HB 1363 2003
1	CHAMBER ACTION
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6	The Committee on Natural Resources recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
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11	A bill to be entitled
12	An act relating to phosphate mining; amending s. 211.31, F.S.;
13	providing for the expenses of the administration of the
14	tax on severance of solid minerals, the Land Use Advisory
15	Committee, the reclamation or acquisition of nonmandatory lands,
16	and the Florida Institute of Phosphate Research; amending s.
17	211.3103, F.S.; revising the distribution of the excise tax on
18	the severance of phosphate rock; setting the tax rate for
19	specified periods; revising provisions with respect to
20	application of the tax to the total production of the producer;
21	revising dates with respect to calculation of the base rate
22	adjustment for phosphate rock; setting a minimum base-rate
23	limit; providing for review of the distribution of the tax by a
24	specified date; amending s. 215.20, F.S.; eliminating the
25	Phosphate Research Trust Fund and the Nonmandatory Land
26	Reclamation Trust Fund from among the enumerated trust funds
27	that contribute to the General Revenue Fund; amending s. 215.22,
28	F.S.; exempting the Phosphate Research Trust Fund, the
29	Conservation and Recreation Lands Trust Fund, the Minerals Trust
30	Fund, and the Nonmandatory Land Reclamation Trust Fund from
31	contribution to the General Revenue Fund required under s.
32	215.20, F.S.; amending s. 373.414, F.S.; revising conditions
33	under which wetlands reclamation activities for phosphate and
34	heavy minerals mining are considered appropriate mitigation
35	under pt. IV of ch. 373, F.S.; providing additional conditions
36	under which the governing board of a water management district
37	or the Department of Environmental Protection shall consider
38	phosphate mining activities to meet specified cumulative impact
39	requirements; amending s. 378.021, F.S.; requiring the
40	Department of Environmental Protection to amend the master
41	reclamation plan that provides guidelines for the reclamation of
42	specified lands mined or disturbed by the severance of phosphate
43	rock and not subject to mandatory reclamation; providing
44	additional criteria to be included in the amended master
45	reclamation plan; amending s. 378.031, F.S.; clarifying
46	provisions with respect to legislative intent to provide
47	economic incentives for reclamation or acquisition of
48	nonmandatory lands; amending s. 378.035, F.S.; revising
49	provisions relating to the use of funds in the Nonmandatory Land
50	Reclamation Trust Fund; deleting obsolete provisions; deleting
51	provisions relating to the deposit and use of funds derived from
52	registration fees under the phosphogypsum management program;
53	revising the date after which the Department of Environmental
54	Protection may not accept applications for nonmandatory land
55	reclamation programs; eliminating requirements with respect to a
56	specified report of the Bureau of Mine Reclamation; authorizing
57	the department to petition the State Board of Administration for
58	the issuance of bonds; setting a limit on the total amount of
59	such bonds; providing for use of revenues derived from such
60	bonds; amending s. 378.036, F.S.; authorizing specified entities
61	to form a nonprofit corporation the purpose of which includes
62	creating plans for and assisting in the development of
63	recreational opportunities on lands mined for phosphate;
64	providing composition, organization, and responsibilities of the
65	corporation; requiring a report; providing for dissolution of
66	the corporation; providing for reversion of funds and tangible
67	assets of the corporation; amending s. 378.101, F.S.; requiring
68	the Florida Institute of Phosphate Research to conduct a
69	specified bench and pilot scale study; providing an
70	appropriation to fund the study; amending s. 378.212, F.S.;
71	providing an additional reason for the granting of a variance
72	from pt. III of ch. 378, F.S., relating to phosphate land
73	reclamation; creating s. 403.0613, F.S., the "Environmental Good
74	Samaritan Act"; providing immunity from civil liability for
75	specified persons and entities in the event of a declared actual
76	or impending environmental emergency; providing applicability;
77	creating s. 403.162, F.S.; providing civil remedy to the
78	Department of Environmental Protection in the event that an
79	owner or operator fails to abate a release or threatened release
80	of any hazardous substance, pollutant, or contaminant, or abate
81	an imminent danger to the environment or to public health, and
82	the department expends a specified amount on such abatement;
83	providing procedure and requirements with respect thereto;
84	amending s. 403.4154, F.S.; providing a third degree felony
85	penalty for willfully, knowingly, or with reckless indifference
86	or gross carelessness issuing dividends or making other
87	distributions prior to correction of noncompliance with
88	departmental rules requiring demonstration of financial
89	responsibility with respect to closure of a phosphogypsum stack
90	or stack system; providing a specified fine and term of
91	imprisonment; providing that the failure of an owner or operator
92	of a phosphogypsum stack system to comply with department rules
93	requiring demonstration of financial responsibility with respect
94	to closure may be considered by the department as evidence that
95	a phosphogypsum stack poses an imminent hazard for purposes of
96	initiating actions to abate or reduce the hazard; deleting
97	provisions that provide for the refund of specified fee payments
98	to the owner of a closed phosphogypsum stack; requiring the
99	Department of Environmental Protection, by a specified date, to
100	initiate rulemaking to require that phosphogypsum stack system
101	operation plans be amended to add an interim stack system
102	management plan; providing plan requirements; requiring the
103	department, by a specified date, to initiate rulemaking to
104	require that general plans and schedules for the closure of
105	phosphogypsum stack systems include specified components;
106	requiring the department to revise specified administrative
107	rules to require the owner or operator of a phosphogypsum stack
108	system to demonstrate financial responsibility for the costs of
109	terminal closure in a manner that protects the environment and
110	the public health and safety; amending s. 403.4155, F.S.;
111	requiring the Department of Environmental Protection to revise
112	specified administrative rules to require the owner or operator
113	of a phosphogypsum stack system to demonstrate financial
114	responsibility for the costs of terminal closure of the
115	phosphogypsum stack system in a manner that protects the
116	environment and the public health and safety; providing minimum
117	requirements for such rules; providing severability; providing
118	effective dates.
119
120	Be It Enacted by the Legislature of the State of Florida:
121
122	Section 1. Subsection (4) of section 211.31, Florida
123	Statutes, is amended to read:
124	211.31 Levy of tax on severance of certain solid minerals;
125	rate, basis, and distribution of tax.--
126	(4) The expenses of administering this part and ss.
127	378.011, 378.021, 378.031, and 378.101 shall be borne by all
128	recipients of distributions from the phosphate severance tax.
129	The first 1 percent shall be paid to the department prior to the
130	distribution of funds as provided in s. 211.3103the Land
131	Reclamation Trust Fund, the Nonmandatory Land Reclamation Trust
132	Fund, and the Phosphate Research Trust Fund.
133	Section 2. Section 211.3103, Florida Statutes, is amended
134	to read:
135	211.3103 Levy of tax on severance of phosphate rock; rate,
136	basis, and distribution of tax.--
137	(1) There is hereby levied an excise tax upon every person
138	engaging in the business of severing phosphate rock from the
139	soils or waters of this state for commercial use. The tax shall
140	be collected, administered, and enforced by the department.
141	(2) Beginning July 1, 2003, the proceeds of all taxes,
142	interest, and penalties imposed under this section shall be paid
143	into the State Treasury as follows:
144	(a) The first $10 million of the revenue collected from
145	the tax during each fiscal year shall be paid to the credit of
146	the Conservation and Recreation Lands Trust Fund.
