SENATE AMENDMENT
    Bill No. CS for SB 2316
    Amendment No. ___   Barcode 101776
                            CHAMBER ACTION
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11  Senator Alexander moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 21, between lines 18 and 19,
15  
16  insert:  
17         Section 13.  Section 211.3103, Florida Statutes, is
18  amended to read:
19         211.3103  Levy of tax on severance of phosphate rock;
20  rate, basis, and distribution of tax.--
21         (1)  There is hereby levied an excise tax upon every
22  person engaging in the business of severing phosphate rock
23  from the soils or waters of this state for commercial use. The
24  tax shall be collected, administered, and enforced by the
25  department.
26         (2)  Beginning July 1, 2003, the proceeds of all taxes,
27  interest, and penalties imposed under this section shall be
28  paid into the State Treasury as follows:
29         (a)  The first $10 million in revenue collected from
30  the tax during each fiscal year shall be paid to the credit of
31  the Conservation and Recreation Lands Trust Fund.
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SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 (b) The remaining revenues collected from the tax 2 during that fiscal year, after the required payment under 3 paragraph (a), shall be paid into the State Treasury as 4 follows: 5 1. For payment to counties in proportion to the number 6 of tons of phosphate rock produced from a phosphate rock 7 matrix located within such political boundary, 18.75 percent. 8 The department shall distribute this portion of the proceeds 9 annually based on production information reported by the 10 producers on the annual returns for the taxable year. Any such 11 proceeds received by a county shall be used only for phosphate 12 related expenses. 13 2. For payment to counties that have been designated a 14 Rural Area of Critical Economic Concern pursuant to s. 15 288.0656 in proportion to the number of tons of phosphate rock 16 produced from a phosphate rock matrix located within such 17 political boundary, 15 percent. The department shall 18 distribute this portion of the proceeds annually based on 19 production information reported by the producers on the annual 20 returns for the taxable year. 21 3. To the credit of the Phosphate Research Trust Fund 22 in the Department of Education, Division of Universities, 23 11.25 percent. 24 4. To the credit of the Minerals Trust Fund, 11.25 25 percent. 26 5. To the credit of the Nonmandatory Land Reclamation 27 Trust Fund, 43.75 percent. 28 (3) Beginning July 1, 2004, the proceeds of all taxes, 29 interest, and penalties imposed under this section shall be 30 paid into the State Treasury as follows: 31 (a) The first $10 million in revenue collected from 2 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 the tax during each fiscal year shall be paid to the credit of 2 the Conservation and Recreation Lands Trust Fund. 3 (b) The remaining revenues collected from the tax 4 during that fiscal year, after the required payment under 5 paragraph (a), shall be paid into the State Treasury as 6 follows: 7 1. To the credit of the General Revenue Fund of the 8 state, 41 percent. 9 2. For payment to counties in proportion to the number 10 of tons of phosphate rock produced from a phosphate rock 11 matrix located within such political boundary, 16.5 percent. 12 The department shall distribute this portion of the proceeds 13 annually based on production information reported by the 14 producers on the annual returns for the taxable year. Any such 15 proceeds received by a county shall be used only for phosphate 16 related expenses. 17 3. For payment to counties that have been designated a 18 Rural Area of Critical Economic Concern pursuant to s. 19 288.0656 in proportion to the number of tons of phosphate rock 20 produced from a phosphate rock matrix located within such 21 political boundary, 13 percent. The department shall 22 distribute this portion of the proceeds annually based on 23 production information reported by the producers on the annual 24 returns for the taxable year. 25 4. To the credit of the Phosphate Research Trust Fund 26 in the Department of Education, Division of Universities, 9 27 percent. 28 5. To the credit of the Minerals Trust Fund, 9 29 percent. 30 6. To the credit of the Nonmandatory Land Reclamation 31 Trust Fund, 11.5 percent. 3 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 (4) Beginning July 1, 2003, and annually thereafter, 2 the Department of Environmental Protection may utilize up to 3 $2 million of the funds in the Nonmandatory Land Reclamation 4 Trust Fund to purchase a surety bond or a policy of insurance, 5 the proceeds of which would pay the cost of restoration, 6 reclamation, and cleanup of any phosphogypsum stack system and 7 phosphate mining activities in the event that an operator or 8 permittee thereof has been subject to a final order of 9 bankruptcy and all funds available therefrom are determined to 10 be inadequate to accomplish such restoration, reclamation, and 11 cleanup. Nothing in this section shall be construed to imply 12 that such operator or permittee is thereby relieved of its 13 obligations or relieved of any liabilities pursuant to any 14 other remedies at law, administrative remedies, statutory 15 remedies, or remedies pursuant to bankruptcy law. The 16 department shall adopt rules to implement the provisions of 17 this paragraph, including the purchase and oversight of the 18 bond or policy. 19 (5) Funds distributed pursuant to subparagraphs 20 (2)(b)2. and (3)(b)3. shall be used for the following 21 purposes: 22 1. For planning, preparing, and financing of 23 infrastructure projects for job creation and capital 24 investment, especially those related to industrial and 25 commercial sites. Infrastructure investments may include the 26 following public or public-private partnership facilities: 27 stormwater systems; telecommunications facilities; roads or 28 other remedies to transportation impediments; nature-based 29 tourism facilities; or other physical requirements necessary 30 to facilitate trade and economic development activities. 31 2. For maximizing the use of federal, local, and 4 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 private resources, including, but not limited to, those 2 available under the Small Cities Community Development Block 3 Grant Program. 4 3. For projects that improve inadequate infrastructure 5 that has resulted in regulatory action that prohibits economic 6 or community growth, provided that such projects are related 7 to specific job creation or job retention opportunities. 8 (6) Beginning January 1, 2004, the tax rate shall be 9 the base rate of $1.62 per ton severed. 