Amendment
Bill No. 1528

Amendment No. 007133

CHAMBER ACTION
Senate		House
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1	Representative Sands offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Section 199.1055, Florida Statutes, is amended
6	to read:
7	199.1055  Contaminated site rehabilitation tax credit.--
8	(1)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--
9	(a)  A credit in the amount of 50 35 percent of the costs
10	of voluntary cleanup activity that is integral to site
11	rehabilitation at the following sites is available against any
12	tax due for a taxable year under s. 199.032, less any credit
13	allowed by former s. 220.68 for that year:
14	1.  A drycleaning-solvent-contaminated site eligible for
15	state-funded site rehabilitation under s. 376.3078(3);
16	2.  A drycleaning-solvent-contaminated site at which
17	cleanup is undertaken by the real property owner pursuant to s.
18	376.3078(11), if the real property owner is not also, and has
19	never been, the owner or operator of the drycleaning facility
20	where the contamination exists; or
21	3.  A brownfield site in a designated brownfield area under
22	s. 376.80.
23	(b)  A tax credit applicant, or multiple tax credit
24	applicants working jointly to clean up a single site, may not be
25	granted more than $500,000 $250,000 per year in tax credits for
26	each site voluntarily rehabilitated. Multiple tax credit
27	applicants shall be granted tax credits in the same proportion
28	as their contribution to payment of cleanup costs. Subject to
29	the same conditions and limitations as provided in this section,
30	a municipality, county, or other tax credit applicant which
31	voluntarily rehabilitates a site may receive not more than
32	$500,000 $250,000 per year in tax credits which it can
33	subsequently transfer subject to the provisions in paragraph
34	(g).
35	(c)  If the credit granted under this section is not fully
36	used in any one year because of insufficient tax liability on
37	the part of the tax credit applicant, the unused amount may be
38	carried forward for a period not to exceed 5 years. Five years
39	after the date a credit is granted under this section, such
40	credit expires and may not be used. However, if during the 5-
41	year period the credit is transferred, in whole or in part,
42	pursuant to paragraph (g), each transferee has 5 years after the
43	date of transfer to use its credit.
44	(d)  A taxpayer that receives a credit under s. 220.1845 is
45	ineligible to receive credit under this section in a given tax
46	year.
47	(e)  A tax credit applicant that receives state-funded site
48	rehabilitation pursuant to s. 376.3078(3) for rehabilitation of
49	a drycleaning-solvent-contaminated site is ineligible to receive
50	credit under this section for costs incurred by the tax credit
51	applicant in conjunction with the rehabilitation of that site
52	during the same time period that state-administered site
53	rehabilitation was underway.
54	(f)  The total amount of the tax credits which may be
55	granted under this section and s. 220.1845 is $5 $2 million
56	annually.
57	(g)1.  Tax credits that may be available under this section
58	to an entity eligible under s. 376.30781 may be transferred
59	after a merger or acquisition to the surviving or acquiring
60	entity and used in the same manner with the same limitations.
61	2.  The entity or its surviving or acquiring entity as
62	described in subparagraph 1., may transfer any unused credit in
63	whole or in units of no less than 25 percent of the remaining
64	credit. The entity acquiring such credit may use it in the same
65	manner and with the same limitation as described in this
66	section. Such transferred credits may not be transferred again
67	although they may succeed to a surviving or acquiring entity
68	subject to the same conditions and limitations as described in
69	this section.
70	3.  In the event the credit provided for under this section
71	is reduced either as a result of a determination by the
72	Department of Environmental Protection or an examination or
73	audit by the Department of Revenue, such tax deficiency shall be
74	recovered from the first entity, or the surviving or acquiring
75	entity, to have claimed such credit up to the amount of credit
76	taken. Any subsequent deficiencies shall be assessed against any
77	entity acquiring and claiming such credit, or in the case of
78	multiple succeeding entities in the order of credit succession.
79	(h)  In order to encourage completion of site
80	rehabilitation at contaminated sites being voluntarily cleaned
81	up and eligible for a tax credit under this section, the tax
82	credit applicant may claim an additional 25 10 percent of the
83	total cleanup costs, not to exceed $500,000 $50,000, in the
84	final year of cleanup as evidenced by the Department of
85	Environmental Protection issuing a "No Further Action" order for
86	that site.
87	(i)  In order to encourage the construction of housing that
88	meets the definition of affordable provided in s. 420.0004(3),
89	an applicant for the tax credit may claim an additional 25
90	percent of the total site-rehabilitation costs that are eligible
91	for tax credits under this section, not to exceed $500,000. In
92	order to receive this additional tax credit, the applicant must
93	provide a certification letter from the Florida Housing Finance
94	Corporation, the local housing authority, or other governmental
95	agency that is a party to the use agreement, indicating that the
96	construction on the brownfield site is complete, the brownfield
97	site has received a certificate of occupancy, and the brownfield
98	site has a properly recorded instrument that limits the use of
99	the property to housing that meets the definition of affordable
100	provided in s. 420.0004(3).
101	(2)  FILING REQUIREMENTS.--Any taxpayer that wishes to
102	obtain credit under this section must submit with its return a
103	tax credit certificate approving partial tax credits issued by
104	the Department of Environmental Protection under s. 376.30781.
105	(3)  ADMINISTRATION; AUDIT AUTHORITY; TAX CREDIT
106	FORFEITURE.--
107	(a)  The Department of Revenue may adopt rules to prescribe
108	any necessary forms required to claim a tax credit under this
109	section and to provide the administrative guidelines and
110	procedures required to administer this section.
111	(b)  In addition to its existing audit and investigation
112	authority relating to chapters 199 and 220, the Department of
113	Revenue may perform any additional financial and technical
114	audits and investigations, including examining the accounts,
115	books, or records of the tax credit applicant, which are
116	necessary to verify the site rehabilitation costs included in a
117	tax credit return and to ensure compliance with this section.
118	The Department of Environmental Protection shall provide
119	technical assistance, when requested by the Department of
120	Revenue, on any technical audits performed under this section.
121	(c)  It is grounds for forfeiture of previously claimed and
122	received tax credits if the Department of Revenue determines, as
123	a result of either an audit or information received from the
124	Department of Environmental Protection, that a taxpayer received
125	tax credits under this section to which the taxpayer was not
126	entitled. In the case of fraud, the taxpayer shall be prohibited
127	from claiming any future tax credits under this section or s.
128	220.1845.
129	1.  The taxpayer is responsible for returning forfeited tax
130	credits to the Department of Revenue, and such funds shall be
131	paid into the General Revenue Fund of the state.
132	2.  The taxpayer shall file with the Department of Revenue
133	an amended tax return or such other report as the Department of
134	Revenue prescribes by rule and shall pay any required tax within
135	60 days after the taxpayer receives notification from the
136	Department of Environmental Protection pursuant to s. 376.30781
137	that previously approved tax credits have been revoked or
138	modified, if uncontested, or within 60 days after a final order
139	is issued following proceedings involving a contested revocation
140	or modification order.
141	3.  A notice of deficiency may be issued by the Department
142	of Revenue at any time within 5 years after the date the
143	taxpayer receives notification from the Department of
144	Environmental Protection pursuant to s. 376.30781 that
145	previously approved tax credits have been revoked or modified.
146	If a taxpayer fails to notify the Department of Revenue of any
147	change in its tax credit claimed, a notice of deficiency may be
148	issued at any time. In either case, the amount of any proposed
149	assessment set forth in such notice of deficiency shall be
150	limited to the amount of any deficiency resulting under this
151	section from the recomputation of the taxpayer's tax for the
152	taxable year.
153	4.  Any taxpayer that fails to report and timely pay any
154	tax due as a result of the forfeiture of its tax credit is in
155	violation of this section and is subject to applicable penalty
156	and interest.
157	Section 2.  Section 220.1845, Florida Statutes, is amended
158	to read:
159	220.1845  Contaminated site rehabilitation tax credit.--
160	(1)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--
161	(a)  A credit in the amount of 50 35 percent of the costs
162	of voluntary cleanup activity that is integral to site
163	rehabilitation at the following sites is available against any
164	tax due for a taxable year under this chapter:
165	1.  A drycleaning-solvent-contaminated site eligible for
166	state-funded site rehabilitation under s. 376.3078(3);
167	2.  A drycleaning-solvent-contaminated site at which
168	cleanup is undertaken by the real property owner pursuant to s.
169	376.3078(11), if the real property owner is not also, and has
170	never been, the owner or operator of the drycleaning facility
171	where the contamination exists; or
172	3.  A brownfield site in a designated brownfield area under
173	s. 376.80.