147	(b) Five million dollars of the revenue collected from the
148	tax during each fiscal year shall be applied to the purchase of
149	a surety bond or a policy of insurance, the proceeds of which
150	would pay the cost of restoration, reclamation, and cleanup of
151	any phosphogypsum stack system and phosphate mining activities
152	in the event that an operator or permittee thereof has been
153	subject to a final order of bankruptcy and all funds available
154	therefrom are determined to be inadequate to accomplish such
155	restoration, reclamation, and cleanup. Nothing in this section
156	shall be construed to imply that such operator or permittee is
157	thereby relieved of its obligations or relieved of any
158	liabilities pursuant to any other remedies at law,
159	administrative remedies, statutory remedies, or remedies
160	pursuant to bankruptcy law. The department shall adopt rules to
161	implement the provisions of this paragraph, including the
162	purchase and oversight of the bond or policy.
163	(c) The remaining revenue collected from the tax during
164	the fiscal year, after the required payment under paragraphs (a)
165	and (b), shall be paid into the State Treasury as follows:
166	1. To the credit of the Nonmandatory Land Reclamation
167	Trust Fund, 51 percent.
168	2. For payment to counties in proportion to the number of
169	tons of phosphate rock produced from a phosphate rock matrix
170	located within such political boundary, 25 percent. The
171	department shall distribute this portion of the proceeds
172	annually based on production information reported by the
173	producers on the annual returns for the taxable year.
174	3. To the credit of the General Revenue Fund of the state,
175	10 percent or $12 million, whichever is less.
176	4. To the credit of the Phosphate Research Trust Fund in
177	the Department of Education, Division of Universities, 9 percent
178	or $2.75 million, whichever is less.
179	5. To the credit of the Minerals Trust Fund, 5 percent or
180	$3 million, whichever is less.
181	(d) Funds distributed pursuant to subparagraph (c)2. shall
182	be used for the following purposes:
183	1. Planning, preparing, and financing of infrastructure
184	projects for job creation and capital investment, especially
185	those infrastructure projects related to industrial and
186	commercial sites. Infrastructure investments may include the
187	following public or public-private partnership facilities:
188	a. Stormwater systems;
189	b. Telecommunications facilities;
190	c. Roads or other remedies to transportation impediments;
191	d. Nature-based tourism facilities; or
192	e. Other physical requirements necessary to facilitate
193	trade and economic development activities.
194	2. Maximizing the use of federal, local, and private
195	resources, including, but not limited to, those available under
196	the Small Cities Community Development Block Grant Program.
197	3. Projects that improve inadequate infrastructure that
198	has resulted in regulatory action that prohibits economic or
199	community growth, provided such projects are related to specific
200	job creation or job retention opportunities.
201	(2) The proceeds of all taxes, interest, and penalties
202	imposed under this section shall be paid into the State Treasury
203	through June 30, 1995, as follows:
204	(a) The first $10 million in revenue collected from the
205	tax during each fiscal year shall be paid to the credit of the
206	Conservation and Recreation Lands Trust Fund.
207	(b) The remaining revenues collected from the tax during
208	that fiscal year, after the required payment under paragraph
209	(a), shall be paid into the State Treasury as follows:
210	1. To the credit of the General Revenue Fund of the state,
211	60 percent. However, from this amount the amounts of $7.4
212	million, $8.2 million, and $8.1 million, respectively, shall be
213	transferred to the Nonmandatory Land Reclamation Trust Fund on
214	January 1, 1993, January 1, 1994, and January 1, 1995.
215	2. To the credit of the Nonmandatory Land Reclamation
216	Trust Fund which is established for reclamation and acquisition
217	of unreclaimed lands disturbed by phosphate mining and not
218	subject to mandatory reclamation, 20 percent.
219	3. To the credit of the Phosphate Research Trust Fund in
220	the Department of Education, Division of Universities, to carry
221	out the purposes set forth in s. 378.101, 10 percent.
222	4. For payment to counties in proportion to the number of
223	tons of phosphate rock produced from a phosphate rock matrix
224	located within such political boundary, 10 percent. The
225	department shall distribute this portion of the proceeds
226	annually based on production information reported by producers
227	on the annual returns for the taxable year. Any such proceeds
228	received by a county shall be used only for phosphate-related
229	expenses.
230	(3) Beginning July 1, 1995, the proceeds of all taxes,
231	interest, and penalties imposed under this section shall be paid
232	into the State Treasury as follows:
233	(a) The first $10 million in revenue collected from the
234	tax during each fiscal year shall be paid to the credit of the
235	Conservation and Recreation Lands Trust Fund.
236	(b) The remaining revenues collected from the tax during
237	that fiscal year, after the required payment under paragraph
238	(a), shall be paid into the State Treasury as follows:
239	1. To the credit of the General Revenue Fund of the state,
240	58 percent.
241	2. To the credit of the Nonmandatory Land Reclamation
242	Trust Fund for reclamation and acquisition of unreclaimed lands
243	disturbed by phosphate mining and not subject to mandatory
244	reclamation, 14.5 percent.
245	3. To the credit of the Phosphate Research Trust Fund in
246	the Department of Education, Division of Universities, to carry
247	out the purposes set forth in s. 378.101, 10 percent.
248	4. For payment to counties in proportion to the number of
249	tons of phosphate rock produced from a phosphate rock matrix
250	located within such political boundary, 10 percent. The
251	department shall distribute this portion of the proceeds
252	annually based on production information reported by producers
253	on the annual returns for the taxable year. Any such proceeds
254	received by a county shall be used only for phosphate-related
255	expenses.
256	5. To the credit of the Minerals Trust Fund, 7.5 percent.
257	(4) If the base rate is reduced pursuant to paragraph
258	(5)(c), then the proceeds of the tax shall be paid into the
259	State Treasury as follows:
260	(a) The first $10 million in revenue collected from the
261	tax during each fiscal year shall be paid to the credit of the
262	Conservation and Recreation Lands Trust Fund.
263	(b) The remaining revenues collected from the tax during
264	that fiscal year, after the required payment under paragraph
265	(a), shall be paid into the State Treasury as follows:
266	1. To the credit of the General Revenue Fund of the state,
267	55.15 percent.
268	2. To the credit of the Phosphate Research Trust Fund in
269	the Department of Education, Division of Universities, 12.5
270	percent.
271	3. For payment to counties in proportion to the number of
272	tons of phosphate rock produced from a phosphate rock matrix
273	located within such political boundary, 18 percent. The
274	department shall distribute this portion of the proceeds
275	annually based on production information reported by producers
276	on the annual returns for the taxable year. Any such proceeds
277	received by a county shall be used only for phosphate-related
278	expenses.
279	4. To the credit of the Minerals Trust Fund, 14.35
280	percent.
281	(3) Beginning July 1, 2003, the tax rate shall be the base
282	rate of $1.62 per ton severed.
283	(4) Beginning July 1, 2004, and annually thereafter, the
284	tax rate shall be the base rate times the base rate adjustment
285	of the tax years as calculated by the department in accordance
286	with subsection (6).