10 (7) Beginning January 1, 2005, and annually 11 thereafter, the tax rate shall be the base rate times the base 12 rate adjustment for the tax year as calculated by the 13 department in accordance with subsection (8). 14 (2) The proceeds of all taxes, interest, and penalties 15 imposed under this section shall be paid into the State 16 Treasury through June 30, 1995, as follows: 17 (a) The first $10 million in revenue collected from 18 the tax during each fiscal year shall be paid to the credit of 19 the Conservation and Recreation Lands Trust Fund. 20 (b) The remaining revenues collected from the tax 21 during that fiscal year, after the required payment under 22 paragraph (a), shall be paid into the State Treasury as 23 follows: 24 1. To the credit of the General Revenue Fund of the 25 state, 60 percent. However, from this amount the amounts of 26 $7.4 million, $8.2 million, and $8.1 million, respectively, 27 shall be transferred to the Nonmandatory Land Reclamation 28 Trust Fund on January 1, 1993, January 1, 1994, and January 1, 29 1995. 30 2. To the credit of the Nonmandatory Land Reclamation 31 Trust Fund which is established for reclamation and 5 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 acquisition of unreclaimed lands disturbed by phosphate mining 2 and not subject to mandatory reclamation, 20 percent. 3 3. To the credit of the Phosphate Research Trust Fund 4 in the Department of Education, Division of Universities, to 5 carry out the purposes set forth in s. 378.101, 10 percent. 6 4. For payment to counties in proportion to the number 7 of tons of phosphate rock produced from a phosphate rock 8 matrix located within such political boundary, 10 percent. The 9 department shall distribute this portion of the proceeds 10 annually based on production information reported by producers 11 on the annual returns for the taxable year. Any such proceeds 12 received by a county shall be used only for phosphate-related 13 expenses. 14 (3) Beginning July 1, 1995, the proceeds of all taxes, 15 interest, and penalties imposed under this section shall be 16 paid into the State Treasury as follows: 17 (a) The first $10 million in revenue collected from 18 the tax during each fiscal year shall be paid to the credit of 19 the Conservation and Recreation Lands Trust Fund. 20 (b) The remaining revenues collected from the tax 21 during that fiscal year, after the required payment under 22 paragraph (a), shall be paid into the State Treasury as 23 follows: 24 1. To the credit of the General Revenue Fund of the 25 state, 58 percent. 26 2. To the credit of the Nonmandatory Land Reclamation 27 Trust Fund for reclamation and acquisition of unreclaimed 28 lands disturbed by phosphate mining and not subject to 29 mandatory reclamation, 14.5 percent. 30 3. To the credit of the Phosphate Research Trust Fund 31 in the Department of Education, Division of Universities, to 6 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 carry out the purposes set forth in s. 378.101, 10 percent. 2 4. For payment to counties in proportion to the number 3 of tons of phosphate rock produced from a phosphate rock 4 matrix located within such political boundary, 10 percent. The 5 department shall distribute this portion of the proceeds 6 annually based on production information reported by producers 7 on the annual returns for the taxable year. Any such proceeds 8 received by a county shall be used only for phosphate-related 9 expenses. 10 5. To the credit of the Minerals Trust Fund, 7.5 11 percent. 12 (4) If the base rate is reduced pursuant to paragraph 13 (5)(c), then the proceeds of the tax shall be paid into the 14 State Treasury as follows: 15 (a) The first $10 million in revenue collected from 16 the tax during each fiscal year shall be paid to the credit of 17 the Conservation and Recreation Lands Trust Fund. 18 (b) The remaining revenues collected from the tax 19 during that fiscal year, after the required payment under 20 paragraph (a), shall be paid into the State Treasury as 21 follows: 22 1. To the credit of the General Revenue Fund of the 23 state, 55.15 percent. 24 2. To the credit of the Phosphate Research Trust Fund 25 in the Department of Education, Division of Universities, 12.5 26 percent. 27 3. For payment to counties in proportion to the number 28 of tons of phosphate rock produced from a phosphate rock 29 matrix located within such political boundary, 18 percent. The 30 department shall distribute this portion of the proceeds 31 annually based on production information reported by producers 7 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 on the annual returns for the taxable year. Any such proceeds 2 received by a county shall be used only for phosphate-related 3 expenses. 4 4. To the credit of the Minerals Trust Fund, 14.35 5 percent. 6 (8)(5) The excise tax levied by this section shall 7 apply to the total production of the producer during the 8 taxable year, measured on the basis of bone-dry tons produced 9 at the point of severance., subject to the following rates: 10 (a) Beginning July 1, 1987, to December 31, 1987, the 11 tax rate shall be $1.79 per ton severed. 12 (b) For 1988, the tax rate shall be the base rate of 13 $1.35 per ton severed. 14 (c) For 1989 and subsequent years, the tax rate shall 15 be the base rate times the base rate adjustment for the tax 16 year as calculated by the department in accordance with 17 subsection (6). However, for 2000 and subsequent taxable 18 years, the base rate shall be reduced by 20 percent, unless 19 additional funding of the Nonmandatory Land Reclamation Trust 20 Fund is approved by law. 21 (9)(6)(a) On or before March 30, 2004 1989, and 22 annually thereafter, the department shall calculate the base 23 rate adjustment, if any, for phosphate rock based on the 24 change in the unadjusted annual producer price index for the 25 prior calendar year in relation to the unadjusted annual 26 producer price index for calendar year 1999 1987. 27 (b) For the purposes of determining the base rate 28 adjustment for any year, the base rate adjustment shall be a 29 fraction, the numerator of which is the unadjusted annual 30 producer price index for the prior calendar year and the 31 denominator of which is the unadjusted annual producer price 8 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 index for calendar year 1999 1987. 2 (c) The department shall provide the base rate, the 3 base rate adjustment, and the resulting tax rate to affected 4 producers by written notice on or before April 15 of the 5 current year. 6 (d) If the producer price index for chemical and 7 fertilizer mineral mining phosphate rock primary products is 8 substantially revised, the department shall make appropriate 9 adjustment in the method used to compute the base rate 10 adjustment under this subsection which will produce results 11 reasonably consistent with the result which would have been 12 obtained if the producer price index for phosphate rock 13 primary products had not been revised. However, the tax rate 14 shall not be less than $1.56 per ton severed. 