174	(b)  A tax credit applicant, or multiple tax credit
175	applicants working jointly to clean up a single site, may not be
176	granted more than $500,000 $250,000 per year in tax credits for
177	each site voluntarily rehabilitated. Multiple tax credit
178	applicants shall be granted tax credits in the same proportion
179	as their contribution to payment of cleanup costs. Subject to
180	the same conditions and limitations as provided in this section,
181	a municipality, county, or other tax credit applicant which
182	voluntarily rehabilitates a site may receive not more than
183	$500,000 $250,000 per year in tax credits which it can
184	subsequently transfer subject to the provisions in paragraph
185	(h).
186	(c)  If the credit granted under this section is not fully
187	used in any one year because of insufficient tax liability on
188	the part of the corporation, the unused amount may be carried
189	forward for a period not to exceed 5 years. The carryover credit
190	may be used in a subsequent year when the tax imposed by this
191	chapter for that year exceeds the credit for which the
192	corporation is eligible in that year under this section after
193	applying the other credits and unused carryovers in the order
194	provided by s. 220.02(8). Five years after the date a credit is
195	granted under this section, such credit expires and may not be
196	used. However, if during the 5-year period the credit is
197	transferred, in whole or in part, pursuant to paragraph (h),
198	each transferee has 5 years after the date of transfer to use
199	its credit.
200	(d)  A taxpayer that files a consolidated return in this
201	state as a member of an affiliated group under s. 220.131(1) may
202	be allowed the credit on a consolidated return basis up to the
203	amount of tax imposed upon the consolidated group.
204	(e)  A taxpayer that receives credit under s. 199.1055 is
205	ineligible to receive credit under this section in a given tax
206	year.
207	(f)  A tax credit applicant that receives state-funded site
208	rehabilitation under s. 376.3078(3) for rehabilitation of a
209	drycleaning-solvent-contaminated site is ineligible to receive
210	credit under this section for costs incurred by the tax credit
211	applicant in conjunction with the rehabilitation of that site
212	during the same time period that state-administered site
213	rehabilitation was underway.
214	(g)  The total amount of the tax credits which may be
215	granted under this section and s. 199.1055 is $5 $2 million
216	annually.
217	(h)1.  Tax credits that may be available under this section
218	to an entity eligible under s. 376.30781 may be transferred
219	after a merger or acquisition to the surviving or acquiring
220	entity and used in the same manner and with the same
221	limitations.
222	2.  The entity or its surviving or acquiring entity as
223	described in subparagraph 1., may transfer any unused credit in
224	whole or in units of no less than 25 percent of the remaining
225	credit. The entity acquiring such credit may use it in the same
226	manner and with the same limitation as described in this
227	section. Such transferred credits may not be transferred again
228	although they may succeed to a surviving or acquiring entity
229	subject to the same conditions and limitations as described in
230	this section.
231	3.  In the event the credit provided for under this section
232	is reduced either as a result of a determination by the
233	Department of Environmental Protection or an examination or
234	audit by the Department of Revenue, such tax deficiency shall be
235	recovered from the first entity, or the surviving or acquiring
236	entity, to have claimed such credit up to the amount of credit
237	taken. Any subsequent deficiencies shall be assessed against any
238	entity acquiring and claiming such credit, or in the case of
239	multiple succeeding entities in the order of credit succession.
240	(i)  In order to encourage completion of site
241	rehabilitation at contaminated sites being voluntarily cleaned
242	up and eligible for a tax credit under this section, the tax
243	credit applicant may claim an additional 25 10 percent of the
244	total cleanup costs, not to exceed $500,000 $50,000, in the
245	final year of cleanup as evidenced by the Department of
246	Environmental Protection issuing a "No Further Action" order for
247	that site.
248	(j)  In order to encourage the construction of housing that
249	meets the definition of affordable provided in s. 420.0004(3),
250	an applicant for the tax credit may claim an additional 25
251	percent of the total site-rehabilitation costs that are eligible
252	for tax credits under this section, not to exceed $500,000. In
253	order to receive this additional tax credit, the applicant must
254	provide a certification letter from the Florida Housing Finance
255	Corporation, the local housing authority, or other governmental
256	agency that is a party to the use agreement, indicating that the
257	construction on the brownfield site is complete, the brownfield
258	site has received a certificate of occupancy, and the brownfield
259	site has a properly recorded instrument that limits the use of
260	the property to housing that meets the definition of affordable
261	provided in s. 420.0004(3).
262	(2)  FILING REQUIREMENTS.--Any corporation that wishes to
263	obtain credit under this section must submit with its return a
264	tax credit certificate approving partial tax credits issued by
265	the Department of Environmental Protection under s. 376.30781.
266	(3)  ADMINISTRATION; AUDIT AUTHORITY; TAX CREDIT
267	FORFEITURE.--
268	(a)  The Department of Revenue may adopt rules to prescribe
269	any necessary forms required to claim a tax credit under this
270	section and to provide the administrative guidelines and
271	procedures required to administer this section.
272	(b)  In addition to its existing audit and investigation
273	authority relating to chapter 199 and this chapter, the
274	Department of Revenue may perform any additional financial and
275	technical audits and investigations, including examining the
276	accounts, books, or records of the tax credit applicant, which
277	are necessary to verify the site rehabilitation costs included
278	in a tax credit return and to ensure compliance with this
279	section. The Department of Environmental Protection shall
280	provide technical assistance, when requested by the Department
281	of Revenue, on any technical audits performed pursuant to this
282	section.
283	(c)  It is grounds for forfeiture of previously claimed and
284	received tax credits if the Department of Revenue determines, as
285	a result of either an audit or information received from the
286	Department of Environmental Protection, that a taxpayer received
287	tax credits pursuant to this section to which the taxpayer was
288	not entitled. In the case of fraud, the taxpayer shall be
289	prohibited from claiming any future tax credits under this
290	section or s. 199.1055.
291	1.  The taxpayer is responsible for returning forfeited tax
292	credits to the Department of Revenue, and such funds shall be
293	paid into the General Revenue Fund of the state.
294	2.  The taxpayer shall file with the Department of Revenue
295	an amended tax return or such other report as the Department of
296	Revenue prescribes by rule and shall pay any required tax within
297	60 days after the taxpayer receives notification from the
298	Department of Environmental Protection pursuant to s. 376.30781
299	that previously approved tax credits have been revoked or
300	modified, if uncontested, or within 60 days after a final order
301	is issued following proceedings involving a contested revocation
302	or modification order.
303	3.  A notice of deficiency may be issued by the Department
304	of Revenue at any time within 5 years after the date the
305	taxpayer receives notification from the Department of
306	Environmental Protection pursuant to s. 376.30781 that
307	previously approved tax credits have been revoked or modified.
308	If a taxpayer fails to notify the Department of Revenue of any
309	change in its tax credit claimed, a notice of deficiency may be
310	issued at any time. In either case, the amount of any proposed
311	assessment set forth in such notice of deficiency shall be
312	limited to the amount of any deficiency resulting under this
313	section from the recomputation of the taxpayer's tax for the
314	taxable year.
315	4.  Any taxpayer that fails to report and timely pay any
316	tax due as a result of the forfeiture of its tax credit is in
317	violation of this section and is subject to applicable penalty
318	and interest.
319	Section 3.  Section 376.30781, Florida Statutes, is amended
320	to read:
321	376.30781  Partial tax credits for rehabilitation of
322	drycleaning-solvent-contaminated sites and brownfield sites in
323	designated brownfield areas; application process; rulemaking
324	authority; revocation authority.--
325	(1)  The Legislature finds that:
326	(a)  To facilitate property transactions and economic
327	growth and development, it is in the interest of the state to
328	encourage the cleanup, at the earliest possible time, of
329	drycleaning-solvent-contaminated sites and brownfield sites in
330	designated brownfield areas.
331	(b)  It is the intent of the Legislature to encourage the
332	voluntary cleanup of drycleaning-solvent-contaminated sites and
333	brownfield sites in designated brownfield areas by providing a
334	partial tax credit for the restoration of such property in
335	specified circumstances.
336	(2)  Notwithstanding the requirements of subsection (5),
337	tax credits allowed pursuant to ss. 199.1055 and 220.1845 are
338	available for any site rehabilitation conducted during the
339	calendar year in which the applicable voluntary cleanup
340	agreement or brownfield site rehabilitation agreement is
341	executed, even if the site rehabilitation is conducted prior to
342	the execution of that agreement or the designation of the
343	brownfield area.
344	(3)(2)(a)  A credit in the amount of 50 35 percent of the
345	costs of voluntary cleanup activity that is integral to site
346	rehabilitation at the following sites is allowed pursuant to ss.
