or noncommunity system for the
5 provision to the public of piped water for human consumption
6 through pipes or other constructed conveyances if, provided
7 that such system has at least 15 service connections or
8 regularly serves at least 25 individuals daily at least 60
9 days out of the year. A public water system is either a
10 community water system or a noncommunity water system. The
11 term "public water system" includes:
12 (a) Any collection, treatment, storage, and
13 distribution facility or facilities under control of the
14 operator of such system and used primarily in connection with
15 such system.
16 (b) Any collection or pretreatment storage facility or
17 facilities not under control of the operator of such system
18 but used primarily in connection with such system.
19 (4) "Noncommunity water system" means a public water
20 system that for provision to the public of piped water for
21 human consumption, which serves at least 25 individuals daily
22 at least 60 days out of the year, but which is not a community
23 water system; except that a water system for a wilderness
24 educational camp is a noncommunity water system. A
25 noncommunity water system is either a nontransient
26 noncommunity water system or a transient noncommunity water
27 system.
28 (17) "Nontransient noncommunity water system" means a
29 noncommunity public water system that is not a community water
30 system and that regularly serves at least 25 of the same
31 persons over 6 months per year.
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1 (18) "Transient noncommunity water system" means a
2 noncommunity water system that has at least 15 service
3 connections or regularly serves at least 25 persons daily at
4 least 60 days out of the year but that does not regularly
5 serve 25 or more of the same persons over 6 months per year.
6 Section 10. Subsections (1) and (6) of section
7 403.853, Florida Statutes, are amended to read:
8 403.853 Drinking water standards.--
9 (1) The department shall adopt and enforce:
10 (a)1. State primary drinking water regulations that
11 shall be no less stringent at any given time than the complete
12 interim or revised national primary drinking water regulations
13 in effect at such time; and
14 2. State secondary drinking water regulations
15 patterned after the national secondary drinking water
16 regulations.
17 (b) Primary and secondary drinking water regulations
18 for nontransient noncommunity water systems and transient
19 noncommunity water systems, which shall be no more stringent
20 than the corresponding national primary or secondary drinking
21 water regulations in effect at such time, except that
22 nontransient, noncommunity systems shall monitor and comply
23 with additional primary drinking water regulations as
24 determined by the department.
25 (6) Upon the request of the owner or operator of a
26 transient noncommunity water system serving businesses, other
27 than restaurants or other public food service establishments,
28 and using groundwater as a source of supply, the department,
29 or a local county health department designated by the
30 department, shall perform a sanitary survey of the facility.
31 Upon receipt of satisfactory survey results according to
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1 department criteria, the department shall reduce the
2 requirements of such owner or operator from monitoring and
3 reporting on a quarterly basis to performing these functions
4 on an annual basis. Any revised monitoring and reporting
5 schedule approved by the department under this subsection
6 shall apply until such time as a violation of applicable state
7 or federal primary drinking water standards is determined by
8 the system owner or operator, by the department, or by an
9 agency designated by the department, after a random or routine
10 sanitary survey. Certified operators are not required for
11 transient noncommunity water systems of the type and size
12 covered by this subsection. Any reports required of such
13 system shall be limited to the minimum as required by federal
14 law. When not contrary to the provisions of federal law, the
15 department may, upon request and by rule, waive additional
16 provisions of state drinking water regulations for such
17 systems.
18 Section 11. Subsection (3) of section 403.8532,
19 Florida Statutes, is amended to read:
20 403.8532 Drinking water state revolving loan fund;
21 use; rules.--
22 (3) The department is authorized to make loans to
23 community water systems, nonprofit transient noncommunity
24 water systems, and nonprofit nontransient noncommunity water
25 systems to assist them in planning, designing, and
26 constructing public water systems, unless such public water
27 systems are for-profit privately owned or investor-owned
28 systems that regularly serve 1,500 service connections or more
29 within a single certified or franchised area. However, a
30 for-profit privately owned or investor-owned public water
31 system that regularly serves 1,500 service connections or more
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1 within a single certified or franchised area may qualify for a
2 loan only if the proposed project will result in the
3 consolidation of two or more public water systems. The
4 department is authorized to provide loan guarantees, to
5 purchase loan insurance, and to refinance local debt through
6 the issue of new loans for projects approved by the
7 department. Public water systems are authorized to borrow
8 funds made available pursuant to this section and may pledge
9 any revenues or other adequate security available to them to
10 repay any funds borrowed. The department shall administer
11 loans so that amounts credited to the Drinking Water Revolving
12 Loan Trust Fund in any fiscal year are reserved for the
13 following purposes:
14 (a) At least 15 percent to qualifying small public
15 water systems.