287	(5) The excise tax levied by this section shall apply to
288	the total production of the producer during the taxable year,
289	measured on the basis of bone-dry tons produced at the point of
290	severance, subject to the following rates:
291	(a) Beginning July 1, 1987, to December 31, 1987, the tax
292	rate shall be $1.79 per ton severed.
293	(b) For 1988, the tax rate shall be the base rate of $1.35
294	per ton severed.
295	(c) For 1989 and subsequent years, the tax rate shall be
296	the base rate times the base rate adjustment for the tax year as
297	calculated by the department in accordance with subsection (6).
298	However, for 2000 and subsequent taxable years, the base rate
299	shall be reduced by 20 percent, unless additional funding of the
300	Nonmandatory Land Reclamation Trust Fund is approved by law.
301	(6)(a) On or before March 30, 20041989, and annually
302	thereafter, the department shall calculate the base rate
303	adjustment, if any, for phosphate rock based on the change in
304	the unadjusted annual producer price index for the prior
305	calendar year in relation to the unadjusted annual producer
306	price index for calendar year 19991987.
307	(b) For the purposes of determining the base rate
308	adjustment for any year, the base rate adjustment shall be a
309	fraction, the numerator of which is the unadjusted annual
310	producer price index for the prior calendar year and the
311	denominator of which is the unadjusted annual producer price
312	index for calendar year 19991987.
313	(c) The department shall provide the base rate, the base
314	rate adjustment, and the resulting tax rate to affected
315	producers by written notice on or before April 15 of the current
316	year.
317	(d) If the producer price index for phosphate rock primary
318	products is substantially revised, the department shall make
319	appropriate adjustment in the method used to compute the base
320	rate adjustment under this subsection which will produce results
321	reasonably consistent with the result which would have been
322	obtained if the producer price index for phosphate rock primary
323	products had not been revised. However, the base rate shall not
324	be less than $1.56 per ton severed.
325	(e) In the event the producer price index for phosphate
326	rock primary products is discontinued, then a comparable index
327	shall be selected by the department and adopted by rule.
328	(7) The excise tax levied on the severance of phosphate
329	rock shall be in addition to any ad valorem taxes levied upon
330	the separately assessed mineral interest in the real property
331	upon which the site of severance is located, or any other tax,
332	permit, or license fee imposed by the state or its political
333	subdivisions.
334	(8) The tax levied by this section shall be collected in
335	the manner prescribed in s. 211.33.
336	(9) The provisions of subsection (2) shall be reviewed by
337	the legislature prior to July 1, 2006. Should no change to the
338	provisions in subsection (2) be made prior to July 1, 2006, the
339	provisions in subsection (2) shall remain in effect.
340	Section 3. Paragraphs (i) and (k) of subsection (4) of
341	section 215.20, Florida Statutes, are amended to read:
342	215.20 Certain income and certain trust funds to
343	contribute to the General Revenue Fund.--
344	(4) The income of a revenue nature deposited in the
345	following described trust funds, by whatever name designated, is
346	that from which the appropriations authorized by subsection (3)
347	shall be made:
348	(i) Within the Department of Education,:
349	1.the Educational Certification and Service Trust Fund.
350	2. The Phosphate Research Trust Fund.
351	(k) Within the Department of Environmental Protection:
352	1. The Administrative Trust Fund.
353	2. The Air Pollution Control Trust Fund.
354	3. The Conservation and Recreation Lands Trust Fund.
355	4. The Ecosystem Management and Restoration Trust Fund.
356	5. The Environmental Laboratory Trust Fund.
357	6. The Florida Coastal Protection Trust Fund.
358	7. The Florida Permit Fee Trust Fund.
359	8. The Forfeited Property Trust Fund.
360	9. The Grants and Donations Trust Fund.
361	10. The Inland Protection Trust Fund.
362	11. The Internal Improvement Trust Fund.
363	12. The Land Acquisition Trust Fund.
364	13. The Minerals Trust Fund.
365	14. The Nonmandatory Land Reclamation Trust Fund.
366	14.15.The State Park Trust Fund.
367	15.16.The Water Quality Assurance Trust Fund.
368	16.17.The Working Capital Trust Fund.
369
370	The enumeration of the foregoing moneys or trust funds shall not
371	prohibit the applicability thereto of s. 215.24 should the
372	Governor determine that for the reasons mentioned in s. 215.24
373	the money or trust funds should be exempt herefrom, as it is the
374	purpose of this law to exempt income from its force and effect
375	when, by the operation of this law, federal matching funds or
376	contributions or private grants to any trust fund would be lost
377	to the state.
378	Section 4. Effective July 1, 2003, paragraphs (h) and (i)
379	of subsection (4) of section 215.20, Florida Statutes, are
380	amended, and paragraphs (j) through (ii) of said subsection are
381	redesignated as paragraphs (h) through (gg), respectively, to
382	read:
383	215.20 Certain income and certain trust funds to
384	contribute to the General Revenue Fund.--
385	(4) The income of a revenue nature deposited in the
386	following described trust funds, by whatever name designated, is
387	that from which the deductions authorized by subsection (3)
388	shall be made:
389	(h) The Phosphate Research Trust Fund established pursuant
390	to s. 211.3103.
391	(i) The Land Reclamation Trust Fund established pursuant
392	to s. 211.32(1)(f).
393
394	The enumeration of the foregoing moneys or trust funds shall not
395	prohibit the applicability thereto of s. 215.24 should the
396	Governor determine that for the reasons mentioned in s. 215.24
397	the money or trust funds should be exempt herefrom, as it is the
398	purpose of this law to exempt income from its force and effect
399	when, by the operation of this law, federal matching funds or
400	contributions or private grants to any trust fund would be lost
401	to the state.
402	Section 5. Section 215.22, Florida Statutes, is amended to
403	read:
404	215.22 Certain income and certain trust funds exempt.--
405	(1) The following income of a revenue nature or the
406	following trust funds shall be exempt from the appropriation
407	required by s. 215.20(1):
408	(a) Student financial aid or prepaid tuition receipts.
409	(b) Trust funds administered by the Department of the
410	Lottery.
411	(c) Departmental administrative assessments for
412	administrative divisions.
413	(d) Funds charged by a state agency for services provided
414	to another state agency, by a state agency for services provided
415	to the judicial branch, or by the judicial branch for services
416	provided to a state agency.
417	(e) State, agency, or political subdivision investments by
418	the Treasurer.
419	(f) Retirement or employee benefit funds.
420	(g) Self-insurance programs administered by the Treasurer.
421	(h) Funds held for the payment of citrus canker
422	eradication and compensation.
423	(i) Medicaid, Medicare, or third-party receipts for client
424	custodial care.
425	(j) Bond proceeds or revenues dedicated for bond
426	repayment, except for the Documentary Stamp Clearing Trust Fund
427	administered by the Department of Revenue.
428	(k) Trust funds administered by the Department of
429	Education, including the Phosphate Research Trust Fund.
430	(l) Trust funds administered by the Department of
431	Transportation.
432	(m) The following trust funds administered by the
433	Department of Agriculture and Consumer Services:
434	1. The Citrus Inspection Trust Fund.
435	2. The Florida Forever Program Trust Fund.
436	3. The Florida Preservation 2000 Trust Fund.
437	4. The Market Improvements Working Capital Trust Fund.