347	199.1055 and 220.1845:
348	1.  A drycleaning-solvent-contaminated site eligible for
349	state-funded site rehabilitation under s. 376.3078(3);
350	2.  A drycleaning-solvent-contaminated site at which
351	cleanup is undertaken by the real property owner pursuant to s.
352	376.3078(11), if the real property owner is not also, and has
353	never been, the owner or operator of the drycleaning facility
354	where the contamination exists; or
355	3.  A brownfield site in a designated brownfield area under
356	s. 376.80.
357	(b)  A tax credit applicant, or multiple tax credit
358	applicants working jointly to clean up a single site, may not be
359	granted more than $500,000 $250,000 per year in tax credits for
360	each site voluntarily rehabilitated. Multiple tax credit
361	applicants shall be granted tax credits in the same proportion
362	as their contribution to payment of cleanup costs. Tax credits
363	are available only for site rehabilitation conducted during the
364	calendar year for which the tax credit application is submitted.
365	(c)  In order to encourage completion of site
366	rehabilitation at contaminated sites that are being voluntarily
367	cleaned up and that are eligible for a tax credit under this
368	section, the tax credit applicant may claim an additional 25 10
369	percent of the total cleanup costs, not to exceed $500,000
370	$50,000, in the final year of cleanup as evidenced by the
371	Department of Environmental Protection issuing a "No Further
372	Action" order for that site.
373	(d)  In order to encourage the construction of housing that
374	meets the definition of affordable provided in s. 420.0004(3),
375	an applicant for the tax credit may claim an additional 25
376	percent of the total site-rehabilitation costs that are eligible
377	for tax credits under this section, not to exceed $500,000. In
378	order to receive this additional tax credit, the applicant must
379	provide a certification letter from the Florida Housing Finance
380	Corporation, the local housing authority, or other governmental
381	agency that is a party to the use agreement, indicating that the
382	construction on the brownfield site is complete, the brownfield
383	site has received a certificate of occupancy, and the brownfield
384	site has a properly recorded instrument that limits the use of
385	the property to housing that meets the definition of affordable
386	provided in s. 420.0004(3). Notwithstanding the limitation that
387	only one application shall be submitted each year for each site,
388	an application for the additional credit provided for in this
389	paragraph shall be submitted as soon as all requirements to
390	obtain this additional tax credit have been met.
391	(e)  Notwithstanding the restrictions in this section that
392	limit tax credit eligibility to costs that are integral to site
393	rehabilitation, to encourage the redevelopment of properties in
394	designated brownfield areas that are hindered by the presence of
395	solid waste, as defined in s. 403.703, a tax credit applicant
396	may also claim costs to address the solid waste, but only those
397	costs to remove, transport, and dispose of solid waste in
398	accordance with department rules. These costs are eligible for a
399	tax credit provided the applicant submits an affidavit stating
400	that, after consultation with appropriate local government
401	officials and the department, to the best of the applicant's
402	knowledge, the site was never operated as a landfill or dump
403	site for monetary compensation, and submits all other
404	documentation and certifications required by this section. In
405	this section, where reference is made to "site rehabilitation,"
406	the department shall instead consider whether the costs claimed
407	are for removal, transportation, and disposal of solid waste.
408	Tax credit applications claiming costs pursuant to this
409	paragraph shall not be subject to the calendar-year limitation
410	and January 15 annual application deadline, and the department
411	shall accept a one-time application filed subsequent to the
412	completion by the tax credit applicant of the applicable
413	requirements listed in this paragraph.
414	(4)(3)  The Department of Environmental Protection shall be
415	responsible for allocating the tax credits provided for in ss.
416	199.1055 and 220.1845, not to exceed a total of $5 $2 million in
417	tax credits annually.
418	(5)(4)  To claim the credit for site rehabilitation
419	conducted during the current calendar year, each tax credit
420	applicant must apply to the Department of Environmental
421	Protection for an allocation of the $5 $2 million annual credit
422	by January 15 of the following year on a form developed by the
423	Department of Environmental Protection in cooperation with the
424	Department of Revenue. The form shall include an affidavit from
425	each tax credit applicant certifying that all information
426	contained in the application, including all records of costs
427	incurred and claimed in the tax credit application, are true and
428	correct. If the application is submitted pursuant to
429	subparagraph (3)(2)(a)2., the form must include an affidavit
430	signed by the real property owner stating that it is not, and
431	has never been, the owner or operator of the drycleaning
432	facility where the contamination exists. Approval of partial tax
433	credits must be accomplished on a first-come, first-served basis
434	based upon the date complete applications are received by the
435	Division of Waste Management. A tax credit applicant shall
436	submit only one complete application per site for each calendar
437	year's site rehabilitation costs. Incomplete placeholder
438	applications shall not be accepted and will not secure a place
439	in the first-come, first-served application line. To be eligible
440	for a tax credit, the tax credit applicant must:
441	(a)  Have entered into a voluntary cleanup agreement with
442	the Department of Environmental Protection for a drycleaning-
443	solvent-contaminated site or a Brownfield Site Rehabilitation
444	Agreement, as applicable; and
445	(b)  Have paid all deductibles pursuant to s.
446	376.3078(3)(e) for eligible drycleaning-solvent-cleanup program
447	sites.
448	(6)(5)  To obtain the tax credit certificate, a tax credit
449	applicant must annually file an application for certification,
450	which must be received by the Division of Waste Management of
451	the Department of Environmental Protection by January 15 of the
452	year following the calendar year for which site rehabilitation
453	costs are being claimed in a tax credit application. The tax
454	credit applicant must provide all pertinent information
455	requested on the tax credit application form, including, at a
456	minimum, the name and address of the tax credit applicant and
457	the address and tracking identification number of the eligible
458	site. Along with the tax credit application form, the tax credit
459	applicant must submit the following:
460	(a)  A nonrefundable review fee of $250 made payable to the
461	Water Quality Assurance Trust Fund to cover the administrative
462	costs associated with the department's review of the tax credit
463	application;
464	(b)  Copies of contracts and documentation of contract
465	negotiations, accounts, invoices, sales tickets, or other
466	payment records from purchases, sales, leases, or other
467	transactions involving actual costs incurred for that tax year
468	related to site rehabilitation, as that term is defined in ss.
469	376.301 and 376.79;
470	(c)  Proof that the documentation submitted pursuant to
471	paragraph (b) has been reviewed and verified by an independent
472	certified public accountant in accordance with standards
473	established by the American Institute of Certified Public
474	Accountants. Specifically, the certified public accountant must
475	attest to the accuracy and validity of the costs incurred and
476	paid by conducting an independent review of the data presented
477	by the tax credit applicant. Accuracy and validity of costs
478	incurred and paid would be determined once the level of effort
479	was certified by an appropriate professional registered in this
480	state in each contributing technical discipline. The certified
481	public accountant's report would also attest that the costs
482	included in the application form are not duplicated within the
483	application. A copy of the accountant's report shall be
484	submitted to the Department of Environmental Protection with the
485	tax credit application; and
486	(d)  A certification form stating that site rehabilitation
487	activities associated with the documentation submitted pursuant
488	to paragraph (b) have been conducted under the observation of,
489	and related technical documents have been signed and sealed by,
490	an appropriate professional registered in this state in each
491	contributing technical discipline. The certification form shall
492	be signed and sealed by the appropriate registered professionals
493	stating that the costs incurred were integral, necessary, and
494	required for site rehabilitation, as that term is defined in ss.
495	376.301 and 376.79.
496	(7)(6)  The certified public accountant and appropriate
497	registered professionals submitting forms as part of a tax
498	credit application must verify such forms. Verification must be
499	accomplished as provided in s. 92.525(1)(b) and subject to the
500	provisions of s. 92.525(3).
501	(8)(7)  The Department of Environmental Protection shall
502	review the tax credit application and any supplemental
503	documentation that the tax credit applicant may submit prior to
504	the annual application deadline in order to have the application
505	considered complete, for the purpose of verifying that the tax
506	credit applicant has met the qualifying criteria in subsections
507	(3)(2) and (5)(4) and has submitted all required documentation
508	listed in subsection (6)(5). Upon verification that the tax
509	credit applicant has met these requirements, the department
510	shall issue a written decision granting eligibility for partial
511	tax credits (a tax credit certificate) in the amount of 50 35
512	percent of the total costs claimed, subject to the $500,000
513	$250,000 limitation, for the calendar year for which the tax
514	credit application is submitted based on the report of the
515	certified public accountant and the certifications from the
516	appropriate registered technical professionals.