15 (e) In the event the producer price index for 16 phosphate rock primary products is discontinued, then a 17 comparable index shall be selected by the department and 18 adopted by rule. 19 (10)(7) The excise tax levied on the severance of 20 phosphate rock shall be in addition to any ad valorem taxes 21 levied upon the separately assessed mineral interest in the 22 real property upon which the site of severance is located, or 23 any other tax, permit, or license fee imposed by the state or 24 its political subdivisions. 25 (11)(8) The tax levied by this section shall be 26 collected in the manner prescribed in s. 211.33. 27 Section 14. Section 378.021, Florida Statutes, is 28 amended to read: 29 378.021 Master reclamation plan.-- 30 (1) The Department of Environmental Protection Natural 31 Resources shall amend the adopt by rule, as expeditiously as 9 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 possible upon receipt of the report of the Land Use Advisory 2 Committee, a master reclamation plan that provides to provide 3 guidelines for the reclamation of lands mined or disturbed by 4 the severance of phosphate rock prior to July 1, 1975, which 5 lands are not subject to mandatory reclamation under part II 6 of chapter 211. In amending the developing said master 7 reclamation plan, the Department of Environmental Protection 8 Natural Resources shall continue to conduct an onsite 9 evaluation of all lands mined or disturbed by the severance of 10 phosphate rock prior to July 1, 1975, which lands are not 11 subject to mandatory reclamation under part II of chapter 211, 12 and shall consider the report and plan prepared by the Land 13 Use Advisory Committee under s. 378.011 and submitted to the 14 former Department of Natural Resources for adoption by rule on 15 or before July 1, 1979. The master reclamation plan when 16 amended adopted by the Department of Environmental Protection 17 Natural Resources shall be consistent with local government 18 plans prepared pursuant to the Local Government Comprehensive 19 Planning and Land Development Regulation Act. 20 (2) The amended master reclamation plan shall identify 21 which of the lands mined or disturbed by the severance of 22 phosphate rock prior to July 1, 1975, meet the following 23 criteria: 24 (a) The quality of surface waters leaving the land 25 does not meet applicable water quality standards, if any; or, 26 health and safety hazards exist on the land; or, the soil has 27 not stabilized and revegetated; or, the remaining natural 28 resources associated with the land are not being conserved; 29 (b) The environmental or economic utility or aesthetic 30 value of the land would not naturally return within a 31 reasonable time, and reclamation would substantially promote 10 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 the environmental or economic utility or the aesthetic value 2 of the land; and 3 (c) The reclamation of the land is in the public 4 interest because the reclamation, when combined with other 5 reclamation under the master plan, would provide a substantial 6 regional benefit; and. 7 (d) The reclamation of the land is in the public 8 interest because the reclamation, when combined with other 9 reclamation under the master plan, will provide significant 10 benefits to surface water bodies supplying water for 11 environmental and public purposes in those areas of the state 12 where phosphate mining has been permitted. 13 (3) Lands evaluated by the department under subsection 14 (1) which meet the criteria set forth in subsection (2) shall 15 be identified with specificity in the master reclamation plan. 16 Lands evaluated by the department under subsection (1) which 17 do not meet the criteria set forth in subsection (2) shall 18 also be identified with specificity in the master reclamation 19 plan as lands which are acceptable in their present form. 20 (4) Upon adoption of the amendments to the master 21 reclamation plan as a rule, such plan shall provide the 22 guidelines for approval of reclamation programs for lands 23 covered in the plan, recognizing that reclamation of such 24 lands is not mandatory, but that any payment of costs expended 25 for reclamation paid under s. 378.031 shall be contingent upon 26 conformity with the guidelines set forth in the master 27 reclamation plan. 28 Section 15. Section 378.031, Florida Statutes, is 29 amended to read: 30 378.031 Reclamation or acquisition of nonmandatory 31 lands; legislative intent.--It is the intent of the 11 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 Legislature to provide an economic incentive to encourage the 2 reclamation of the maximum number of acres of eligible 3 nonmandatory lands in the most timely and efficient manner or 4 the donation or purchase of nonmandatory lands, especially 5 those lands for which reclamation activities will result in 6 significant improvements to surface water bodies of regional 7 importance in those areas of the state where phosphate mining 8 has been permitted. The Legislature recognizes that certain 9 lands mined or disturbed prior to July 1, 1975, have been 10 naturally reclaimed. 11 Section 16. Subsections (5), (6), (7), (8), and (9) of 12 section 378.035, Florida Statutes, are amended to read: 13 378.035 Department responsibilities and duties with 14 respect to Nonmandatory Land Reclamation Trust Fund.-- 15 (5) On July 1, 2001, $50 million of the unencumbered 16 Funds within the Nonmandatory Land Reclamation Trust Fund are 17 also authorized reserved for use by the department for the 18 following purposes:. 19 (a) These reserved moneys are to be used To reclaim 20 lands disturbed by the severance of phosphate rock on or after 21 July 1, 1975, in the event that a mining company ceases mining 22 and the associated reclamation prior to all lands disturbed by 23 the operation being reclaimed. Moneys expended by the 24 department to accomplish reclamation pursuant to this 25 subsection shall become a lien upon the property enforceable 26 pursuant to chapter 85. The moneys received as a result of a 27 lien foreclosure or as repayment shall be deposited into the 28 trust fund. In the event the money received as a result of 29 lien foreclosure or repayment is less than the amount expended 30 for reclamation, the department shall use all means available 31 to recover, for the use of the fund, the difference from the 12 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 affected parties. Paragraph (3)(b) shall apply to lands 2 acquired as a result of a lien foreclosure. 