438	5. The Pest Control Trust Fund.
439	6. The Plant Industry Trust Fund.
440	(n) The Motor Vehicle License Clearing Trust Fund.
441	(o) The Solid Waste Management Trust Fund.
442	(p) The Coconut Grove Playhouse Trust Fund.
443	(q) The Communications Working Capital Trust Fund of the
444	Department of Management Services.
445	(r) The Camp Blanding Management Trust Fund.
446	(s) That portion of the Highway Safety Operating Trust
447	Fund funded by the motorcycle safety education fee collected
448	pursuant to s. 320.08(1)(c).
449	(t) Tobacco Settlement Trust Funds administered by any
450	agency.
451	(u) The Save Our Everglades Trust Fund.
452	(v) The Florida Center for Nursing Trust Fund.
453	(w) The Conservation and Recreation Lands Trust Fund.
454	(x) The Minerals Trust Fund.
455	(y) The Nonmandatory Land Reclamation Trust Fund.
456	(2) Moneys and income of a revenue nature shared with
457	political subdivisions or received from taxes or fees authorized
458	to be levied by any political subdivision shall be exempt from
459	the deduction required by s. 215.20(1).
460	(3) In addition to the exemptions enumerated in
461	subsections (1) and (2), the Executive Office of the Governor is
462	authorized to exempt any income when, by the operation of this
463	law and pursuant to s. 215.24, federal matching funds or
464	contributions or private grants to any trust fund would be lost
465	to the state.
466	(4) Notwithstanding the exemptions granted in subsections
467	(1), (2), and (3), this section shall not exempt income of a
468	revenue nature or any trust fund which was subject to the
469	service charge pursuant to s. 215.20 on January 1, 1990. This
470	subsection shall not apply to the Phosphate Research Trust Fund,
471	the Conservation and Recreation Lands Trust Fund, the Minerals
472	Trust Fund, or the Nonmandatory Land Reclamation Trust Fund.
473	Section 6. Effective July 1, 2003, subsection (1) of
474	section 215.22, Florida Statutes, is amended to read:
475	215.22 Certain income and certain trust funds exempt.--
476	(1) The following income of a revenue nature or the
477	following trust funds shall be exempt from the deduction
478	required by s. 215.20(1):
479	(a) Student financial aid or prepaid tuition receipts.
480	(b) Trust funds administered by the Department of the
481	Lottery.
482	(c) Departmental administrative assessments for
483	administrative divisions.
484	(d) Funds charged by a state agency for services provided
485	to another state agency, by a state agency for services provided
486	to the judicial branch, or by the judicial branch for services
487	provided to a state agency.
488	(e) State, agency, or political subdivision investments by
489	the Treasurer.
490	(f) Retirement or employee benefit funds.
491	(g) Self-insurance programs administered by the Treasurer.
492	(h) Funds held for the payment of citrus canker
493	eradication and compensation.
494	(i) Medicaid, Medicare, or third-party receipts for client
495	custodial care.
496	(j) Bond proceeds or revenues dedicated for bond
497	repayment, except for the Documentary Stamp Clearing Trust Fund
498	administered by the Department of Revenue.
499	(k) Trust funds administered by the Department of
500	Education, including the Phosphate Research Trust Fund.
501	(l) Trust funds administered by the Department of
502	Transportation.
503	(m) Trust funds administered by the Department of
504	Agriculture and Consumer Services.
505	(n) The Motor Vehicle License Clearing Trust Fund.
506	(o) The Solid Waste Management Trust Fund.
507	(p) The Coconut Grove Playhouse Trust Fund.
508	(q) The Communications Working Capital Trust Fund of the
509	Department of Management Services.
510	(r) The Camp Blanding Management Trust Fund.
511	(s) The Indigent Criminal Defense Trust Fund.
512	(t) That portion of the Highway Safety Operating Trust
513	Fund funded by the motorcycle safety education fee collected
514	pursuant to s. 320.08(1)(c).
515	(u) The Save the Manatee Trust Fund.
516	(v) Tobacco Settlement Trust Funds administered by any
517	agency.
518	(w) The Save Our Everglades Trust Fund.
519	(x) The Florida Center for Nursing Trust Fund.
520	(y) The Conservation and Recreation Lands Trust Fund.
521	(z) The Minerals Trust Fund.
522	(aa) The Nonmandatory Land Reclamation Trust Fund.
523	Section 7. Subsections (6) and (8) of section 373.414,
524	Florida Statutes, are amended to read:
525	373.414 Additional criteria for activities in surface
526	waters and wetlands.--
527	(6)(a) The Legislature recognizes that some mining
528	activities that may occur in waters of the state must leave a
529	deep pit as part of the reclamation. Such deep pits may not meet
530	the established water quality standard for dissolved oxygen
531	below the surficial layers. Where such mining activities
532	otherwise meet the permitting criteria contained in this
533	section, such activities may be eligible for a variance from the
534	established water quality standard for dissolved oxygen within
535	the lower layers of the reclaimed pit.
536	(b) Wetlands reclamation activities for phosphate and
537	heavy minerals mining undertaken pursuant to chapter 378 shall
538	be considered appropriate mitigation for this part if they
539	maintain or improve the water quality and the function of the
540	biological systems present at the site prior to the commencement
541	of mining activities and the requirements of subsection (8) are
542	met.
543	(c) Wetlands reclamation activities for fuller's earth
544	mining undertaken pursuant to chapter 378 shall be considered
545	appropriate mitigation for this part if they maintain or improve
546	the water quality and the function of the biological systems
547	present at the site prior to the commencement of mining
548	activities, unless the site features make such reclamation
549	impracticable, in which case the reclamation must offset the
550	regulated activities' adverse impacts on surface waters and
551	wetlands.
552	(d) Onsite reclamation of the mine pit for limerock and
553	sand mining shall be conducted in accordance with the
554	requirements of chapter 378.
555	1. Mitigation activities for limerock and sand mining must
556	offset the regulated activities' adverse impacts on surface
557	waters and wetlands. Mitigation activities shall be located on
558	site, unless onsite mitigation activities are not feasible, in
559	which case, offsite mitigation as close to the activities as
560	possible shall be required. However, mitigation banking may be
561	an acceptable form of mitigation, whether on or off site, as
562	judged on a case-by-case basis.
563	2. The ratio of mitigation-to-wetlands loss shall be
564	determined on a case-by-case basis and shall be based on the
565	quality of the wetland to be impacted and the type of mitigation
566	proposed.
567	(8)(a) The governing board or the department, in deciding
568	whether to grant or deny a permit for an activity regulated
569	under this part shall consider the cumulative impacts upon
570	surface water and wetlands, as delineated in s. 373.421(1),
571	within the same drainage basin as defined in s. 373.403(9), of:
572	1. The activity for which the permit is sought.
573	2. Projects which are existing or activities regulated
574	under this part which are under construction or projects for
575	which permits or determinations pursuant to s. 373.421 or s.
576	403.914 have been sought.
577	3. Activities which are under review, approved, or vested
578	pursuant to s. 380.06, or other activities regulated under this
579	part which may reasonably be expected to be located within
580	surface waters or wetlands, as delineated in s. 373.421(1), in
581	the same drainage basin as defined in s. 373.403(9), based upon
582	the comprehensive plans, adopted pursuant to chapter 163, of the
583	local governments having jurisdiction over the activities, or
584	applicable land use restrictions and regulations.