517	(9)(8)  On or before March 1, the Department of
518	Environmental Protection shall inform each eligible tax credit
519	applicant of the amount of its partial tax credit and provide
520	each eligible tax credit applicant with a tax credit certificate
521	that must be submitted with its tax return to the Department of
522	Revenue to claim the tax credit or be transferred pursuant to s.
523	199.1055(1)(g) or s. 220.1845(1)(h). Credits will not result in
524	the payment of refunds if total credits exceed the amount of tax
525	owed.
526	(10)(9)  If a tax credit applicant does not receive a tax
527	credit allocation due to an exhaustion of the $5 $2 million
528	annual tax credit authorization, such application will then be
529	included in the same first-come, first-served order in the next
530	year's annual tax credit allocation, if any, based on the prior
531	year application.
532	(11)(10)  The Department of Environmental Protection may
533	adopt rules to prescribe the necessary forms required to claim
534	tax credits under this section and to provide the administrative
535	guidelines and procedures required to administer this section.
536	(12)(11)  The Department of Environmental Protection may
537	revoke or modify any written decision granting eligibility for
538	partial tax credits under this section if it is discovered that
539	the tax credit applicant submitted any false statement,
540	representation, or certification in any application, record,
541	report, plan, or other document filed in an attempt to receive
542	partial tax credits under this section. The Department of
543	Environmental Protection shall immediately notify the Department
544	of Revenue of any revoked or modified orders affecting
545	previously granted partial tax credits. Additionally, the tax
546	credit applicant must notify the Department of Revenue of any
547	change in its tax credit claimed.
548	(13)(12)  A tax credit applicant who receives state-funded
549	site rehabilitation under s. 376.3078(3) for rehabilitation of a
550	drycleaning-solvent-contaminated site is ineligible to receive a
551	tax credit under s. 199.1055 or s. 220.1845 for costs incurred
552	by the tax credit applicant in conjunction with the
553	rehabilitation of that site during the same time period that
554	state-administered site rehabilitation was underway.
555	Section 4.  Subsections (15) and (16) of section 196.012,
556	Florida Statutes, are amended to read:
557	196.012  Definitions.--For the purpose of this chapter, the
558	following terms are defined as follows, except where the context
559	clearly indicates otherwise:
560	(15)  "New business" means:
561	(a)1.  A business establishing 10 or more jobs to employ 10
562	or more full-time employees in this state, which manufactures,
563	processes, compounds, fabricates, or produces for sale items of
564	tangible personal property at a fixed location and which
565	comprises an industrial or manufacturing plant;
566	2.  A business establishing 25 or more jobs to employ 25 or
567	more full-time employees in this state, the sales factor of
568	which, as defined by s. 220.15(5), for the facility with respect
569	to which it requests an economic development ad valorem tax
570	exemption is less than 0.50 for each year the exemption is
571	claimed; or
572	3.  An office space in this state owned and used by a
573	corporation newly domiciled in this state; provided such office
574	space houses 50 or more full-time employees of such corporation;
575	provided that such business or office first begins operation on
576	a site clearly separate from any other commercial or industrial
577	operation owned by the same business.
578	(b)  Any business located in an enterprise zone or
579	brownfield area that first begins operation on a site clearly
580	separate from any other commercial or industrial operation owned
581	by the same business.
582	(c)  A business that is situated on property annexed into a
583	municipality and that, at the time of the annexation, is
584	receiving an economic development ad valorem tax exemption from
585	the county under s. 196.1995.
586	(16)  "Expansion of an existing business" means:
587	(a)1.  A business establishing 10 or more jobs to employ 10
588	or more full-time employees in this state, which manufactures,
589	processes, compounds, fabricates, or produces for sale items of
590	tangible personal property at a fixed location and which
591	comprises an industrial or manufacturing plant; or
592	2.  A business establishing 25 or more jobs to employ 25 or
593	more full-time employees in this state, the sales factor of
594	which, as defined by s. 220.15(5), for the facility with respect
595	to which it requests an economic development ad valorem tax
596	exemption is less than 0.50 for each year the exemption is
597	claimed; provided that such business increases operations on a
598	site colocated with a commercial or industrial operation owned
599	by the same business, resulting in a net increase in employment
600	of not less than 10 percent or an increase in productive output
601	of not less than 10 percent.
602	(b)  Any business located in an enterprise zone or
603	brownfield area that increases operations on a site colocated
604	with a commercial or industrial operation owned by the same
605	business.
606	Section 5.  Section 196.1995, Florida Statutes, is amended
607	to read:
608	196.1995  Economic development ad valorem tax exemption.--
609	(1)  The board of county commissioners of any county or the
610	governing authority of any municipality shall call a referendum
611	within its total jurisdiction to determine whether its
612	respective jurisdiction may grant economic development ad
613	valorem tax exemptions under s. 3, Art. VII of the State
614	Constitution if:
615	(a)  The board of county commissioners of the county or the
616	governing authority of the municipality votes to hold such
617	referendum; or
618	(b)  The board of county commissioners of the county or the
619	governing authority of the municipality receives a petition
620	signed by 10 percent of the registered electors of its
621	respective jurisdiction, which petition calls for the holding of
622	such referendum.
623	(2)  The ballot question in such referendum shall be in
624	substantially the following form:
625
626	Shall the board of county commissioners of this county (or the
627	governing authority of this municipality, or both) be authorized
628	to grant, pursuant to s. 3, Art. VII of the State Constitution,
629	property tax exemptions to new businesses and expansions of
630	existing businesses?
631	____ Yes--For authority to grant exemptions.
632	____ No--Against authority to grant exemptions.
633
634	(3)  The board of county commissioners or the governing
635	authority of the municipality that which calls a referendum
636	within its total jurisdiction to determine whether its
637	respective jurisdiction may grant economic development ad
638	valorem tax exemptions may vote to limit the effect of the
639	referendum to authority to grant economic development tax
640	exemptions for new businesses and expansions of existing
641	businesses located in an enterprise zone or a brownfield area,
642	as defined in s. 376.79(4). If In the event that an area
643	nominated to be an enterprise zone pursuant to s. 290.0055 has
644	not yet been designated pursuant to s. 290.0065, the board of
645	county commissioners or the governing authority of the
646	municipality may call such referendum prior to such designation;
647	however, the authority to grant economic development ad valorem
648	tax exemptions does will not apply until such area is designated
649	pursuant to s. 290.0065. The ballot question in such referendum
650	shall be in substantially the following form and shall be used
651	in lieu of the ballot question prescribed in subsection (2):
652
653	Shall the board of county commissioners of this county (or the
654	governing authority of this municipality, or both) be authorized
655	to grant, pursuant to s. 3, Art. VII of the State Constitution,
656	property tax exemptions for new businesses and expansions of
657	existing businesses which are located in an enterprise zone or a
658	brownfield area?
659
660	_____Yes--For authority to grant exemptions.
661	_____No--Against authority to grant exemptions.
662
663	(4)  A referendum pursuant to this section may be called
664	only once in any 12-month period.
665	(5)  Upon a majority vote in favor of such authority, the
666	board of county commissioners or the governing authority of the
667	municipality, at its discretion, by ordinance may exempt from ad
668	valorem taxation up to 100 percent of the assessed value of all
669	improvements to real property made by or for the use of a new
670	business and of all tangible personal property of such new
671	business, or up to 100 percent of the assessed value of all
672	added improvements to real property made to facilitate the
673	expansion of an existing business and of the net increase in all
674	tangible personal property acquired to facilitate such expansion
675	of an existing business, provided that the improvements to real
676	property are made or the tangible personal property is added or
677	increased on or after the day the ordinance is adopted. However,
678	if the authority to grant exemptions is approved in a referendum
679	in which the ballot question contained in subsection (3) appears
680	on the ballot, the authority of the board of county
681	commissioners or the governing authority of the municipality to
682	grant exemptions is limited solely to new businesses and
683	expansions of existing businesses that which are located in an
684	enterprise zone or brownfield area. Property acquired to replace
685	existing property shall not be considered to facilitate a
686	business expansion.  The exemption applies only to taxes levied
687	by the respective unit of government granting the exemption.
688	The exemption does not apply, however, to taxes levied for the
689	payment of bonds or to taxes authorized by a vote of the
690	electors pursuant to s. 9(b) or s. 12, Art. VII of the State
691	Constitution. Any such exemption shall remain in effect for up
692	to 10 years with respect to any particular facility, regardless
693	of any change in the authority of the county or municipality to
694	grant such exemptions.  The exemption shall not be prolonged or
695	extended by granting exemptions from additional taxes or by
696	virtue of any reorganization or sale of the business receiving
697	the exemption.
698	(6)  With respect to a new business as defined by s.