3 (b) The department may also expend funds from the $50 4 million reserve fund For the abatement of an imminent hazard 5 as provided by s. 403.4154(3) and for the purpose of closing 6 an abandoned phosphogypsum stack system and carrying out 7 postclosure care as provided by s. 403.4154(5). Fees deposited 8 in the Nonmandatory Land Reclamation Trust Fund pursuant to s. 9 403.4154(4) may be used for the purposes authorized in this 10 paragraph. Fowever, such fees may only be used at a stack 11 system if closure or imminent-hazard-abatement activities 12 initially commence on or after July 1, 2002. 13 (c)(6)(a) Up to one-half of the interest income 14 accruing to the funds reserved by subsection (5) shall be 15 available to the department annually For the purpose of 16 funding basic management or protection of reclaimed, restored, 17 or preserved phosphate lands: 18 1. Which have wildlife habitat value as determined by 19 the Bureau of Mine Reclamation; 20 2. Which have been transferred by the landowner to a 21 public agency or a private, nonprofit land conservation and 22 management entity in fee simple, or which have been made 23 subject to a conservation easement pursuant to s. 704.06; and 24 3. For which other management funding options are not 25 available. 26 27 These funds may, after the basic management or protection has 28 been assured for all such lands, be combined with other 29 available funds to provide a higher level of management for 30 such lands. 31 (d)(b) Up to one-half of the interest income accruing 13 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 to the funds reserved by subsection (5) shall be available to 2 the department annually For the sole purpose of funding the 3 department's implementation of: 4 1. The NPDES permitting program authorized by s. 5 403.0885, as it applies to phosphate mining and beneficiation 6 facilities, phosphate fertilizer production facilities, and 7 phosphate loading and handling facilities; 8 2. The regulation of dams in accordance with 9 department rule 62-672, Florida Administrative Code; and 10 3. The phosphogypsum management program pursuant to s. 11 403.4154 and department rule 62-673, Florida Administrative 12 Code. 13 14 On or before August 1 of each fiscal year, the department 15 shall prepare a report presenting the expenditures using the 16 interest income allocated by this section made by the 17 department during the immediately preceding fiscal year, which 18 report shall be available to the public upon request. 19 (6)(7) Should the nonmandatory land reclamation 20 program encumber all the funds in the Nonmandatory Land 21 Reclamation Trust Fund except those reserved by subsection (5) 22 prior to funding all the reclamation applications for eligible 23 parcels, the funds reserved by subsection (5) shall be 24 available to the program to the extent required to complete 25 the reclamation of all eligible parcels for which the 26 department has received applications. 27 (7)(8) The department may not accept any applications 28 for nonmandatory land reclamation programs after July 1, 2004 29 November 1, 2008. 30 (8)(9) The Bureau of Mine Reclamation shall review the 31 sufficiency of the Nonmandatory Land Reclamation Trust Fund to 14 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 support the stated objectives and report to the secretary 2 annually with recommendations as appropriate. The report 3 submittal for calendar year 2008 shall specifically address 4 the effect of providing a future refund of fees paid pursuant 5 to s. 403.4154(4) following certification of stack closure 6 pursuant to department rules, and the report shall be 7 submitted to the Governor, the President of the Senate, and 8 the Speaker of the House of Representatives on or before March 9 1, 2009. 10 11 For the 2003-2004 fiscal year the department may not approve 12 or encumber nonmandatory reclamation projects in amounts 13 greater than $15 million. 14 Section 17. Subsection (6) is added to section 15 378.036, Florida Statutes, to read: 16 378.036 Land acquisitions financed by Nonmandatory 17 Land Reclamation Trust Fund moneys.-- 18 (6)(a) By January 1, 2004, or within 6 months from the 19 date funds become available from the Legislature, whichever is 20 later, the Florida Wildlife Federation, Audubon Florida, and 21 Rails-to-Trails Conservancy in partnership with the Florida 22 Phosphate Council are authorized to form a nonprofit 23 corporation pursuant to chapter 617 for the purpose of 24 implementing the provisions of this section by creating plans 25 and assisting in the development of recreational opportunities 26 on lands mined for phosphate in the state. The first plans 27 shall concentrate on recreational activities in Hardee and 28 Hamilton Counties which will assist them in rural economic 29 development. 30 (b) The board of directors of the corporation shall be 31 composed of three members, one designated by the Florida 15 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 Phosphate Council, one as the designee of the Florida Wildlife 2 Federation, Audubon Florida, and Rails-to-Trails Conservancy, 3 and the third chosen by the other two designees. 4 (c) The business of the corporation shall be conducted 5 by the board of directors or a chief executive officer as the 6 board shall see fit in accordance with the provisions of its 7 articles of incorporation and applicable law. The activities 8 of the corporation shall be coordinated with all landowners 9 who have voluntarily agreed to participate in the process as 10 well as any local government where such lands are recorded. 11 (d) An annual report of the activities of the 12 corporation, including a certified audit, shall be presented 13 to the Secretary of Environmental Protection or his or her 14 designee by October 31 of each year following incorporation. 15 (e) The corporation shall dissolve on January 1, 2009, 16 unless dissolved previously by action of its board of 17 directors or extended by the Legislature. Upon dissolution, 18 any moneys remaining in the accounts of the corporation that 19 are unobligated shall be returned to the funds from which they 20 were appropriated in proportion to the amount contributed. All 21 tangible assets of the corporation at dissolution which were 22 acquired using state funding shall become the property of the 23 Department of Environmental Protection. 24 (f) For fiscal year 2003-2004, the sum of $200,000 25 shall be appropriated from the Nonmandatory Land Reclamation 26 Trust Fund to the non-profit corporation specified hereinabove 27 for the purpose of creating plans and assisting in the 28 development of recreational opportunities on lands mined for 29 phosphate in the state. 