585	(b) If an applicant proposes mitigation within the same
586	drainage basin as the adverse impacts to be mitigated, and if
587	the mitigation offsets these adverse impacts, the governing
588	board and department shall consider the regulated activity to
589	meet the cumulative impact requirements of paragraph (a).
590	However, for phosphate mining activities, an applicant must also
591	demonstrate that the direct and indirect cumulative impact of
592	changes in water flows and levels from mining activities,
593	including clay settling areas, and associated reclamation
594	activities will not adversely affect surface water and
595	groundwater levels so as to adversely affect the functions of
596	surface waters and wetlands, including wetland, aquatic, and
597	estuarine habitats, including listed species, both within the
598	watershed and drainage basin of the proposed activity.This
599	paragraph may not be construed to prohibit mitigation outside
600	the drainage basin which offsets the adverse impacts within the
601	drainage basin.
602	Section 8. Section 378.021, Florida Statutes, is amended
603	to read:
604	378.021 Master reclamation plan.--
605	(1) The Department of Environmental ProtectionNatural
606	Resources shall amend theadopt by rule, as expeditiously as
607	possible upon receipt of the report of the Land Use Advisory
608	Committee, a master reclamation plan that providesto provide
609	guidelines for the reclamation of lands mined or disturbed by
610	the severance of phosphate rock prior to July 1, 1975, which
611	lands are not subject to mandatory reclamation under part II of
612	chapter 211. In amending thedeveloping saidmaster reclamation
613	plan, the Department of Environmental ProtectionNatural
614	Resources shall continue toconduct an onsite evaluation of all
615	lands mined or disturbed by the severance of phosphate rock
616	prior to July 1, 1975, which lands are not subject to mandatory
617	reclamation under part II of chapter 211, and shall consider the
618	report and plan prepared by the Land Use Advisory Committee
619	under s. 378.011 and submitted to the former Department of
620	Natural Resources for adoption by rule on or before July 1,
621	1979. The master reclamation plan, when amendedadoptedby the
622	Department of Environmental Protection,Natural Resourcesshall
623	be consistent with local government plans prepared pursuant to
624	the Local Government Comprehensive Planning and Land Development
625	Regulation Act.
626	(2) The amendedmaster reclamation plan shall identify
627	which of the lands mined or disturbed by the severance of
628	phosphate rock prior to July 1, 1975, meet the following
629	criteria:
630	(a) The quality of surface waters leaving the land does
631	not meet applicable water quality standards, if any; or, health
632	and safety hazards exist on the land; or, the soil has not
633	stabilized and revegetated; or, the remaining natural resources
634	associated with the land are not being conserved;
635	(b) The environmental or economic utility or aesthetic
636	value of the land would not naturally return within a reasonable
637	time, and reclamation would substantially promote the
638	environmental or economic utility or the aesthetic value of the
639	land; and
640	(c) The reclamation of the land is in the public interest
641	because the reclamation, when combined with other reclamation
642	under the master plan, would provide a substantial regional
643	benefit; and
644	(d) The reclamation of the land is in the public interest
645	because the reclamation, when combined with other reclamation
646	under the master plan, will provide significant benefits to
647	surface water bodies supplying water for environmental and
648	public purposes in those areas of the state where phosphate
649	mining has been permitted.
650	(3) Lands evaluated by the department under subsection (1)
651	which meet the criteria set forth in subsection (2) shall be
652	identified with specificity in the master reclamation plan.
653	Lands evaluated by the department under subsection (1) which do
654	not meet the criteria set forth in subsection (2) shall also be
655	identified with specificity in the master reclamation plan as
656	lands which are acceptable in their present form.
657	(4) Upon adoption of the amendments to themaster
658	reclamation plan as a rule, such plan shall provide the
659	guidelines for approval of reclamation programs for lands
660	covered in the plan, recognizing that reclamation of such lands
661	is not mandatory, but that any payment of costs expended for
662	reclamation paid under s. 378.031 shall be contingent upon
663	conformity with the guidelines set forth in the master
664	reclamation plan.
665	Section 9. Section 378.031, Florida Statutes, is amended
666	to read:
667	378.031 Reclamation or acquisition of nonmandatory lands;
668	legislative intent.--It is the intent of the Legislature to
669	provide an economic incentive to encourage the reclamation of
670	the maximum number of acres of eligible nonmandatory lands in
671	the most timely and efficient manner or the donation or purchase
672	of nonmandatory lands, especially those lands for which
673	reclamation activities will result in significant improvements
674	to surface water bodies of regional importance in those areas of
675	the state where phosphate mining has been permitted. The
676	Legislature recognizes that certain lands mined or disturbed
677	prior to July 1, 1975, have been naturally reclaimed.
678	Section 10. Subsections (5), (8), and (9) of section
679	378.035, Florida Statutes, are amended, and subsection (10) is
680	added to said section, to read:
681	378.035 Department responsibilities and duties with
682	respect to Nonmandatory Land Reclamation Trust Fund.--
683	(5) On July 1, 2001, $50 million of the unencumberedFunds
684	within the Nonmandatory Land Reclamation Trust Fund are also
685	authorizedreserved for use by the department for the following
686	purposes:.
687	(a) These reserved moneys are to be usedTo reclaim lands
688	disturbed by the severance of phosphate rock on or after July 1,
689	1975, in the event that a mining company ceases mining and the
690	associated reclamation prior to all lands disturbed by the
691	operation being reclaimed. Moneys expended by the department to
692	accomplish reclamation pursuant to this subsection shall become
693	a lien upon the property enforceable pursuant to chapter 85. The
694	moneys received as a result of a lien foreclosure or as
695	repayment shall be deposited into the trust fund. In the event
696	the money received as a result of lien foreclosure or repayment
697	is less than the amount expended for reclamation, the department
698	shall use all means available to recover, for the use of the
699	fund, the difference from the affected parties. Paragraph (3)(b)
700	shall apply to lands acquired as a result of a lien foreclosure.
701	(b) The department may also expend funds from the $50
702	million reserve fundFor the abatement of an imminent hazard as
703	provided by s. 403.4154(3) and for the purpose of closing an
704	abandoned phosphogypsum stack system and carrying out
705	postclosure care as provided by s. 403.4154(5). Fees deposited
706	in the Nonmandatory Land Reclamation Trust Fund pursuant to s.
707	403.4154(4) may be used for the purposes authorized in this
708	paragraph. However, such fees may only be used at a stack system
709	if closure or imminent-hazard-abatement activities initially
710	commence on or after July 1, 2002.
711	(8) The department may not accept any applications for
712	nonmandatory land reclamation programs after July 1, 2004
713	November 1, 2008.
714	(9) The Bureau of Mine Reclamation shall review the
715	sufficiency of the Nonmandatory Land Reclamation Trust Fund to
716	support the stated objectives and report to the secretary
717	annually with recommendations as appropriate. The report
718	submittal for calendar year 2008 shall specifically address the
719	effect of providing a future refund of fees paid pursuant to s.