699	196.012(15)(c), the municipality annexing the property on which
700	the business is situated may grant an economic development ad
701	valorem tax exemption under this section to that business for a
702	period that will expire upon the expiration of the exemption
703	granted by the county. If the county renews the exemption under
704	subsection (7), the municipality may also extend its exemption.
705	A municipal economic development ad valorem tax exemption
706	granted under this subsection may not extend beyond the duration
707	of the county exemption.
708	(7)  The authority to grant exemptions under this section
709	will expire 10 years after the date such authority was approved
710	in an election, but such authority may be renewed for another
711	10-year period in a referendum called and held pursuant to this
712	section.
713	(8)  Any person, firm, or corporation which desires an
714	economic development ad valorem tax exemption shall, in the year
715	the exemption is desired to take effect, file a written
716	application on a form prescribed by the department with the
717	board of county commissioners or the governing authority of the
718	municipality, or both.  The application shall request the
719	adoption of an ordinance granting the applicant an exemption
720	pursuant to this section and shall include the following
721	information:
722	(a)  The name and location of the new business or the
723	expansion of an existing business;
724	(b)  A description of the improvements to real property for
725	which an exemption is requested and the date of commencement of
726	construction of such improvements;
727	(c)  A description of the tangible personal property for
728	which an exemption is requested and the dates when such property
729	was or is to be purchased;
730	(d)  Proof, to the satisfaction of the board of county
731	commissioners or the governing authority of the municipality,
732	that the applicant is a new business or an expansion of an
733	existing business, as defined in s. 196.012(15) or (16); and
734	(e)  Other information deemed necessary by the department.
735	(9)  Before it takes action on the application, the board
736	of county commissioners or the governing authority of the
737	municipality shall deliver a copy of the application to the
738	property appraiser of the county. After careful consideration,
739	the property appraiser shall report the following information to
740	the board of county commissioners or the governing authority of
741	the municipality:
742	(a)  The total revenue available to the county or
743	municipality for the current fiscal year from ad valorem tax
744	sources, or an estimate of such revenue if the actual total
745	revenue available cannot be determined;
746	(b)  Any revenue lost to the county or municipality for the
747	current fiscal year by virtue of exemptions previously granted
748	under this section, or an estimate of such revenue if the actual
749	revenue lost cannot be determined;
750	(c)  An estimate of the revenue which would be lost to the
751	county or municipality during the current fiscal year if the
752	exemption applied for were granted had the property for which
753	the exemption is requested otherwise been subject to taxation;
754	and
755	(d)  A determination as to whether the property for which
756	an exemption is requested is to be incorporated into a new
757	business or the expansion of an existing business, as defined in
758	s. 196.012(15) or (16), or into neither, which determination the
759	property appraiser shall also affix to the face of the
760	application.  Upon the request of the property appraiser, the
761	department shall provide to him or her such information as it
762	may have available to assist in making such determination.
763	(10)  An ordinance granting an exemption under this section
764	shall be adopted in the same manner as any other ordinance of
765	the county or municipality and shall include the following:
766	(a)  The name and address of the new business or expansion
767	of an existing business to which the exemption is granted;
768	(b)  The total amount of revenue available to the county or
769	municipality from ad valorem tax sources for the current fiscal
770	year, the total amount of revenue lost to the county or
771	municipality for the current fiscal year by virtue of economic
772	development ad valorem tax exemptions currently in effect, and
773	the estimated revenue loss to the county or municipality for the
774	current fiscal year attributable to the exemption of the
775	business named in the ordinance;
776	(c)  The period of time for which the exemption will remain
777	in effect and the expiration date of the exemption; and
778	(d)  A finding that the business named in the ordinance
779	meets the requirements of s. 196.012(15) or (16).
780	Section 6.  Subsection (2) of section 288.9015, Florida
781	Statutes, is amended to read:
782	288.9015  Enterprise Florida, Inc.; purpose; duties.--
783	(2)  It shall be the responsibility of Enterprise Florida,
784	Inc., to aggressively market Florida's rural communities,
785	distressed urban communities, brownfields, and enterprise zones
786	as locations for potential new investment, to aggressively
787	assist in the retention and expansion of existing businesses in
788	these communities, and to aggressively assist these communities
789	in the identification and development of new economic
790	development opportunities for job creation, fully marketing
791	state incentive programs such as the Qualified Target Industry
792	Tax Refund Program under s. 288.106 and the Quick Action Closing
793	Fund under s. 288.1088 in economically distressed areas.
794	Section 7.  Section 376.80, Florida Statutes, is amended to
795	read:
796	376.80  Brownfield program administration process.--
797	(1)  A local government with jurisdiction over the
798	brownfield area must notify the department of its decision to
799	designate a brownfield area for rehabilitation for the purposes
800	of ss. 376.77-376.85. The notification must include a
801	resolution, by the local government body, to which is attached a
802	map adequate to clearly delineate exactly which parcels are to
803	be included in the brownfield area or alternatively a less-
804	detailed map accompanied by a detailed legal description of the
805	brownfield area. If a property owner within the area proposed
806	for designation by the local government requests in writing to
807	have his or her property removed from the proposed designation,
808	the local government shall grant the request. For
809	municipalities, the governing body shall adopt the resolution in
810	accordance with the procedures outlined in s. 166.041, except
811	that the notice for the public hearings on the proposed
812	resolution must be in the form established in s. 166.041(3)(c)2.
813	For counties, the governing body shall adopt the resolution in
814	accordance with the procedures outlined in s. 125.66, except
815	that the notice for the public hearings on the proposed
816	resolution shall be in the form established in s. 125.66(4)(b)2.
817	(2)(a)  If a local government proposes to designate a
818	brownfield area that is outside community redevelopment areas,
819	enterprise zones, empowerment zones, closed military bases, or
820	designated brownfield pilot project areas, the local government
821	must conduct at least one public hearing in the area to be
822	designated to provide an opportunity for public input on the
823	size of the area, the objectives for rehabilitation, job
824	opportunities and economic developments anticipated,
825	neighborhood residents' considerations, and other relevant local
826	concerns. Notice of the public hearing must be made in a
827	newspaper of general circulation in the area and the notice must
828	be at least 16 square inches in size, must be in ethnic
829	newspapers or local community bulletins, must be posted in the
830	affected area, and must be announced at a scheduled meeting of
831	the local governing body before the actual public hearing. In
832	determining the areas to be designated, the local government
833	must consider:
834	1.  Whether the brownfield area warrants economic
835	development and has a reasonable potential for such activities;
836	2.  Whether the proposed area to be designated represents a
837	reasonably focused approach and is not overly large in
838	geographic coverage;
839	3.  Whether the area has potential to interest the private
840	sector in participating in rehabilitation; and
841	4.  Whether the area contains sites or parts of sites
842	suitable for limited recreational open space, cultural, or
843	historical preservation purposes.
844	(b)  A local government shall designate a brownfield area
845	under the provisions of this act provided that:
846	1.  A person who owns or controls a potential brownfield
847	site is requesting the designation and has agreed to
848	rehabilitate and redevelop the brownfield site;
849	2.  The rehabilitation and redevelopment of the proposed
850	brownfield site will result in economic productivity of the
851	area, along with the creation of at least 5 10 new permanent
852	jobs at the brownfield site, whether full-time or part-time,
853	which are full-time equivalent positions not associated with the
854	implementation of the brownfield site rehabilitation agreement
855	and which are not associated with redevelopment project
856	demolition or construction activities pursuant to the
857	redevelopment agreement required under paragraph (5)(i).
858	However, the job-creation requirement shall not apply to the
859	rehabilitation and redevelopment of a brownfield site that will
860	provide affordable housing as defined in s. 420.0004(3) or the
861	creation of recreational areas, conservation areas, or parks;
862	3.  The redevelopment of the proposed brownfield site is
863	consistent with the local comprehensive plan and is a
864	permittable use under the applicable local land development
865	regulations;
866	4.  Notice of the proposed rehabilitation of the brownfield
867	area has been provided to neighbors and nearby residents of the
868	proposed area to be designated, and the person proposing the
869	area for designation has afforded to those receiving notice the
870	opportunity for comments and suggestions about rehabilitation.
871	Notice pursuant to this subsection must be made in a newspaper
872	of general circulation in the area, at least 16 square inches in
873	size, and the notice must be posted in the affected area; and
874	5.  The person proposing the area for designation has
875	provided reasonable assurance that he or she has sufficient
876	financial resources to implement and complete the rehabilitation
877	agreement and redevelopment plan.
878	(c)  The designation of a brownfield area and the
879	identification of a person responsible for brownfield site
880	rehabilitation simply entitles the identified person to
881	negotiate a brownfield site rehabilitation agreement with the
882	department or approved local pollution control program.