30 Section 18. Subsection (1) of section 378.212, Florida 31 Statutes, is amended to read: 16 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 378.212 Variances.-- 2 (1) Upon application, the secretary may grant a 3 variance from the provisions of this part or the rules adopted 4 pursuant thereto. Variances and renewals thereof may be 5 granted for any one of the following reasons: 6 (a) There is no practicable means known or available 7 to comply with the provisions of this part or the rules 8 adopted pursuant thereto. 9 (b) Compliance with a particular requirement or 10 requirements from which a variance is sought will necessitate 11 the taking of measures which must be spread over a 12 considerable period of time. A variance granted for this 13 reason shall prescribe a timetable for the taking of the 14 measures required. 15 (c) To relieve or prevent hardship, including economic 16 hardship, of a kind other than those provided for in 17 paragraphs (a) and (b). 18 (d) To accommodate specific phosphate mining, 19 processing or chemical plant uses that otherwise would be 20 inconsistent with the requirements of this part. 21 (e) To provide for an experimental technique that 22 would advance the knowledge of reclamation and restoration 23 methods. 24 (f) To accommodate projects, including those proposing 25 offsite mitigation, that provide a significant regional 26 benefit for wildlife and the environment. 27 (g) To accommodate reclamation that provides water 28 supply development or water resource development not 29 inconsistent with the applicable regional water supply plan 30 approved pursuant to s. 373.0361, provided adverse impacts are 31 not caused to the water resources in the basin. A variance may 17 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 also be granted from the requirements of part IV of chapter 2 373, or the rules adopted thereunder, when a project provides 3 an improvement in water availability in the basin and does not 4 cause adverse impacts to water resources in the basin. 5 Section 19. Subsection (9) is added to section 6 378.404, Florida Statutes, to read: 7 378.404 Department of Environmental Protection; powers 8 and duties.--The department shall have the following powers 9 and duties: 10 (9) To grant variances from the provisions of this 11 part to accommodate reclamation that provides for water supply 12 development or water resource development not inconsistent 13 with the applicable regional water supply plan approved 14 pursuant to s. 373.0361, appropriate stormwater management, 15 improved wildlife habitat, recreation, or a mixture thereof, 16 provided adverse impacts are not caused to the water resources 17 in the basin and public health and safety are not adversely 18 affected. 19 Section 20. Subsections (2), (3), and (4) of section 20 403.4154, Florida Statutes, are amended to read: 21 403.4154 Phosphogypsum management program.-- 22 (2) REGULATORY PROGRAM.-- 23 (a) It is the intent of the Legislature that the 24 department develop a program for the sound and effective 25 regulation of phosphogypsum stack systems in the state. 26 (b) The department shall adopt rules that prescribe 27 acceptable construction designs for new or expanded 28 phosphogypsum stack systems and that prescribe permitting 29 criteria for operation, closure criteria, long-term-care 30 requirements, and closure financial responsibility 31 requirements for phosphogypsum stack systems. 18 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 (c) Whoever willfully, knowingly, or with reckless 2 indifference or gross carelessness misstates or misrepresents 3 the financial condition or closure costs of an entity engaged 4 in managing, owning, or operating a phosphogypsum stack or 5 stack system commits a felony of the third degree, punishable 6 as provided in s. 775.082 or s. 775.083 by a fine of not more 7 than $50,000 and by imprisonment for 5 years for each offense. 8 (d) In the event that an owner or operator of a 9 phosphogypsum stack or stack system fails to comply with 10 department rules requiring demonstration of closure financial 11 responsibility, no distribution may be made that would be 12 prohibited under s. 607.06401(3), until the noncompliance is 13 corrected. Whoever willfully, knowingly, or with reckless 14 indifference or gross carelessness violates this prohibition 15 commits a felony of the third degree, punishable as provided 16 in s. 775.082 or s. 775.083 by a fine of not more than $50,000 17 or by imprisonment for 5 years for each offense. 18 (3) ABATEMENT OF IMMINENT HAZARD.-- 19 (a) The department may take action to abate or 20 substantially reduce any imminent hazard caused by the 21 physical condition, maintenance, operation, or closure of a 22 phosphogypsum stack system. 23 (b) An imminent hazard exists if the physical 24 condition, maintenance, operation, or closure of a 25 phosphogypsum stack system creates an immediate and 26 substantial danger to human health, safety, or welfare or to 27 the environment. A phosphogypsum stack system is presumed not 28 to cause an imminent hazard if the physical condition and 29 operation of the system are in compliance with all applicable 30 department rules. 31 (c) The failure of an owner or operator of a 19 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 phosphogypsum stack system to comply with department rules 2 requiring demonstration of closure financial responsibility 3 may be considered by the department as evidence that a 4 phosphogypsum stack poses an imminent hazard for purposes of 5 initiating actions authorized by paragraph (d). 6 (d)(c) If the department determines that the failure 7 of an owner or operator to comply with department rules 8 requiring demonstration of financial responsibility or that 9 the physical condition, maintenance, operation, or closure of 10 a phosphogypsum stack system poses an imminent hazard, the 11 department shall request access to the property on which such 12 stack system is located from the owner or operator of the 13 stack system for the purposes of taking action to abate or 14 substantially reduce the imminent hazard. If the department, 15 after reasonable effort, is unable to timely obtain the 16 necessary access to abate or substantially reduce the imminent 17 hazard, the department may institute action in its own name, 18 using the procedures and remedies of s. 403.121 or s. 403.131, 19 to abate or substantially reduce an imminent hazard. Whenever 20 serious harm to human health, safety, or welfare, to the 21 environment, or to private or public property may occur prior 22 to completion of an administrative hearing or other formal 23 proceeding that might be initiated to abate the risk of 24 serious harm, the department may obtain from the court, ex 25 parte, an injunction without paying filing and service fees 26 prior to the filing and service of process. 