16 (b) Up to 15 percent to qualifying financially
17 disadvantaged communities.
18 (c) However, if an insufficient number of the projects
19 for which funds are reserved under this paragraph have been
20 submitted to the department at the time the funding priority
21 list authorized under this section is adopted, the reservation
22 of these funds shall no longer apply. The department may
23 award the unreserved funds as otherwise provided in this
24 section.
25 Section 12. Subsections (4), (5), and (8) of section
26 403.854, Florida Statutes, are amended to read:
27 403.854 Variances, exemptions, and waivers.--
28 (4)(a) The department shall, except upon a showing of
29 good cause, waive on a case-by-case basis any disinfection
30 chlorination requirement applicable to transient noncommunity
31 water systems using groundwater as a source of supply upon an
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1 affirmative showing by the supplier of water that no hazard to
2 health will result. This showing shall be based upon the
3 following:
4 1. The completion of a satisfactory sanitary survey;
5 2. The history of the quality of water provided by the
6 system and monthly monitoring tests for bacteriological
7 contamination;
8 3. Evaluation of the well and the site on which it is
9 located, including geology, depth of well, casing, grouting,
10 and other relevant factors which have an impact on the quality
11 of water supplied; and
12 4. The number of connections and size of the
13 distribution system.
14 (b) The department may as a condition of waiver
15 require a monitoring program of sufficient frequency to assure
16 that safe drinking water standards are being met.
17 (5) The department shall, except upon a showing of
18 good cause, waive on a case-by-case basis any requirement for
19 a certified operator for a transient nontransient noncommunity
20 or noncommunity water system using groundwater as a source of
21 supply having a design flow of less than 10,000 gallons per
22 day upon an affirmative showing by the supplier of water that
23 the system can be properly maintained without a certified
24 operator. The department shall consider:
25 (a) The results of a sanitary survey if deemed
26 necessary;
27 (b) The operation and maintenance records for the year
28 preceding an application for waiver;
29 (c) The adequacy of monitoring procedures for maximum
30 contaminant levels included in primary drinking water
31 regulations;
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1 (d) The feasibility of the supplier of water becoming
2 a certified operator; and
3 (e) Any threat to public health that could result from
4 nonattendance of the system by a certified operator.
5 (8) Neither the department nor any of its employees
6 shall be held liable for money damages for any injury,
7 sickness, or death sustained by any person as a result of
8 drinking water from any transient noncommunity water system
9 granted a waiver under subsection (4) or subsection (5).
10 Section 13. Section 403.865, Florida Statutes, is
11 amended to read:
12 403.865 Water and wastewater facility personnel;
13 legislative purpose.--The Legislature finds that the threat to
14 the public health and the environment from the operation of
15 water and wastewater treatment plants and water distribution
16 systems mandates that qualified personnel operate these
17 facilities. It is the legislative intent that any person who
18 performs the duties of an operator and who falls below minimum
19 competency or who otherwise presents a danger to the public be
20 prohibited from operating a plant or system in this state.
21 Section 14. Subsection (5) of section 403.866, Florida
22 Statutes, is amended to read:
23 403.866 Definitions; ss. 403.865-403.876.--As used in
24 ss. 403.865-403.876, the term:
25 (5) "Water distribution system" means those components
26 of a public water system used in conveying water for human
27 consumption from the water treatment plant to the consumer's
28 property, including pipes, tanks, pumps, pipelines, conduits,
29 pumping stations, and all other constructed conveyances
30 structures, devices, appurtenances, and facilities used
31 specifically for such purpose.
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1 Section 15. Section 403.867, Florida Statutes, is
2 amended to read:
3 403.867 License required.--A person may not perform
4 the duties of an operator of a water treatment plant, water
5 distribution system, or a domestic wastewater treatment plant
6 unless he or she holds a current operator's license issued by
7 the department.
8 Section 16. Subsection (1) of section 403.872, Florida
9 Statutes, is amended to read:
10 403.872 Requirements for licensure.--
11 (1) Any person desiring to be licensed as a water
12 treatment plant operator, a water distributions system
13 operator, or a domestic wastewater treatment plant operator
14 must apply to the department to take the licensure
15 examination.