720	403.4154(4) following certification of stack closure pursuant to
721	department rules, and the report shall be submitted to the
722	Governor, the President of the Senate, and the Speaker of the
723	House of Representatives on or before March 1, 2009.
724	(10) The department may, upon its determination, petition
725	the State Board of Administration for the issuance of bonds to
726	carry out its responsibilities pursuant to paragraph (5)(b). The
727	total amount of bonds issued pursuant to this subsection may not
728	exceed $25 million. Revenues credited to the Nonmandatory Land
729	Reclamation Trust Fund shall be used to fund any issuance or
730	debt obligations.
731	Section 11. Subsection (6) is added to section 378.036,
732	Florida Statutes, to read:
733	378.036 Land acquisitions financed by Nonmandatory Land
734	Reclamation Trust Fund moneys.--
735	(6)(a) By January 1, 2004, or within 6 months after the
736	date on which funds become available from the Legislature,
737	whichever is later, the Florida Wildlife Federation, Audubon
738	Florida, and Rails-to-Trails Conservancy, in partnership with
739	the Florida Phosphate Council, are authorized to form a
740	nonprofit corporation pursuant to chapter 617 for the purpose of
741	implementing the provisions of this section by creating plans
742	and assisting in the development of recreational opportunities
743	on lands mined for phosphate in the state. The first plans
744	created by the corporation shall concentrate on recreational
745	activities in Hardee and Hamilton Counties that will assist
746	those counties in rural economic development.
747	(b) The board of directors of the corporation shall be
748	composed of three members. One member shall be designated by the
749	Florida Phosphate Council, one member shall be designated
750	jointly by the Florida Wildlife Federation, Audubon Florida, and
751	Rails-to-Trails Conservancy, and one member shall be chosen by
752	the other two designees.
753	(c) The business of the corporation shall be conducted by
754	the board of directors or a chief executive officer as the board
755	sees fit in accordance with the provisions of its articles of
756	incorporation and applicable law. The activities of the
757	corporation shall be coordinated with all landowners who have
758	voluntarily agreed to participate in the process as well as any
759	local government where relevant lands are recorded.
760	(d) An annual report of the activities of the corporation,
761	including a certified audit, shall be presented to the secretary
762	of the Department of Environmental Protection or the secretary's
763	designee by October 31 of each year following its incorporation.
764	(e) The corporation shall dissolve on January 1, 2009,
765	unless dissolved previously by action of its board of directors
766	or extended by the Legislature. Upon dissolution, any moneys
767	remaining in the accounts of the corporation that are
768	unobligated shall be returned to the funds from which they were
769	appropriated in proportion to the amount contributed. All
770	tangible assets of the corporation at dissolution that were
771	acquired using state funding shall become the property of the
772	Department of Environmental Protection.
773	Section 12. Subsection (5) is added to section 378.101,
774	Florida Statutes, to read:
775	378.101 Florida Institute of Phosphate Research.--
776	(5) The Florida Institute of Phosphate Research shall
777	conduct a bench and pilot scale study of the institute's
778	dewatering instantaneously with pulp recycle process for the
779	purpose of determining its technical and economic feasibility.
780	The study shall evaluate the availability, technical
781	feasibility, and cost of using various types of fiber,
782	including, but not limited to, paper and sewage sludge. The
783	study shall evaluate the technical feasibility and practicality
784	of various methods of using and disposing of the clay/fiber
785	product produced, including admixing the product with soil.
786	Section 13. For fiscal year 2003-2004, the sum of $800,000
787	is appropriated to the Phosphate Research Trust Fund from the
788	proceeds of the phosphate severance tax prior to distribution of
789	funds as specified by s. 211.3103, Florida Statutes, to fund the
790	study required under s. 378.101(5), Florida Statutes.
791	Section 14. Paragraph (g) is added to subsection (1) of
792	section 378.212, Florida Statutes, to read:
793	378.212 Variances.--
794	(1) Upon application, the secretary may grant a variance
795	from the provisions of this part or the rules adopted pursuant
796	thereto. Variances and renewals thereof may be granted for any
797	one of the following reasons:
798	(g) To accommodate reclamation that provides for water
799	supply development or water resource development, consistent
800	with the applicable regional water supply plan approved pursuant
801	to s. 373.0361, appropriate stormwater management, wildlife
802	habitat, or recreation, provided regional water resources are
803	not adversely affected.
804	Section 15. Section 403.0613, Florida Statutes, is created
805	to read:
806	403.0613 Environmental Good Samaritan Act.--
807	(1) Upon declaration by the Governor and the Cabinet of an
808	actual or impending environmental emergency, any person or
809	entity acting under the direction of the Department of
810	Environmental Protection shall be immune from civil liability
811	for any act or omission not constituting gross negligence in the
812	course of rendering such assistance.
813	(2) Persons or entities under contract with the Department
814	of Environmental Protection who provide expeditious professional
815	assistance to prevent, take action regarding, or clean up a
816	declared environmental emergency shall also be immune from civil
817	liability.
818	(3) The immunity provided by this section does not apply
819	to damages as a result of any act or omission unrelated to the
820	original emergency.
821	Section 16. Section 403.162, Florida Statutes, is created
822	to read:
823	403.162 Civil remedy of department; abatement of imminent
824	danger; lien; notice; procedure.--In the event that an owner or
825	operator fails to abate a release or threatened release of any
826	hazardous substance, pollutant, or other contaminant, or abate
827	an imminent danger to the environment or to public health, and
828	the department expends in excess of $1 million on such
829	abatement, the following remedy is provided to the department:
830	(1) All expenditures made by the department to abate such
831	release, threatened release, or imminent danger shall
832	constitute, in each instance, a debt of the responsible party or
833	parties to the department.
834	(2) The debt shall constitute a lien on all property of
835	the responsible party or parties, including real, personal,
836	tangible, and intangible property interests. The department may
837	file a notice of lien incorporating a description of the
838	property of the responsible party or parties subject to the
839	abatement action and an identification of the amount of costs
840	expended by the department in performing the abatement action in
841	the public records of the county where the abatement action
842	occurred. To the extent the department intends to create a lien
843	on other assets of the responsible party or parties, such notice
844	may be filed in the same manner and place that is required of
845	federal liens pursuant to s. 713.901. The department may amend
846	and supplement the notice of lien to include amounts comprising
847	the debt expended by the department subsequent to the initial
848	filing of the notice of lien. Upon filing of the notice, the
849	lien, in the amount expended by the department for abatement of
850	the release, threatened release, or other imminent danger, shall
851	attach to all of the revenues and real and personal property of
852	the responsible party or parties, regardless of whether the
853	responsible party or parties are insolvent or are rendered
854	insolvent thereby. A notice of lien filed pursuant to this
855	section that affects the property of a responsible party or
856	parties subject to the abatement action shall create a lien with
857	priority over all other claims or liens that are or have been
858	filed against the property. A notice of lien filed pursuant to
859	this section that affects any property of a responsible party or
860	parties other than the property subject to the abatement action
861	shall have priority from the day of the filing of the notice of
862	the lien over all other claims and liens filed against the
863	property but shall not affect any valid lien, right, or interest
864	in the property filed in accordance with established procedure
865	prior to the filing of a notice of lien pursuant to this
866	subsection.