27 (e)(d) To abate or substantially reduce an imminent 28 hazard, the department may take any appropriate action, 29 including, but not limited to, using employees of the 30 department or contracting with other state or federal 31 agencies, with private third-party contractors, or with the 20 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 owner or operator of the stack system, or financing, 2 compensating, or funding a receiver, trustee, or owner of the 3 stack system, to perform all or part of the work. 4 (f)(e) The department shall recover from the owner or 5 operator of the phosphogypsum stack system to the use of the 6 Nonmandatory Land Reclamation Trust Fund all moneys expended 7 from the fund, including funds expended prior to the effective 8 date of this section, to abate an imminent hazard posed by the 9 phosphogypsum stack system plus a penalty equal to an amount 10 calculated at 30 percent of such funds expended. This penalty 11 shall be imposed annually, and prorated from the date of 12 payment from the fund until the expended funds and the penalty 13 are repaid. If the department prevails in any action to 14 recover funds pursuant to this subsection, it may recover 15 reasonable attorney's fees and costs incurred. Phosphogypsum 16 may not be deposited on a stack until all moneys expended from 17 the fund in connection with the stack have been repaid, unless 18 the department determines that such placement is necessary to 19 abate or avoid an imminent hazard or unless otherwise 20 authorized by the department. 21 (g)(f) The department may impose a lien on the real 22 property on which the phosphogypsum stack system that poses an 23 imminent hazard is located and on the real property underlying 24 and other assets located at associated phosphate fertilizer 25 production facilities equal in amount to the moneys expended 26 from the Nonmandatory Land Reclamation Trust Fund pursuant to 27 paragraph (d), including attorney's fees and court costs. The 28 owner of any property on which such a lien is imposed is 29 entitled to a release of the lien upon payment to the 30 department of the lien amount. The lien imposed by this 31 section does not take priority over any other prior perfected 21 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 lien on the real property, personal property, or other assets 2 referenced in this paragraph, including, but not limited to, 3 the associated phosphate rock mine and reserves. 4 (h) Upon a declaration by the Governor of an 5 environmental emergency concerning the abatement of a imminent 6 hazard involving a phosphogypsum stack or stack system, the 7 state and any agent under contract with the state for the 8 provision of services directly related to the abatement of 9 such hazard shall not become liable under state laws for 10 environmental protection for any costs, damages, or penalties 11 associated with the abatement of the imminent hazard. The 12 Legislature finds that provision of this limited immunity is 13 in the public interest and necessary for the abatement of the 14 imminent hazard. 15 (4) REGISTRATION FEES.-- 16 (a)1. The owner or operator of each existing 17 phosphogypsum stack who has not provided a performance bond, 18 letter of credit, trust fund agreement, or closure insurance 19 to demonstrate financial responsibility for closure and 20 long-term care shall pay to the department a fee as set forth 21 in this paragraph. All fees shall be deposited in the 22 Nonmandatory Land Reclamation Trust Fund. 23 2. The amount of the fee for each existing stack shall 24 be $75,000 for each of the five 12-month periods following 25 July 1, 2001. 26 3. The amount of the fee for any new stack for which 27 the owner or operator has not provided a performance bond, 28 letter of credit, trust fund agreement, or closure insurance 29 to demonstrate financial responsibility for closure and 30 long-term care shall be $75,000 for each of the five 12-month 31 periods following the issuance by the department of a 22 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 construction permit for that stack. 2 4. Within 30 days after a phosphogypsum stack has been 3 certified as closed pursuant to rule 62-673.620(2) and (3), 4 Florida Administrative Code, the department shall refund to 5 the owner of the closed phosphogypsum stack an amount from the 6 Nonmandatory Land Reclamation Trust Fund equal to the total 7 amount of fee payments made by the owner or operator to the 8 fund in connection with the closed phosphogypsum stack. 9 However, no refund shall be paid until such time as the 10 Mulberry and Piney Point phosphogypsum stack systems have been 11 closed and a satisfactory reserve has been established in the 12 Nonmandatory Reclamation Lands Trust Fund, except that any 13 refund becoming payable prior to July 1, 2009, shall be paid 14 to the owner on or after that date. 15 (b) On or before August 1 of each year, the department 16 shall provide written notice to each owner of an existing 17 stack of any fee payable for the 12-month period commencing on 18 the immediately preceding July 1. Each owner shall remit the 19 fee to the department on or before August 31 of each year. 20 Section 21. Section 403.4155, Florida Statutes, is 21 amended to read: 22 403.4155 Phosphogypsum management; rulemaking 23 authority.-- 24 (1) The Department of Environmental Protection shall 25 adopt rules to amend existing chapter 62-672, Florida 26 Administrative Code, to ensure that impoundment structures and 27 water conveyance piping systems used in phosphogypsum 28 management are designed and maintained to meet critical safety 29 standards. The rules must require that any impoundment 30 structure used in a phosphogypsum stack system, together with 31 all pumps, piping, ditches, drainage conveyances, water 23 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 control structures, collection pools, cooling ponds, surge 2 ponds, and any other collection or conveyance system 3 associated with phosphogypsum transport, cooling water, or the 4 return of process wastewater, is constructed using sound 5 engineering practices and is operated to avoid spills or 6 discharges of materials which adversely affect surface or 7 ground waters. The rules must require that a phosphogypsum 8 stack system owner maintain a log detailing the owner's 9 operating inspection schedule, results, and any corrective 10 action taken based on the inspection results. The rules must 11 require phosphogypsum stack owners to maintain an emergency 12 contingency plan and demonstrate the ability to mobilize 13 equipment and manpower to respond to emergency situations at 14 phosphogypsum stack systems. The rules must establish a 15 reasonable time period not to exceed 12 months for facilities 16 to meet the provisions of the rules adopted pursuant to this 17 section. 