16 Section 17. Paragraphs (a), (b), and (f) of subsection
17 (1) of section 403.875, Florida Statutes, are amended to read:
18 403.875 Prohibitions; penalties.--
19 (1) A person may not:
20 (a) Perform the duties of an operator of a water
21 treatment plant, water distribution system, or domestic
22 wastewater treatment plant unless he or she is licensed under
23 ss. 403.865-403.876.
24 (b) Use the name or title "water treatment plant
25 operator," "water distribution system operator," or "domestic
26 wastewater treatment plant operator" or any other words,
27 letters, abbreviations, or insignia indicating or implying
28 that he or she is an operator, or otherwise holds himself or
29 herself out as an operator, unless the person is the holder of
30 a valid license issued under ss. 403.865-403.876.
31
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1 (f) Employ unlicensed persons to perform the duties of
2 an operator of a water treatment or domestic wastewater
3 treatment plant or a water distribution system.
4 Section 18. Subsection (1) of section 403.88, Florida
5 Statutes, is amended to read:
6 403.88 Classification of water and wastewater
7 treatment facilities and facility operators.--
8 (1) The department shall classify water treatment
9 plants, and wastewater treatment plants, and water
10 distribution systems by size, complexity, and level of
11 treatment necessary to render the wastewater or source water
12 suitable for its intended purpose in compliance with this
13 chapter and department rules.
14 Section 19. The Department of Environmental Protection
15 in cooperation with the Santa Rosa Shores Homeowners
16 Association shall develop a proposal for dredging of a single
17 access channel connected to the existing channels and canals
18 within Santa Rosa Shores, Santa Rosa County, and extending to
19 navigable depths in Santa Rosa Sound. The proposal shall
20 include a plan of mitigation for offsetting adverse impacts of
21 the dredging, a plan for disposing of dredged materials, a
22 plan for protecting water quality and sea grass habitat during
23 dredging, a plan for long-term maintenance of the channel, and
24 a plan for inspection and study of the project, with annual
25 progress reports to be prepared by the Santa Rosa Shores
26 Homeowners Association for submittal to the Department of
27 Environmental Protection. The Santa Rosa Shores Homeowners
28 Association shall be responsible for the payment of costs
29 involved with the project and for submitting all required
30 applications required to authorize the project. Santa Rosa
31 Shores Homeowners Association and the Department of
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1 Environmental Protection may contract with the University of
2 West Florida to provide the necessary monitoring services and
3 reports. The Department of Environmental Protection shall
4 assist in expediting the processing of the required state
5 dredge and fill permit, and any associated authorizations
6 required from the Board of Trustees and the United States Army
7 Corps of Engineers. The Department of Environmental
8 Protection shall assist the Santa Rosa Shores Homeowners
9 Association in developing project criteria, including but not
10 limited to: the length, width, and depth of the access
11 channel; where and how material is to be excavated and
12 disposed; the method for protecting water quality and sea
13 grass habitat; long-term maintenance of the channel as needed;
14 mitigation design; and design of the monitoring and reporting
15 program.
16 Section 20. Subsection (10) of section 20.255, Florida
17 Statutes, is amended to read:
18 20.255 Department of Environmental Protection.--There
19 is created a Department of Environmental Protection.
20 (10) There is created as a part of the Department of
21 Environmental Protection an Environmental Regulation
22 Commission. The commission shall be composed of seven
23 residents of this state appointed by the Governor, subject to
24 confirmation by the Senate. In making appointments, the
25 Governor shall provide reasonable representation from all
26 sections of the state. The commission shall include one, but
27 not more than two, members from each water management district
28 who have resided in the district for at least 1 year, and the
29 remainder shall be selected from the state at large.
30 Membership shall be representative of agriculture, the
31 development industry, local government, the environmental
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1 community, lay citizens, and members of the scientific and
2 technical community who have substantial expertise in the
3 areas of the fate and transport of water pollutants,
4 toxicology, epidemiology, geology, biology, environmental
5 sciences, or engineering. The Governor shall appoint the
6 chair, and the vice chair shall be elected from among the
7 membership. The members serving on the commission on July 1,
8 1995, shall continue to serve on the commission for the
9 remainder of their current terms. All appointments thereafter
10 shall continue to be for 4-year terms. The Governor may at any
11 time fill a vacancy for the unexpired term. The members of the
12 commission shall serve without compensation, but shall be paid
13 travel and per diem as provided in s. 112.061 while in the
14 performance of their official duties. Administrative,
15 personnel, and other support services necessary for the
16 commission shall be furnished by the department.