867	Section 17. Subsections (2), (3), and (4) of section
868	403.4154, Florida Statutes, are amended, and subsections (6) and
869	(7) are added to said section, to read:
870	403.4154 Phosphogypsum management program.--
871	(2) REGULATORY PROGRAM.--
872	(a) It is the intent of the Legislature that the
873	department develop a program for the sound and effective
874	regulation of phosphogypsum stack systems in the state.
875	(b) The department shall adopt rules that prescribe
876	acceptable construction designs for new or expanded
877	phosphogypsum stack systems and that prescribe permitting
878	criteria for operation, closure criteria, long-term-care
879	requirements, and closure financial responsibility requirements
880	for phosphogypsum stack systems.
881	(c) In the event that an owner or operator of a
882	phosphogypsum stack or stack system fails to comply with
883	department rules requiring demonstration of closure financial
884	responsibility, no dividends or other distributions may be made
885	until the noncompliance is corrected and the department has
886	issued notification of compliance. Whoever willfully,
887	knowingly, or with reckless indifference or gross carelessness
888	violates this prohibition commits a felony of the third degree,
889	punishable as provided in s. 775.082 by a fine of not more than
890	$50,000 or by imprisonment for 5 years for each offense.
891	(3) ABATEMENT OF IMMINENT HAZARD.--
892	(a) The department may take action to abate or
893	substantially reduce any imminent hazard caused by the physical
894	condition, maintenance, operation, or closure of a phosphogypsum
895	stack system.
896	(b) An imminent hazard exists if the physical condition,
897	maintenance, operation, or closure of a phosphogypsum stack
898	system creates an immediate and substantial danger to human
899	health, safety, or welfare or to the environment. A
900	phosphogypsum stack system is presumed not to cause an imminent
901	hazard if the physical condition and operation of the system are
902	in compliance with all applicable department rules.
903	(c) The failure of an owner or operator of a phosphogypsum
904	stack system to comply with department rules requiring
905	demonstration of financial responsibility with respect to
906	closure may be considered by the department as evidence that a
907	phosphogypsum stack poses an imminent hazard for purposes of
908	initiating actions authorized by paragraph (d).
909	(d)(c) If the department determines that the failure of an
910	owner or operator to comply with department rules requiring
911	demonstration of financial responsibility orthe physical
912	condition, maintenance, operation, or closure of a phosphogypsum
913	stack system poses an imminent hazard, the department shall
914	request access to the property on which such stack system is
915	located from the owner or operator of the stack system for the
916	purposes of taking action to abate or substantially reduce the
917	imminent hazard. If the department, after reasonable effort, is
918	unable to timely obtain the necessary access to abate or
919	substantially reduce the imminent hazard, the department may
920	institute action in its own name, using the procedures and
921	remedies of s. 403.121 or s. 403.131, to abate or substantially
922	reduce an imminent hazard. Whenever serious harm to human
923	health, safety, or welfare, to the environment, or to private or
924	public property may occur prior to completion of an
925	administrative hearing or other formal proceeding that might be
926	initiated to abate the risk of serious harm, the department may
927	obtain from the court, ex parte, an injunction without paying
928	filing and service fees prior to the filing and service of
929	process.
930	(e)(d)To abate or substantially reduce an imminent
931	hazard, the department may take any appropriate action,
932	including, but not limited to, using employees of the department
933	or contracting with other state or federal agencies, with
934	private third-party contractors, or with the owner or operator
935	of the stack system, or financing, compensating, or funding a
936	receiver, trustee, or owner of the stack system, to perform all
937	or part of the work.
938	(f)(e)The department shall recover from the owner or
939	operator of the phosphogypsum stack system to the use of the
940	Nonmandatory Land Reclamation Trust Fund all moneys expended
941	from the fund, including funds expended prior to the effective
942	date of this section, to abate an imminent hazard posed by the
943	phosphogypsum stack system plus a penalty equal to an amount
944	calculated at 30 percent of such funds expended. This penalty
945	shall be imposed annually, and prorated from the date of payment
946	from the fund until the expended funds and the penalty are
947	repaid. If the department prevails in any action to recover
948	funds pursuant to this subsection, it may recover reasonable
949	attorney's fees and costs incurred. Phosphogypsum may not be
950	deposited on a stack until all moneys expended from the fund in
951	connection with the stack have been repaid, unless the
952	department determines that such placement is necessary to abate
953	or avoid an imminent hazard or unless otherwise authorized by
954	the department.
955	(g)(f)The department may impose a lien on the real
956	property on which the phosphogypsum stack system that poses an
957	imminent hazard is located and on the real property underlying
958	and other assets located at associated phosphate fertilizer
959	production facilities equal in amount to the moneys expended
960	from the Nonmandatory Land Reclamation Trust Fund pursuant to
961	paragraph (e)(d), including attorney's fees and court costs.
962	The owner of any property on which such a lien is imposed is
963	entitled to a release of the lien upon payment to the department
964	of the lien amount. The lien imposed by this section does not
965	take priority over any other prior perfected lien on the real
966	property, personal property, or other assets referenced in this
967	paragraph, including, but not limited to, the associated
968	phosphate rock mine and reserves.
969	(4) REGISTRATION FEES.--
970	(a)1. The owner or operator of each existing phosphogypsum
971	stack who has not provided a performance bond, letter of credit,
972	trust fund agreement, or closure insurance to demonstrate
973	financial responsibility for closure and long-term care shall
974	pay to the department a fee as set forth in this paragraph. All
975	fees shall be deposited in the Nonmandatory Land Reclamation
976	Trust Fund.
977	2. The amount of the fee for each existing stack shall be
978	$75,000 for each of the five 12-month periods following July 1,
979	2001.
980	3. The amount of the fee for any new stack for which the
981	owner or operator has not provided a performance bond, letter of
982	credit, trust fund agreement, or closure insurance to
983	demonstrate financial responsibility for closure and long-term
984	care shall be $75,000 for each of the five 12-month periods
985	following the issuance by the department of a construction
986	permit for that stack.
987	4. Within 30 days after a phosphogypsum stack has been
988	certified as closed pursuant to rule 62-673.620(2) and (3),
989	Florida Administrative Code, the department shall refund to the
990	owner of the closed phosphogypsum stack an amount from the
991	Nonmandatory Land Reclamation Trust Fund equal to the total
992	amount of fee payments made by the owner or operator to the fund
993	in connection with the closed phosphogypsum stack, except that
994	any refund becoming payable prior to July 1, 2009, shall be paid
995	to the owner on or after that date.
996	(b) On or before August 1 of each year, the department
997	shall provide written notice to each owner of an existing stack
998	of any fee payable for the 12-month period commencing on the
999	immediately preceding July 1. Each owner shall remit the fee to
1000	the department on or before August 31 of each year.
1001	(6) INTERIM STACK SYSTEM MANAGEMENT PLAN.--
1002	(a) By October 1, 2003, the department shall initiate
1003	rulemaking to require that phosphogypsum stack system operation
1004	plans required by department rule be amended by adding an
1005	interim stack system management (ISSM) plan that provides
1006	written instructions for the operation of the system assuming
1007	that no phosphoric acid would be produced at the facility for a
1008	2-year period. The initial ISSM plan shall be completed as of
1009	the first July 1 following the adoption of the rule required by
1010	this section. The ISSM plan shall include:
1011	1. A detailed description of process water management
1012	procedures that will be implemented to ensure that the stack
1013	system operates in accordance with all applicable department
1014	permit conditions and rules. The procedures shall address the
1015	actual process water levels present at the facility 30 days
1016	prior to the completion of the plan and shall assume that the
1017	facility will receive annual average rainfall during the 2-year
1018	planning period.