18 (2)(a) By October 1, 2003, the department shall 19 initiate rulemaking to require that phosphogypsum stack system 20 operation plans required by department rule be amended by 21 adding an interim stack system management (ISSM) plan that 22 provides written instructions for the operation of the system 23 assuming that no phosphoric acid would be produced at the 24 facility for a 2-year period. The initial ISSM plan shall be 25 completed as of the first July 1 following the adoption of the 26 rule required by this section. The ISSM plan shall include: 27 1. A detailed description of process water management 28 procedures that will be implemented to ensure that the stack 29 system operates in accordance with all applicable department 30 permit conditions and rules. The procedures shall address the 31 actual process water levels present at the facility 30 days 24 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 prior to the completion of the plan and shall assume that the 2 facility will receive annual average rainfall during the 3 2-year planning period. 4 2. A detailed description of the procedures to be 5 followed for the daily operation and routine maintenance of 6 the stack system, including required environmental sampling 7 and analyses, as well as for any maintenance or repairs 8 recommended following annual inspections of the system. 9 3. Identification of all machinery, equipment, and 10 materials necessary to implement the plan. 11 4. Identification of the sources of power or fuel 12 necessary to implement the plan. 13 5. Identification of the personnel necessary to 14 implement the plan. 15 (b) The ISSM plan shall be updated annually, taking 16 into account process water levels as of June 1 of each year 17 and the existing stack system configuration. 18 (c) The requirements listed in paragraphs (a) and (b) 19 are applicable to all phosphogypsum stack systems except those 20 which have been closed, which are undergoing closure, or for 21 which an application for a closure permit has been submitted 22 pursuant to department rule. 23 (3)(a) By October 1, 2003, the department shall 24 initiate rulemaking to require that general plans and 25 schedules for the closure of phosphogypsum stack systems 26 include: 27 1. A description of the physical configuration of the 28 phosphogypsum stack system anticipated at the time of closure 29 at the end of useful life of the system. 30 2. A site-specific water management plan describing 31 the procedures to be employed at the end of the useful life of 25 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 the system to manage the anticipated volume of process water 2 in an environmentally sound manner. 3 3. An estimate of the cost of management of the 4 anticipated volume of process water in accordance with the 5 site-specific water management plan. 6 4. A description of all construction work necessary to 7 properly close the system in accordance with department rules. 8 5. An estimate of all costs associated with long-term 9 care of the closed system, including maintenance and 10 monitoring, in accordance with department rules. 11 (b) The department shall revise chapter 62-673, 12 Florida Administrative Code, to require the owner or operator 13 of a phosphogypsum stack management system to demonstrate 14 financial responsibility for the costs of terminal closure of 15 the phosphogypsum stack system in a manner that protects the 16 public health and safety. 17 1. The costs of terminal closure shall be estimated 18 based on the stack system configuration as of the end of its 19 useful life as determined by the owner or operator. 20 2. The owner or operator may demonstrate financial 21 responsibility by use of one or more of the following methods: 22 a. Bond. 23 b. Letter of credit. 24 c. Cash deposit arrangement. 25 d. Closure insurance. 26 e. Financial tests. 27 f. Corporate guarantee. 28 29 For the purposes of this section, a "cash deposit arrangement" 30 refers to a trust fund, business or statutory trust, escrow 31 account, or similar cash deposit entity whereby a fiduciary 26 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 holds and invests funds deposited by the owner or operator, 2 which funds shall be expended only for the purpose of directly 3 implementing all or some portion of phosphogypsum stack system 4 closure requirements of that particular owner or operator. 5 3. A trustee, escrow agent, or other fiduciary of a 6 cash deposit arrangement authorized by this section shall have 7 no liability for any damage or loss of any kind arising out of 8 or caused by performance of duties imposed by the terms of the 9 applicable agreement except where such damage or loss is 10 directly caused by the gross negligence or criminal act of the 11 trustee, escrow agent, or other fiduciary. In performing its 12 duties pursuant to the applicable agreement, a trustee, escrow 13 agent, or other fiduciary shall be entitled to rely upon 14 information and direction received from the grantor or the 15 department without independent verification unless such 16 information and direction are manifestly in error: 17 4. To the extent that a cash deposit arrangement is 18 used to provide proof of financial responsibility for all or a 19 portion of closure costs, the trust, escrow, or cash 20 arrangement deposit entity shall be deemed to have assumed all 21 liability for such closure costs up to the amount of the cash 22 deposit, less any fees or costs of the trustee, escrow agent, 23 or other fiduciary. 24 5. Any funds maintained in a cash deposit arrangement 25 authorized by this section shall not be subject to claims of 26 creditors of the owner or operator and shall otherwise be 27 exempt from setoff, execution, levy, garnishment, and similar 28 writs and proceedings. 29 6. Any funds remaining in a trust, escrow account, or 30 other cash deposit arrangement after the purpose of such cash 31 deposit arrangement under this section has been accomplished 27 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 shall be returned to the grantor. 2 (4) The department shall revise chapter 62-673, 3 Florida Administrative Code, to require the owner or operator 4 of a phosphogypsum stack system to demonstrate financial 5 responsibility for the costs of terminal closure of the 6 phosphogypsum stack system in a manner that protects the 7 environment and the public health and safety. At a minimum, 8 such rules shall include or address the following 9 requirements: 10 (a) That the cost of closure and long-term care be 11 re-estimated by a professional engineer and adjusted for 12 inflation on an annual basis. At a minimum, such cost data 13 shall include: 14 1. The cost of treatment and appropriate disposal of 15 all process wastewater, both ponded and pore, in the system. 