17 Section 21. Subsection (5) is added to section
18 403.088, Florida Statutes, to read:
19 403.088 Water pollution operation permits;
20 conditions.--
21 (5)(a) A person permitted under this section shall
22 report to the department, upon discovery, any noncompliance
23 that may endanger public health or the
24 environment. Notification shall be provided orally to the
25 department immediately after notification of appropriate local
26 health and emergency management authorities. A written report
27 detailing the noncompliance circumstances and actions taken to
28 resolve the noncompliance also shall be provided to the
29 department within five days of discovery unless the department
30 waives the report.
31 (b) The department may adopt rules to:
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1 1. Specify the circumstances of noncompliance that
2 warrant notification, including but not limited to bypasses,
3 upsets, violations of permitted discharge limits, and
4 unauthorized discharges to surface or ground waters;
5 2. Specify the information to be included in oral and
6 written notifications of noncompliance;
7 3. Specify the persons to be notified of noncompliance
8 and the manner of notification, with consideration given to
9 use of the statewide emergency response system;
10 4. Specify any follow-up actions necessary to ensure
11 resolution of the noncompliance and prevention of future
12 noncompliance; and
13 5. Otherwise carry out the purposes of this
14 subsection.
15 (c) Until such rules are implemented, the department
16 shall notify all affected permittees about the existing
17 statewide toll-free emergency management communications system
18 and other appropriate means of reporting the instances of
19 noncompliance identified in this subsection.
20 Section 22. Paragraph (c) of subsection (1), paragraph
21 (a) of subsection (2), and subsection (8) of section 201.15,
22 Florida Statutes, are amended to read:
23 201.15 Distribution of taxes collected.--All taxes
24 collected under this chapter shall be distributed as follows
25 and shall be subject to the service charge imposed in s.
26 215.20(1), except that such service charge shall not be levied
27 against any portion of taxes pledged to debt service on bonds
28 to the extent that the amount of the service charge is
29 required to pay any amounts relating to the bonds:
30
31
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1 (1) Sixty-two and sixty-three hundredths percent of
2 the remaining taxes collected under this chapter shall be used
3 for the following purposes:
4 (c) The remainder of the moneys distributed under this
5 subsection, after the required payments under paragraphs (a)
6 and (b), shall be paid into the State Treasury to the credit
7 of the General Revenue Fund of the state to be used and
8 expended for the purposes for which the General Revenue Fund
9 was created and exists by law or to the Ecosystem Management
10 and Restoration Trust Fund or to the Marine Resource
11 Conservation Trust Fund as provided in subsection (8).
12 (2) Seven and fifty-six hundredths percent of the
13 remaining taxes collected under this chapter shall be used for
14 the following purposes:
15 (a) Beginning in the month following the final payment
16 for a fiscal year under paragraph (1)(b), available moneys
17 shall be paid into the State Treasury to the credit of the
18 General Revenue Fund of the state to be used and expended for
19 the purposes for which the General Revenue Fund was created
20 and exists by law or to the Ecosystem Management and
21 Restoration Trust Fund or to the Marine Resource Conservation
22 Trust Fund as provided in subsection (8). Payments made under
23 this paragraph shall continue until the cumulative amount
24 credited to the General Revenue Fund for the fiscal year under
25 this paragraph equals the cumulative payments made under
26 paragraph (1)(b) for the same fiscal year.
27 (8) From the moneys specified in paragraphs (1)(c) and
28 (2)(a) and prior to deposit of any moneys into the General
29 Revenue Fund, $30 $10 million shall be paid into the State
30 Treasury to the credit of the Ecosystem Management and
31 Restoration Trust Fund in fiscal year 1998-1999, $20 million
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1 in fiscal year 1999-2000, and $30 million in fiscal year
2 2000-2001 and each fiscal year thereafter, to be used for the
3 preservation and repair of the state's beaches as provided in
4 ss. 161.091-161.212 and $2 million shall be paid into the
5 State Treasury to the credit of the Marine Resources
6 Conservation Trust Fund to be used for marine mammal care as
7 provided in s. 370.0603(3).