1019	2. A detailed description of the procedures to be followed
1020	for the daily operation and routine maintenance of the stack
1021	system, including required environmental sampling and analyses,
1022	as well as for any maintenance or repairs recommended following
1023	annual inspections of the system.
1024	3. Identification of all machinery, equipment, and
1025	materials necessary to implement the plan.
1026	4. Identification of the sources of power or fuel
1027	necessary to implement the plan.
1028	5. Identification of the personnel necessary to implement
1029	the plan.
1030	(b) The ISSM plan shall be updated annually, taking into
1031	account process water levels as of June 1 of each year and the
1032	existing stack system configuration.
1033	(c) The requirements listed in paragraphs (a) and (b) are
1034	applicable to all phosphogypsum stack systems except those which
1035	have been closed, which are undergoing closure, or for which an
1036	application for a closure permit has been submitted pursuant to
1037	department rule.
1038	(7) PHOSPHOGYPSUM STACK SYSTEM GENERAL CLOSURE PLAN.--
1039	(a) By October 1, 2003, the department shall initiate
1040	rulemaking to require that general plans and schedules for the
1041	closure of phosphogypsum stack systems include:
1042	1. A description of the physical configuration of the
1043	phosphogypsum stack system anticipated at the time of closure at
1044	the end of useful life of the system.
1045	2. A site-specific water management plan describing the
1046	procedures to be employed at the end of the useful life of the
1047	system to manage the anticipated volume of process water in an
1048	environmentally sound manner.
1049	3. An estimate of the cost of management of the
1050	anticipated volume of process water in accordance with the site-
1051	specific water management plan.
1052	4. A description of all construction work necessary to
1053	properly close the system in accordance with department rules.
1054	5. An estimate of all costs associated with long-term care
1055	of the closed system, including maintenance and monitoring, in
1056	accordance with department rules.
1057	(b) The department shall revise chapter 62-673, Florida
1058	Administrative Code, to require the owner or operator of a
1059	phosphogypsum stack management system to demonstrate financial
1060	responsibility for the costs of terminal closure of the
1061	phosphogypsum stack system in a manner that protects the public
1062	health and safety.
1063	1. The costs of terminal closure shall be estimated based
1064	on the stack system configuration as of the end of its useful
1065	life as determined by the owner or operator.
1066	2. The owner or operator may demonstrate financial
1067	responsibility by use of one or more of the following methods:
1068	a. Bond.
1069	b. Letter of credit.
1070	c. Cash deposit arrangement.
1071	d. Closure insurance.
1072	e. Financial tests.
1073	f. Corporate guarantee.
1074
1075	For the purposes of this section, a “cash deposit arrangement”
1076	refers to a trust fund, business or statutory trust, escrow
1077	account, or similar cash deposit entity whereby a fiduciary
1078	holds and invests funds deposited by the owner or operator,
1079	which funds shall be expended only for the purpose of directly
1080	implementing all or some portion of phosphogypsum stack system
1081	closure requirements of that particular owner or operator.
1082	3. A trustee, escrow agent, or other fiduciary of a cash
1083	deposit arrangement authorized by this section shall have no
1084	liability for any damage or loss of any kind arising out of or
1085	caused by performance of duties imposed by the terms of the
1086	applicable agreement except where such damage or loss is
1087	directly caused by the gross negligence or criminal act of the
1088	trustee, escrow agent, or other fiduciary. In performing its
1089	duties pursuant to the applicable agreement, a trustee, escrow
1090	agent, or other fiduciary shall be entitled to rely upon
1091	information and direction received from the grantor or the
1092	department without independent verification unless such
1093	information and direction are manifestly in error:
1094	4. To the extent that a cash deposit arrangement is used
1095	to provide proof of financial responsibility for all or a
1096	portion of closure costs, the trust, escrow, or cash arrangement
1097	deposit entity shall be deemed to have assumed all liability for
1098	such closure costs up to the amount of the cash deposit, less
1099	any fees or costs of the trustee, escrow agent, or other
1100	fiduciary.
1101	5. Any funds maintained in a cash deposit arrangement
1102	authorized by this section shall not be subject to claims of
1103	creditors of the owner or operator and shall otherwise be exempt
1104	from setoff, execution, levy, garnishment, and similar writs and
1105	proceedings.
1106	6. Any funds remaining in a trust, escrow account, or
1107	other cash deposit arrangement after the purpose of such cash
1108	deposit arrangement under this section has been accomplished
1109	shall be returned to the grantor.
1110	Section 18. Subsection (2) of section 403.4155, Florida
1111	Statutes, is amended to read:
1112	403.4155 Phosphogypsum management; rulemaking authority.--
1113	(2) The department shall revise chapter 62-673, Florida
1114	Administrative Code, to require the owner or operator of a
1115	phosphogypsum stack system to demonstrate financial
1116	responsibility for the costs of terminal closure of the
1117	phosphogypsum stack system in a manner that protects the
1118	environment and the public health and safety. At a minimum, such
1119	rules shall include or address the following requirements:
1120	(a) That the cost of closure and long-term care be re-
1121	estimated by a professional engineer and adjusted for inflation
1122	on an annual basis. At a minimum, such cost data shall include:
1123	1. The cost of treatment and appropriate disposal of all
1124	process wastewater, both ponded and pore, in the system.
1125	2. All construction work necessary to properly close the
1126	system in accordance with department rules.
1127	3. All costs associated with long-term care of the closed
1128	system, including maintenance and monitoring, in accordance with
1129	department rules.
1130	(b) That financial statements and financial data be
1131	prepared according to generally accepted accounting principles
1132	within the United States and submitted quarterly.
1133	(c) That audited financial statements be provided annually
1134	along with the statement of financial assurance.
1135	(d) That any owner or operator in default on any of its
1136	obligations report such default immediately.
1137	(e) That an owner or operator shall have the option to
1138	satisfy the financial tests with a corporate guarantee for an
1139	amount that would ensure adequate coverage of closure and
1140	postclosure costs.
1141	(f) A requirement for a 5-year interim stack system
1142	management plan that provides details on the operation of the
1143	specific phosphogypsum stack system, including water management,
1144	should a temporary deactivation of the system occur.By January
1145	31, 2002, the department shall review chapter 62-673, Florida
1146	Administrative Code, to determine the adequacy of the financial
1147	responsibility provisions contained in the rules and shall take
1148	any measures necessary to ensure that the rules provide sound
1149	and effective provisions to minimize risk to the environment and
1150	to public health and safety from the business failure of a
1151	phosphogypsum stack system.
1152	Section 19. If any provision of this act or the
1153	application thereof to any person or circumstance is held
1154	invalid, the invalidity shall not affect other provisions or
1155	applications of the act which can be given effect without the
1156	invalid provision or application, and to this end the provisions
1157	of this act are declared severable.
1158	Section 20. Except as otherwise provided herein, this act
1159	shall take effect upon becoming a law.