883	(3)  When there is a person responsible for brownfield site
884	rehabilitation, the local government must notify the department
885	of the identity of that person. If the agency or person who will
886	be responsible for the coordination changes during the approval
887	process specified in subsections (4), (5), and (6), the
888	department or the affected approved local pollution control
889	program must notify the affected local government when the
890	change occurs.
891	(4)  Local governments or persons responsible for
892	rehabilitation and redevelopment of brownfield areas must
893	establish an advisory committee or use an existing advisory
894	committee that has formally expressed its intent to address
895	redevelopment of the specific brownfield area for the purpose of
896	improving public participation and receiving public comments on
897	rehabilitation and redevelopment of the brownfield area, future
898	land use, local employment opportunities, community safety, and
899	environmental justice. Such advisory committee should include
900	residents within or adjacent to the brownfield area, businesses
901	operating within the brownfield area, and others deemed
902	appropriate. The person responsible for brownfield site
903	rehabilitation must notify the advisory committee of the intent
904	to rehabilitate and redevelop the site before executing the
905	brownfield site rehabilitation agreement, and provide the
906	committee with a copy of the draft plan for site rehabilitation
907	which addresses elements required by subsection (5). This
908	includes disclosing potential reuse of the property as well as
909	site rehabilitation activities, if any, to be performed. The
910	advisory committee shall review the proposed redevelopment
911	agreement required pursuant to paragraph (5)(i) and provide
912	comments, if appropriate, to the board of the local government
913	with jurisdiction over the brownfield area. The advisory
914	committee must receive a copy of the executed brownfield site
915	rehabilitation agreement. When the person responsible for
916	brownfield site rehabilitation submits a site assessment report
917	or the technical document containing the proposed course of
918	action following site assessment to the department or the local
919	pollution control program for review, the person responsible for
920	brownfield site rehabilitation must hold a meeting or attend a
921	regularly scheduled meeting to inform the advisory committee of
922	the findings and recommendations in the site assessment report
923	or the technical document containing the proposed course of
924	action following site assessment.
925	(5)  The person responsible for brownfield site
926	rehabilitation must enter into a brownfield site rehabilitation
927	agreement with the department or an approved local pollution
928	control program if actual contamination exists at the brownfield
929	site. The brownfield site rehabilitation agreement must include:
930	(a)  A brownfield site rehabilitation schedule, including
931	milestones for completion of site rehabilitation tasks and
932	submittal of technical reports and rehabilitation plans as
933	agreed upon by the parties to the agreement;
934	(b)  A commitment to conduct site rehabilitation activities
935	under the observation of professional engineers or geologists
936	who are registered in accordance with the requirements of
937	chapter 471 or chapter 492, respectively. Submittals provided by
938	the person responsible for brownfield site rehabilitation must
939	be signed and sealed by a professional engineer registered under
940	chapter 471, or a professional geologist registered under
941	chapter 492, certifying that the submittal and associated work
942	comply with the law and rules of the department and those
943	governing the profession.  In addition, upon completion of the
944	approved remedial action, the department shall require a
945	professional engineer registered under chapter 471 or a
946	professional geologist registered under chapter 492 to certify
947	that the corrective action was, to the best of his or her
948	knowledge, completed in substantial conformance with the plans
949	and specifications approved by the department;
950	(c)  A commitment to conduct site rehabilitation in
951	accordance with department quality assurance rules;
952	(d)  A commitment to conduct site rehabilitation consistent
953	with state, federal, and local laws and consistent with the
954	brownfield site contamination cleanup criteria in s. 376.81,
955	including any applicable requirements for risk-based corrective
956	action;
957	(e)  Timeframes for the department's review of technical
958	reports and plans submitted in accordance with the agreement.
959	The department shall make every effort to adhere to established
960	agency goals for reasonable timeframes for review of such
961	documents;
962	(f)  A commitment to secure site access for the department
963	or approved local pollution control program to all brownfield
964	sites within the eligible brownfield area for activities
965	associated with site rehabilitation;
966	(g)  Other provisions that the person responsible for
967	brownfield site rehabilitation and the department agree upon,
968	that are consistent with ss. 376.77-376.85, and that will
969	improve or enhance the brownfield site rehabilitation process;
970	(h)  A commitment to consider appropriate pollution
971	prevention measures and to implement those that the person
972	responsible for brownfield site rehabilitation determines are
973	reasonable and cost-effective, taking into account the ultimate
974	use or uses of the brownfield site.  Such measures may include
975	improved inventory or production controls and procedures for
976	preventing loss, spills, and leaks of hazardous waste and
977	materials, and include goals for the reduction of releases of
978	toxic materials; and
979	(i)  Certification that an agreement exists between the
980	person responsible for brownfield site rehabilitation and the
981	local government with jurisdiction over the brownfield area.
982	Such agreement shall contain terms for the redevelopment of the
983	brownfield area.
984	(6)  Any contractor performing site rehabilitation program
985	tasks must demonstrate to the department that the contractor:
986	(a)  Meets all certification and license requirements
987	imposed by law; and
988	(b)  Has obtained the necessary approvals for conducting
989	sample collection and analyses pursuant to department rules.
990	(7)  The contractor who is performing the majority of the
991	site rehabilitation program tasks pursuant to a brownfield site
992	rehabilitation agreement or supervising the performance of such
993	tasks by licensed subcontractors in accordance with the
994	provisions of s. 489.113(9) must certify to the department that
995	the contractor:
996	(a)  Complies with applicable OSHA regulations.
997	(b)  Maintains workers' compensation insurance for all
998	employees as required by the Florida Workers' Compensation Law.
999	(c)  Maintains comprehensive general liability coverage
1000	with limits of not less than $1 million per occurrence and $2
1001	million general aggregate for bodily injury and property damage
1002	and comprehensive automobile liability coverage with limits of
1003	not less than $2 million combined single limit. The contractor
1004	shall also maintain pollution liability coverage with limits of
1005	not less than $3 million aggregate for personal injury or death,
1006	$1 million per occurrence for personal injury or death, and $1
1007	million per occurrence for property damage. The contractor's
1008	certificate of insurance shall name the state as an additional
1009	insured party.
1010	(d)  Maintains professional liability insurance of at least
1011	$1 million per claim and $1 million annual aggregate.
1012	(8)  Any professional engineer or geologist providing
1013	professional services relating to site rehabilitation program
1014	tasks must carry professional liability insurance with a
1015	coverage limit of at least $1 million.
1016	(9)  During the cleanup process, if the department or local
1017	program fails to complete review of a technical document within
1018	the timeframe specified in the brownfield site rehabilitation
1019	agreement, the person responsible for brownfield site
1020	rehabilitation may proceed to the next site rehabilitation task.
1021	However, the person responsible for brownfield site
1022	rehabilitation does so at its own risk and may be required by
1023	the department or local program to complete additional work on a
1024	previous task. Exceptions to this subsection include requests
1025	for "no further action," "monitoring only proposals," and
1026	feasibility studies, which must be approved prior to
1027	implementation.
1028	(10)  If the person responsible for brownfield site
1029	rehabilitation fails to comply with the brownfield site
1030	rehabilitation agreement, the department shall allow 90 days for
1031	the person responsible for brownfield site rehabilitation to
1032	return to compliance with the provision at issue or to negotiate
1033	a modification to the brownfield site rehabilitation agreement
1034	with the department for good cause shown. If an imminent hazard
1035	exists, the 90-day grace period shall not apply. If the project
1036	is not returned to compliance with the brownfield site
1037	rehabilitation agreement and a modification cannot be
1038	negotiated, the immunity provisions of s. 376.82 are revoked.
1039	(11)  The department is specifically authorized and
1040	encouraged to enter into delegation agreements with local
1041	pollution control programs approved under s. 403.182 to
1042	administer the brownfield program within their jurisdictions,
1043	thereby maximizing the integration of this process with the
1044	other local development processes needed to facilitate
1045	redevelopment of a brownfield area.  When determining whether a
1046	delegation pursuant to this subsection of all or part of the
1047	brownfields program to a local pollution control program is
1048	appropriate, the department shall consider the following. The
1049	local pollution control program must:
1050	(a)  Have and maintain the administrative organization,
1051	staff, and financial and other resources to effectively and
1052	efficiently implement and enforce the statutory requirements of
1053	the delegated brownfields program; and
1054	(b)  Provide for the enforcement of the requirements of the
1055	delegated brownfields program, and for notice and a right to
1056	challenge governmental action, by appropriate administrative and
1057	judicial process, which shall be specified in the delegation.