8 Section 23. Effective July 1, 2001, paragraph (c) of
9 subsection (1), paragraph (a) of subsection (2), and
10 subsection (11) of section 201.15, Florida Statutes, as
11 amended by section 2 of chapter 99-247, Laws of Florida, are
12 amended to read:
13 201.15 Distribution of taxes collected.--All taxes
14 collected under this chapter shall be distributed as follows
15 and shall be subject to the service charge imposed in s.
16 215.20(1), except that such service charge shall not be levied
17 against any portion of taxes pledged to debt service on bonds
18 to the extent that the amount of the service charge is
19 required to pay any amounts relating to the bonds:
20 (1) Sixty-two and sixty-three hundredths percent of
21 the remaining taxes collected under this chapter shall be used
22 for the following purposes:
23 (c) The remainder of the moneys distributed under this
24 subsection, after the required payments under paragraph (a),
25 shall be paid into the State Treasury to the credit of the
26 General Revenue Fund of the state to be used and expended for
27 the purposes for which the General Revenue Fund was created
28 and exists by law or to the Ecosystem Management and
29 Restoration Trust Fund or to the Marine Resources Conservation
30 Trust Fund as provided in subsection (11).
31
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1 (2) Seven and fifty-six hundredths percent of the
2 remaining taxes collected under this chapter shall be used for
3 the following purposes:
4 (a) Beginning in the month following the final payment
5 for a fiscal year under paragraph (1)(b), available moneys
6 shall be paid into the State Treasury to the credit of the
7 General Revenue Fund of the state to be used and expended for
8 the purposes for which the General Revenue Fund was created
9 and exists by law or to the Ecosystem Management and
10 Restoration Trust Fund or to the Marine Resources Conservation
11 Trust Fund as provided in subsection (11). Payments made under
12 this paragraph shall continue until the cumulative amount
13 credited to the General Revenue Fund for the fiscal year under
14 this paragraph equals the cumulative payments made under
15 paragraph (1)(b) for the same fiscal year.
16 (11) From the moneys specified in paragraphs (1)(c)
17 and (2)(a) and prior to deposit of any moneys into the General
18 Revenue Fund, $30 $10 million shall be paid into the State
19 Treasury to the credit of the Ecosystem Management and
20 Restoration Trust Fund in fiscal year 1998-1999, $20 million
21 in fiscal year 1999-2000, and $30 million in fiscal year
22 2000-2001 and each fiscal year thereafter, to be used for the
23 preservation and repair of the state's beaches as provided in
24 ss. 161.091-161.212 and $2 million shall be paid into the
25 State Treasury to the credit of the Marine Resources
26 Conservation Trust Fund to be used for marine mammal care as
27 provided in s. 370.0603(3).
28 Section 24. Subsection (11) of section 328.72, Florida
29 Statutes, is amended to read:
30
31
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1 328.72 Classification; registration; fees and charges;
2 surcharge; disposition of fees; fines; marine turtle
3 stickers.--
4 (11) VOLUNTARY CONTRIBUTIONS.--The application form
5 for boat registration shall include a provision to allow each
6 applicant to indicate a desire to pay an additional voluntary
7 contribution to the Save the Manatee Trust Fund for manatee
8 and marine mammal research, protection, recovery, rescue,
9 rehabilitation, and release. This contribution shall be in
10 addition to all other fees and charges. The amount of the
11 request for a voluntary contribution solicited shall be $2 or
12 $5 per registrant. A registrant who provides a voluntary
13 contribution of $5 or more shall be given a sticker or emblem
14 by the tax collector to display, which signifies support for
15 the Save the Manatee Trust Fund. All voluntary contributions
16 shall be deposited in the Save the Manatee Trust Fund for use
17 according to this subsection. The first $2 of Voluntary
18 contribution by a vessel registrant shall be available for the
19 manatee protection and recovery effort pursuant to s.
20 370.12(4) s. 370.12(4)(a). Any additional amount of voluntary
21 contribution by a vessel registrant shall also be for the
22 purpose of the manatee protection and recovery effort, except
23 that any voluntary contribution in excess of the first $2
24 voluntary contribution by a vessel registrant but not
25 exceeding $2 shall be available for manatee rehabilitation by
26 those facilities approved to rescue, rehabilitate, and release
27 manatees pursuant to s. 370.12(4)(b). The form shall also
28 include language permitting a voluntary contribution of $5 per
29 applicant, which contribution shall be transferred into the
30 Election Campaign Financing Trust Fund. A statement providing
31
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1 an explanation of the purpose of the trust fund shall also be
2 included.