16 2. All construction work necessary to properly close 17 the system in accordance with department rules. 18 3. All costs associated with long-term care of the 19 closed system, including maintenance and monitoring, in 20 accordance with department rules. 21 (b) That financial statements and financial data be 22 prepared according to generally accepted accounting principles 23 within the United States and submitted quarterly. 24 (c) That audited financial statements be provided 25 annually along with the statement of financial assurance. 26 (d) That any owner or operator in default on any of 27 its obligations report such default immediately. 28 (2) By January 31, 2002, the department shall review 29 chapter 62-673, Florida Administrative Code, to determine the 30 adequacy of the financial responsibility provisions contained 31 in the rules and shall take any measures necessary to ensure 28 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 that the rules provide sound and effective provisions to 2 minimize risk to the environment and to public health and 3 safety from the business failure of a phosphogypsum stack 4 system. 5 Section 22. (1) The Department of Environmental 6 Protection, in consultation with the Southwest Florida Water 7 Management District, shall study cumulative impacts of changes 8 in landform and hydrology in the Peace River Basin. The study 9 shall evaluate cumulative impacts of activities conducted in 10 the Peace River Basin prior to state regulation, or pursuant 11 to an exemption, a permit, or a reclamation plan on water 12 resources of the basin, including surface waters, 13 groundwaters, fisheries, aquatic and estuarine habitat, and 14 water supplies. The study shall also include an evaluation of 15 the effectiveness of existing regulatory programs in avoiding, 16 minimizing, mitigating, or compensating for cumulative impacts 17 on water resources of the basin. 18 (2) Upon completion of the study, the department shall 19 prepare and adopt a resource management plan for the Peace 20 River Basin to minimize any identified existing and future 21 adverse cumulative impacts to water resources of the basin, 22 including surface waters, groundwaters, wetlands, fisheries, 23 aquatic and estuarine habitat, and water supplies. The plan 24 shall identify regulatory and nonregulatory actions necessary 25 to minimize existing and future adverse cumulative impacts 26 identified in the study and where appropriate, shall also 27 recommend statutory changes to improve regulatory programs to 28 minimize identified cumulative impacts to water resources of 29 the basin. 30 (3) The resource management plan shall be submitted to 31 the Governor, the Speaker of the House of Representatives and 29 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 the President of the Senate no later than January 1, 2005. 2 (4) The department may use up to $750,000 from the 3 Nonmandatory Land Reclamation Trust Fund to prepare the study 4 and plan required in this section. 5 (5) The department may establish a technical advisory 6 committee to assist the department in developing a plan of 7 study, reviewing interim findings, and reviewing final 8 recommendations. The technical advisory committee may include 9 representatives from the following interests in the Peace 10 River Basin: industrial, mining, agriculture, development, 11 environmental, fishing, regional water supply, and local 12 government. 13 Section 23. For fiscal year 2003-2004, the sum of 14 $12.5 million is hereby transferred from the Nonmandatory Land 15 Reclamation Trust Fund to the General Revenue Fund. 16 Section 24. For fiscal year 2003-2004, the sum of 17 $800,000 is appropriated to the Phosphate Research Trust Fund 18 from the proceeds of the phosphate severance tax deposited 19 into the Nonmandatory Land Reclamation Trust Fund. Such funds 20 shall be used by the Florida Institute of Phosphate Research 21 to conduct a bench and pilot scale study of the FIPR/DIPR 22 process for the purpose of determining its technical and 23 economic feasibility. The study shall evaluate the 24 availability, technical feasibility, and cost of using various 25 types of fiber, including, but not limited to, paper and 26 sewage sludge. The study shall evaluate the technical 27 feasibility and practicality of various methods of using and 28 disposing of the clay/fiber product produced, including 29 admixing the material with soil. 30 Section 25. This act shall take effect upon becoming a 31 law. 30 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 3, line 2, after the semicolon 4 5 insert: 6 amending s. 211.3103, F.S.; amending the tax on 7 phosphate rock; providing for the distribution 8 of tax proceeds; deleting obsolete language; 9 amending s. 378.021, F.S.; directing the 10 Department of Environmental Protection to amend 11 the master reclamation plan; amending s. 12 378.031, F.S.; providing additional intent 13 concerning reclamation activities; amending s. 14 378.035, F.S.; amending authorized uses of 15 funds deposited in the Nonmandatory Land 16 Reclamation Trust Fund; removing requirements 17 for a reserve; limiting reclamation 18 expenditures for fiscal year 2003-2004; 19 amending s. 378.036, F.S.; creating a 20 not-for-profit partnership to assist in 21 phosphate reclamation; providing duties of the 22 partnership; providing for the administration 23 of partnership funds; providing an 24 appropriation; amending s. 378.212; providing 25 authority for a variance for certain 26 reclamation activities; amending s. 378.404, 27 F.S.; allowing variances for water supply 28 development; amending s. 403.4154, F.S.; 29 providing criminal penalties for certain 30 violations; prohibiting the distribution of 31 certain company assets under certain 31 5:10 PM 05/02/03 s2316.nr17.Wb
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 101776 1 circumstances; providing for the declaration of 2 an imminent hazard if certain financial 3 conditions exist; providing limited liability 4 for entities assisting in the abatement of 5 imminent hazards; amending a provision granting 6 certain rebates of phosphate fees; amending s. 7 403.4155, F.S.; directing that rules be 8 developed for financial assurance, interim 9 stack management, and stack closure; requiring 10 the Department of Environmental Protection to 11 conduct a study; providing funds for the study; 12 providing for the transfer of certain funds 13 from the Nonmandatory Land Reclamation Trust 14 Fund to the General Revenue Fund; providing for 15 the funding of a study by the Florida Institute 16 of Phosphate Research; 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 5:10 PM 05/02/03 s2316.nr17.Wb