1058
1059	The local pollution control program shall not be delegated
1060	authority to take action on or to make decisions regarding any
1061	brownfield site on land owned by the local government.  Any
1062	delegation agreement entered into pursuant to this subsection
1063	shall contain such terms and conditions necessary to ensure the
1064	effective and efficient administration and enforcement of the
1065	statutory requirements of the brownfields program as established
1066	by the act and the relevant rules and other criteria of the
1067	department.
1068	(12)  Local governments are encouraged to use the full
1069	range of economic and tax incentives available to facilitate and
1070	promote the rehabilitation of brownfield areas, to help
1071	eliminate the public health and environmental hazards, and to
1072	promote the creation of jobs and economic development in these
1073	previously run-down, blighted, and underutilized areas.
1074	Section 8.  Subsection (1) of section 376.86, Florida
1075	Statutes, is amended to read:
1076	376.86  Brownfield Areas Loan Guarantee Program.--
1077	(1)  The Brownfield Areas Loan Guarantee Council is created
1078	to review and approve or deny by a majority vote of its
1079	membership, the situations and circumstances for participation
1080	in partnerships by agreements with local governments, financial
1081	institutions, and others associated with the redevelopment of
1082	brownfield areas pursuant to the Brownfields Redevelopment Act
1083	for a limited state guaranty of up to 5 years of loan guarantees
1084	or loan loss reserves issued pursuant to law. The limited state
1085	loan guaranty applies only to 50 10 percent of the primary
1086	lenders loans for redevelopment projects in brownfield areas. If
1087	the redevelopment project is for affordable housing, as defined
1088	in s. 420.0004(3), in a brownfield area, the limited state loan
1089	guaranty applies to 75 percent of the primary lender's loan. A
1090	limited state guaranty of private loans or a loan loss reserve
1091	is authorized for lenders licensed to operate in the state upon
1092	a determination by the council that such an arrangement would be
1093	in the public interest and the likelihood of the success of the
1094	loan is great.
1095	Section 9.  Sections 376.87 and 376.875, Florida Statutes,
1096	are repealed.
1097	Section 10.  Paragraph (f) of subsection (2) of section
1098	14.2015, Florida Statutes, is amended to read:
1099	14.2015  Office of Tourism, Trade, and Economic
1100	Development; creation; powers and duties.--
1101	(2)  The purpose of the Office of Tourism, Trade, and
1102	Economic Development is to assist the Governor in working with
1103	the Legislature, state agencies, business leaders, and economic
1104	development professionals to formulate and implement coherent
1105	and consistent policies and strategies designed to provide
1106	economic opportunities for all Floridians. To accomplish such
1107	purposes, the Office of Tourism, Trade, and Economic Development
1108	shall:
1109	(f)1.  Administer the Florida Enterprise Zone Act under ss.
1110	290.001-290.016, the community contribution tax credit program
1111	under ss. 220.183 and 624.5105, the tax refund program for
1112	qualified target industry businesses under s. 288.106, the tax-
1113	refund program for qualified defense contractors under s.
1114	288.1045, contracts for transportation projects under s.
1115	288.063, the sports franchise facility program under s.
1116	288.1162, the professional golf hall of fame facility program
1117	under s. 288.1168, the expedited permitting process under s.
1118	403.973, the Rural Community Development Revolving Loan Fund
1119	under s. 288.065, the Regional Rural Development Grants Program
1120	under s. 288.018, the Certified Capital Company Act under s.
1121	288.99, the Florida State Rural Development Council, the Rural
1122	Economic Development Initiative, and other programs that are
1123	specifically assigned to the office by law, by the
1124	appropriations process, or by the Governor. Notwithstanding any
1125	other provisions of law, the office may expend interest earned
1126	from the investment of program funds deposited in the Grants and
1127	Donations Trust Fund and the Brownfield Property Ownership
1128	Clearance Assistance Revolving Loan Trust Fund to contract for
1129	the administration of the programs, or portions of the programs,
1130	enumerated in this paragraph or assigned to the office by law,
1131	by the appropriations process, or by the Governor. Such
1132	expenditures shall be subject to review under chapter 216.
1133	2.  The office may enter into contracts in connection with
1134	the fulfillment of its duties concerning the Florida First
1135	Business Bond Pool under chapter 159, tax incentives under
1136	chapters 212 and 220, tax incentives under the Certified Capital
1137	Company Act in chapter 288, foreign offices under chapter 288,
1138	the Enterprise Zone program under chapter 290, the Seaport
1139	Employment Training program under chapter 311, the Florida
1140	Professional Sports Team License Plates under chapter 320,
1141	Spaceport Florida under chapter 331, Expedited Permitting under
1142	chapter 403, and in carrying out other functions that are
1143	specifically assigned to the office by law, by the
1144	appropriations process, or by the Governor.
1145	Section 11.  Subsection (4) of section 403.413, Florida
1146	Statutes, is amended to read:
1147	403.413  Florida Litter Law.--
1148	(4)  DUMPING LITTER PROHIBITED.--Unless otherwise
1149	authorized by law or permit, it is unlawful for any person to
1150	dump litter in any manner or amount:
1151	(a)  In or on any public highway, road, street, alley, or
1152	thoroughfare, including any portion of the right-of-way thereof,
1153	or any other public lands, except in containers or areas
1154	lawfully provided therefor. When any litter is thrown or
1155	discarded from a motor vehicle, the operator or owner of the
1156	motor vehicle, or both, shall be deemed in violation of this
1157	section;
1158	(b)  In or on any freshwater lake, river, canal, or stream
1159	or tidal or coastal water of the state, including canals. When
1160	any litter is thrown or discarded from a boat, the operator or
1161	owner of the boat, or both, shall be deemed in violation of this
1162	section; or
1163	(c)  In or on any private property, unless prior consent of
1164	the owner has been given and unless the dumping of such litter
1165	by such person will not cause a public nuisance or otherwise be
1166	in violation of any other state or local law, rule, or
1167	regulation.
1168	Section 12.  Section 403.4131, Florida Statutes, is amended
1169	to read:
1170	403.4131  Litter control "Keep Florida Beautiful,
1171	Incorporated"; placement of signs.--
1172	(1)  It is the intent of the Legislature that a coordinated
1173	effort of interested businesses, environmental and civic
1174	organizations, and state and local agencies of government be
1175	developed to plan for and assist in implementing solutions to
1176	the litter and solid waste problems in this state and that the
1177	state provide financial assistance for the establishment of a
1178	nonprofit organization with the name of "Keep Florida Beautiful,
1179	Incorporated," which shall be registered, incorporated, and
1180	operated in compliance with chapter 617.  This nonprofit
1181	organization shall coordinate the statewide campaign and operate
1182	as the grassroots arm of the state's effort and shall serve as
1183	an umbrella organization for volunteer-based community programs.
1184	The organization shall be dedicated to helping Florida and its
1185	local communities solve solid waste problems, to developing and
1186	implementing a sustained litter prevention campaign, and to act
1187	as a working public-private partnership in helping to implement
1188	the state's Solid Waste Management Act. As part of this effort,
1189	Keep Florida Beautiful, Incorporated, in cooperation with the
1190	Environmental Education Foundation, shall strive to educate
1191	citizens, visitors, and businesses about the important
1192	relationship between the state's environment and economy.  Keep
1193	Florida Beautiful, Incorporated, is encouraged to explore and
1194	identify economic incentives to improve environmental
1195	initiatives in the area of solid waste management. The
1196	membership of the board of directors of this nonprofit
1197	organization may include representatives of the following
1198	organizations: the Florida League of Cities, the Florida
1199	Association of Counties, the Governor's Office, the Florida
1200	Chapter of the National Solid Waste Management Association, the
1201	Florida Recyclers Association, the Center for Marine
1202	Conservation, Chapter of the Sierra Club, the Associated
1203	Industries of Florida, the Florida Soft Drink Association, the
1204	Florida Petroleum Council, the Retail Grocers Association of
1205	Florida, the Florida Retail Federation, the Pulp and Paper
1206	Association, the Florida Automobile Dealers Association, the
1207	Beer Industries of Florida, the Florida Beer Wholesalers
1208	Association, and the Distilled Spirits Wholesalers.
1209	(2)  As a partner working with government, business, civic,
1210	environmental, and other organizations, Keep Florida Beautiful,
1211	Incorporated, shall strive to assist the state and its local
1212	communities by contracting for the development of a highly
1213	visible antilitter campaign that, at a minimum, includes:
1214	(a)  Coordinating with the Center for Marine Conservation
1215	and the Center for Solid and Hazardous Waste Management to
1216	identify components of the marine debris and litter stream and
1217	groups that habitually litter.
1218	(b)  Designing appropriate advertising to promote the
1219	proper management of solid waste, with emphasis on educating
1220	groups that habitually litter.