3 Section 25. Subsection (1) of section 328.76, is
4 amended to read:
5 328.76 Marine Resources Conservation Trust Fund;
6 vessel registration funds; appropriation and distribution.--
7 (1) Except as otherwise specified and less any
8 administrative costs, all funds collected from the
9 registration of vessels through the Department of Highway
10 Safety and Motor Vehicles and the tax collectors of the state
11 shall be deposited in the Marine Resources Conservation Trust
12 Fund for recreational channel marking; public launching
13 facilities; law enforcement and quality control programs;
14 aquatic weed control; manatee protection, recovery, rescue,
15 rehabilitation, and release; and marine mammal protection and
16 recovery. The funds collected pursuant to s. 328.72(1) shall
17 be transferred as follows:
18 (a) In each fiscal year, an amount equal to $1.50 $1
19 for each vessel registered in this state shall be transferred
20 to the Save the Manatee Trust Fund for manatee and marine
21 mammal research, protection, and recovery in accordance with
22 the provisions of s. 370.12(4)(a).
23 (b) In addition, in each fiscal year, an amount equal
24 to 50 cents for each vessel registered in this state shall be
25 transferred to the Save the Manatee Trust Fund in accordance
26 with the provisions of s. 370.12(4)(b) for use by those
27 facilities approved to rescue, rehabilitate, and release
28 manatees as authorized pursuant to the Fish and Wildlife
29 Service of the United States Department of the Interior.
30 (b)(c) Two dollars from each noncommercial vessel
31 registration fee, except that for class A-1 vessels, shall be
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1 transferred to the Invasive Plant Control Trust Fund for
2 aquatic weed research and control.
3 (c)(d) Forty percent of the registration fees from
4 commercial vessels shall be used for law enforcement and
5 quality control programs.
6 (d)(e) Forty percent of the registration fees from
7 commercial vessels shall be transferred to the Invasive Plant
8 Control Trust Fund for aquatic plant research and control.
9 Section 26. Subsection (3) is added to section
10 370.0603, Florida Statutes, to read:
11 370.0603 Marine Resources Conservation Trust Fund;
12 purposes.--
13 (3) Funds provided to the Marine Resources
14 Conservation Trust Fund from taxes distributed under s.
15 201.15(9), shall be used for the following purposes:
16 (a) To reimburse the cost of activities authorized
17 pursuant to the Fish and Wildlife Service of the United States
18 Department of the Interior. Such facilities must be involved
19 in the actual rescue and full-time acute care
20 veterinarian-based rehabilitation of manatees. The cost of
21 activities includes, but is not limited to, costs associated
22 with expansion, capital outlay, repair, maintenance, and
23 operation related to the rescue, treatment, stabilization,
24 maintenance, release, and monitoring of manatees. Moneys
25 distributed through the contractual agreement to each facility
26 for manatee rehabilitation must be proportionate to the number
27 of manatees under acute care rehabilitation; the number of
28 maintenance days medically necessary in the facility; and the
29 number released during the previous fiscal year. The
30 commission may set a cap on the total amount reimbursed per
31 manatee per year.
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1 (b) For training on the care, treatment, and
2 rehabilitation of marine mammals at the Whitney Laboratory and
3 the Veterinary School of Medicine at the University of
4 Florida.
5 (c) For program administration costs of the agency.
6 (d) Funds not distributed in any 1 fiscal year must be
7 carried over for distribution in subsequent years.
8 Section 27. Subsection (4) of section 370.12, Florida
9 Statutes, is amended to read:
10 370.12 Marine animals; regulation.--
11 (4) ANNUAL FUNDING OF PROGRAMS FOR MARINE ANIMALS.--
12 (a) Each fiscal year the Save the Manatee Trust Fund
13 shall be available to fund an impartial scientific benchmark
14 census of the manatee population in the state. Weather
15 permitting, the study shall be conducted annually by the Fish
16 and Wildlife Conservation Commission and the results shall be
17 made available to the President of the Senate, the Speaker of
18 the House of Representatives, and the Governor and Cabinet for
19 use in the evaluation and development of manatee protection
20 measures. In addition, the Save the Manatee Trust Fund shall
21 be available for annual funding of activities of public and
22 private organizations and those of the commission intended to
23 provide manatee and marine mammal protection and recovery
24 effort; manufacture and erection of informational and
25 regulatory signs; production, publication, and distribution of
26 educational materials; participation in manatee and marine
27 mammal research programs, including carcass salvage and other
28 programs; programs intended to assist the recovery of the
29 manatee as an endangered species, assist the recovery of the
30 endangered or threatened marine mammals, and prevent the
31 endangerment of other species of marine mammals; and other
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1 similar programs intended to protect and enhance the recovery
2 of the manatee and other species of marine mammals. The
3 commission shall annually solicit advisory recommendations
4 from the Save the Manatee Committee affiliated with the Save
5 the Manatee Club, as identified and recognized in Executive
6 Order 85-19, on the use of funds from the Save the Manatee
7 Trust Fund.
8 (b) Each fiscal year moneys in the Save the Manatee
9 Trust Fund shall also be used, pursuant to s. 328.76(1)(b), to
10 reimburse the cost of activities related to manatee
11 rehabilitation by facilities that rescue, rehabilitate, and
12 release manatees as authorized pursuant to the Fish and
13 Wildlife Service of the United States Department of the
14 Interior. Such facilities must be involved in the actual
15 rescue and full-time acute care veterinarian-based
16 rehabilitation of manatees. The cost of activities includes,
17 but is not limited to, costs associated with expansion,
18 capital outlay, repair, maintenance, and operations related to
19 the rescue, treatment, stabilization, maintenance, release,
20 and monitoring of manatees. Moneys distributed through
21 contractual agreement to each facility for manatee
22 rehabilitation shall be proportionate to the number of
23 manatees under acute care rehabilitation and those released
24 during the previous fiscal year. However, the reimbursement
25 may not exceed the total amount available pursuant to ss.
26 328.72(11) and 328.76(1)(b) for the purposes provided in this
27 paragraph. Prior to receiving reimbursement for the expenses
28 of rescue, rehabilitation, and release, a facility that
29 qualifies under state and federal regulations shall submit a
30 plan to the Fish and Wildlife Conservation Commission for
31 assisting the commission and the Department of Highway Safety
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1 and Motor Vehicles in marketing the manatee specialty license
2 plates. At a minimum, the plan shall include provisions for
3 graphics, dissemination of brochures, recorded oral and visual
4 presentation, and maintenance of a marketing exhibit. The plan
5 shall be updated annually, and the Fish and Wildlife
6 Conservation Commission shall inspect each marketing exhibit
7 at least once each year to ensure the quality of the exhibit
8 and promotional material. Each facility that receives funds
9 for manatee rehabilitation shall annually provide the
10 commission a written report, within 30 days after the close of
11 the state fiscal year, documenting the efforts and
12 effectiveness of the facility's promotional activities.
13 (b)(c) By December 1 each year, the Fish and Wildlife
14 Conservation Commission shall provide the President of the
15 Senate and the Speaker of the House of Representatives a
16 written report, enumerating the amounts and purposes for which
17 all proceeds in the Save the Manatee Trust Fund for the
18 previous fiscal year are expended, in a manner consistent with
19 those recovery tasks enumerated within the manatee recovery
20 plan as required by the Endangered Species Act.
21 (c)(d) When the federal and state governments remove
22 the manatee from status as an endangered or threatened
23 species, the annual allocation may be reduced.
24 Section 28. Section 163.065, Florida Statutes, is
25 created to read:
26 163.065 Miami River Improvement Act.--
27 (1) SHORT TITLE.--This section may be cited as the
28 "Miami River Improvement Act."
29 (2) FINDINGS; PURPOSE.--
30 (a) The Miami River Commission was created by chapter
31 98-402, Laws of Florida, to be the official coordinating
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1 clearinghouse for all public policy and projects related to
2 the Miami River.
3 (b) The United States Congress has provided funding
4 for an initial federal share of 80 percent for the
5 environmental and navigational improvements to the Miami
6 River. The governments of the City of Miami and Miami-Dade
7 County are coordinating with the Legislature and the Florida
8 Department of Environmental Protection to determine how the 20
9 percent local share will be provided.
10 (c) Successful revitalizing and sustaining the urban
11 redevelopment of the areas adjacent to the Miami River is
12 dependent on addressing, through an integrated and coordinated
13 intergovernmental plan, a range of varied components essential
14 to a healthy urban environment, including cultural,
15 recreational, economic, and transportation components.
16 (d) The purpose of this section is to ensure a
17 coordinated federal, state, regional, and local effort to
18 improve the Miami River and adjacent areas.
19 (3) AGENCY ASSISTANCE.--All state and regional
20 agencies shall provide all available assistance to the Miami
21 River Commission in the conduct of its activities.
22 (4) PLAN.--The Miami River Commission, working with
23 the City of Miami and Miami-Dade County, shall consider the
24 merits of the following:
25 (a) Development and adoption of an urban infill and
26 redevelopment plan, under ss. 163.2511-163.2526, and
27 participating state and regional agencies shall review the
28 proposed plan for the purposes of consistency with applicable
29 law.
30 (b) Development of a greenway/riverwalk and blueway,
31 where appropriate, as authorized in s. 260.101, to provide an
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1 attractive and safe connector system of bicycle, pedestrian,
2 and transit routes and water taxis to link jobs, waterfront
3 amenities, and people, and contribute to the comprehensive
4 revitalization of the Miami River.
5 Section 29. The sum of $2 million is appropriated to
6 the Fish and Wildlife Conservation Commission from the Marine
7 Resources Conservation Trust Fund beginning in fiscal year
8 2000-2001 to be expended as follows: $810,000 for training in
9 the care of marine mammals at the Whitney Laboratory and the
10 Veterinary School of Medicine at the University of Florida, up
11 to $1,150,000 for the care of marine mammals at licensed
12 research facilities pursuant to section 370.0603(3), Florida
13 Statutes, and up to $40,000 for program administration costs
14 of the agency.
15 Section 30. Section 373.200, Florida Statutes, is
16 created to read:
17 373.200 Seminole Tribe Water Rights Compact.--Pursuant
18 to the provisions of s. 285.165, the South Florida Water
19 Management District is authorized to act in accordance with
20 the Seminole Tribe Water Rights Compact incorporated by
21 reference therein.
22 Section 31. Paragraph (b) of subsection (2) of section
23 403.813, Florida Statutes, is amended to read:
24 403.813 Permits issued at district centers;
25 exceptions.--
26 (2) No permit under this chapter, chapter 373, chapter
27 61-691, Laws of Florida, or chapter 25214 or chapter 25270,
28 1949, Laws of Florida, shall be required for activities
29 associated with the following types of projects; however,
30 nothing in this subsection relieves an applicant from any
31 requirement to obtain permission to use or occupy lands owned
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1 by the Board of Trustees of the Internal Improvement Trust
2 Fund or any water management district in its governmental or
3 proprietary capacity or from complying with applicable local
4 pollution control programs authorized under this chapter or
5 other requirements of county and municipal governments:
6 (b) The installation and repair of mooring pilings and
7 dolphins associated with private docking facilities or piers
8 and the installation of private docks, piers and recreational
9 docking facilities, or piers and recreational docking
10 facilities of local governmental entities when the local
11 governmental entity's activities will not take place in any
12 manatee habitat, any of which docks:
13 1. Has 500 square feet or less of over-water surface
14 area for a dock which is located in an area designated as
15 Outstanding Florida Waters or 1,000 square feet or less of
16 over-water surface area for a dock which is located in an area
17 which is not designated as Outstanding Florida Waters;
18 2. Is constructed on or held in place by pilings or is
19 a floating dock which is constructed so as not to involve
20 filling or dredging other than that necessary to install the
21 pilings;
22 3. Shall not substantially impede the flow of water or
23 create a navigational hazard;
24 4. Is used for recreational, noncommercial activities
25 associated with the mooring or storage of boats and boat
26 paraphernalia; and
27 5. Is the sole dock constructed pursuant to this
28 exemption as measured along the shoreline for a distance of 65
29 feet, unless the parcel of land or individual lot as platted
30 is less than 65 feet in length along the shoreline, in which
31 case there may be one exempt dock allowed per parcel or lot.
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1
2 Nothing in this paragraph shall prohibit the department from
3 taking appropriate enforcement action pursuant to this chapter
4 to abate or prohibit any activity otherwise exempt from
5 permitting pursuant to this paragraph if the department can
6 demonstrate that the exempted activity has caused water
7 pollution in violation of this chapter. With the exception of
8 existing regulations governing dock structures in aquatic
9 preserves or associated with undeveloped barrier islands or
10 condominiums, neither the department nor the Board of Trustees
11 of the Internal Improvement Trust Fund shall restrict the
12 number of vessels moored at private, single-family docks
13 exempted under this paragraph.
14 Section 32. This act shall take effect upon becoming a
15 law.
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