1221	(c)  Fostering public awareness and striving to build an
1222	environmental ethic in this state through the development of
1223	educational programs that result in an understanding and in
1224	action on the part of individuals and organizations about the
1225	role they must play in preventing litter and protecting
1226	Florida's environment.
1227	(d)  Developing educational programs and materials that
1228	promote the proper management of solid waste, including the
1229	proper disposal of litter.
1230	(e)  Administering grants provided by the state.  Grants
1231	authorized under this section shall be subject to normal
1232	department audit procedures and review.
1233	(1)(3)  The Department of Transportation shall establish an
1234	"adopt-a-highway" program to allow local organizations to be
1235	identified with specific highway cleanup and highway
1236	beautification projects authorized under s. 339.2405 and shall
1237	coordinate such efforts with Keep Florida Beautiful, Inc.  The
1238	department shall report to the Governor and the Legislature on
1239	the progress achieved and the savings incurred by the "adopt-a-
1240	highway" program.  The department shall also monitor and report
1241	on compliance with provisions of the adopt-a-highway program to
1242	ensure that organizations that participate in the program comply
1243	with the goals identified by the department.
1244	(2)(4)  The Department of Transportation shall place signs
1245	discouraging litter at all off-ramps of the interstate highway
1246	system in the state.  The department shall place other highway
1247	signs as necessary to discourage littering through use of the
1248	antilitter program developed by Keep Florida Beautiful,
1249	Incorporated.
1250	(3)(5)  Each county is encouraged to initiate a litter
1251	control and prevention program or to expand upon its existing
1252	program.  The department shall establish a system of grants for
1253	municipalities and counties to implement litter control and
1254	prevention programs.  In addition to the activities described in
1255	subsection (1), such grants shall at a minimum be used for
1256	litter cleanup, grassroots educational programs involving litter
1257	removal and prevention, and the placement of litter and
1258	recycling receptacles. Counties are encouraged to form working
1259	public private partnerships as authorized under this section to
1260	implement litter control and prevention programs at the
1261	community level. The grants authorized pursuant to this section
1262	shall be incorporated as part of the recycling and education
1263	grants. Counties that have a population under 100,000 75,000 are
1264	encouraged to develop a regional approach to administering and
1265	coordinating their litter control and prevention programs.
1266	(6)  The department may contract with Keep Florida
1267	Beautiful, Incorporated, to help carry out the provisions of
1268	this section.  All contracts authorized under this section are
1269	subject to normal department audit procedures and review.
1270	(7)  In order to establish continuity for the statewide
1271	program, those local governments and community programs
1272	receiving grants for litter prevention and control must use the
1273	official State of Florida litter control or campaign symbol
1274	adopted by Keep Florida Beautiful, Incorporated, for use on
1275	various receptacles and program material.
1276	(8)  The Legislature establishes a litter reduction goal of
1277	50 percent reduction from the period January 1, 1994, to January
1278	1, 1997.  The method of determination used to measure the
1279	reduction in litter is the survey conducted by the Center for
1280	Solid and Hazardous Waste Management.  The center shall consider
1281	existing litter survey methodologies.
1282	(9)  The Department of Environmental Protection shall
1283	contract with the Center for Solid and Hazardous Waste
1284	Management for an ongoing annual litter survey, the first of
1285	which is to be conducted by January 1, 1994. The center shall
1286	appoint a broad-based work group not to exceed seven members to
1287	assist in the development and implementation of the survey.
1288	Representatives from the university system, business,
1289	government, and the environmental community shall be considered
1290	by the center to serve on the work group. Final authority on
1291	implementing and conducting the survey rests with the center.
1292	The first survey is to be designed to serve as a baseline by
1293	measuring the amount of current litter and marine debris, and is
1294	to include a methodology for measuring the reduction in the
1295	amount of litter and marine debris to determine the progress
1296	toward the litter reduction goal established in subsection (8).
1297	Annually thereafter, additional surveys are to be conducted and
1298	must also include a methodology for measuring the reduction in
1299	the amount of litter and for determining progress toward the
1300	litter reduction goal established in subsection (8).
1301	(10)(a)  There is created within Keep Florida Beautiful,
1302	Inc., the Wildflower Advisory Council, consisting of a maximum
1303	of nine members to direct and oversee the expenditure of the
1304	Wildflower Account. The Wildflower Advisory Council shall
1305	include a representative from the University of Florida
1306	Institute of Food and Agricultural Sciences, the Florida
1307	Department of Transportation, and the Florida Department of
1308	Environmental Protection, the Florida League of Cities, and the
1309	Florida Association of Counties. Other members of the committee
1310	may include representatives from the Florida Federation of
1311	Garden Clubs, Inc., Think Beauty Foundation, the Florida Chapter
1312	of the American Society of Landscape Architects, Inc., and a
1313	representative of the Master Gardener's Program.
1314	(b)  The Wildflower Advisory Council shall develop
1315	procedures of operation, research contracts, educational
1316	programs, and wildflower planting grants for Florida native
1317	wildflowers, plants, and grasses. The council shall also make
1318	the final determination of what constitutes acceptable species
1319	of wildflowers and other plantings supported by these programs.
1320	Section 13.  Section 403.41315, Florida Statutes, is
1321	amended to read:
1322	403.41315  Comprehensive illegal dumping, litter, and
1323	marine debris control and prevention.--
1324	(1)  The Legislature finds that a comprehensive illegal
1325	dumping, litter, and marine debris control and prevention
1326	program is necessary to protect the beauty and the environment
1327	of Florida. The Legislature also recognizes that a comprehensive
1328	illegal dumping, litter, and marine debris control and
1329	prevention program will have a positive effect on the state's
1330	economy.  The Legislature finds that the state's rapid
1331	population growth, the ever-increasing mobility of its
1332	population, and the large number of tourists contribute to the
1333	need for a comprehensive illegal dumping, litter, and marine
1334	debris control and prevention program. The Legislature further
1335	finds that the program must be coordinated and capable of having
1336	statewide identity and grassroots community support.
1337	(2)  The comprehensive illegal dumping, litter, and marine
1338	debris control and prevention program at a minimum must include
1339	the following:
1340	(a)  A local statewide public awareness and educational
1341	campaign, coordinated by Keep Florida Beautiful, Incorporated,
1342	to educate individuals, government, businesses, and other
1343	organizations concerning the role they must assume in preventing
1344	and controlling litter.
1345	(b)  Enforcement provisions authorized under s. 403.413.
1346	(c)  Enforcement officers whose responsibilities include
1347	grassroots education along with enforcing litter and illegal
1348	dumping violations.
1349	(d)  Local illegal dumping, litter, and marine debris
1350	control and prevention programs operated at the county level
1351	with emphasis placed on grassroots educational programs designed
1352	to prevent and remove litter and marine debris.
1353	(e)  A statewide adopt-a-highway program as authorized
1354	under s. 403.4131.
1355	(f)  The highway beautification program authorized under s.
1356	339.2405.
1357	(g)  A statewide Adopt-a-Shore program that includes beach,
1358	river, and lake shorelines and emphasizes litter and marine
1359	debris cleanup and prevention.
1360	(h)  The prohibition of balloon releases as authorized
1361	under s. 372.995.
1362	(i)  The placement of approved identifiable litter and
1363	recycling receptacles.
1364	(j)  Other educational programs that are implemented at the
1365	grassroots level coordinated through Keep Florida Beautiful,
1366	Inc., involving volunteers and community programs that clean up
1367	and prevent litter, including Youth Conservation Corps
1368	activities.
1369	Section 14.  Section 403.4133, Florida Statutes, is amended
1370	to read:
1371	403.4133  Adopt-a-Shore Program.--
1372	(1)  The Legislature finds that litter and illegal dumping
1373	present a threat to the state's wildlife, environment, and
1374	shorelines.  The Legislature further finds that public awareness
1375	and education will assist in preventing litter from being
1376	illegally deposited along the state's shorelines.
1377	(2)  The Adopt-a-Shore Program shall be created within the
1378	Department of Environmental Protection nonprofit organization
1379	referred to in s. 403.4131(1), named Keep Florida Beautiful,
1380	Incorporated.  The program shall be designed to educate the
1381	state's citizens and visitors about the importance of litter
1382	prevention and shall include approaches and techniques to remove
1383	litter from the state's shorelines.
1384	(3)  For the purposes of this section, the term "shoreline"
1385	includes, but is not limited to, beaches, rivershores, and
1386	lakeshores.
1387	Section 15.  Subsection (28) of section 320.08058, Florida
1388	Statutes, is amended to read:
1389	320.08058  Specialty license plates.--
1390	(28)  FLORIDA WILDFLOWER LICENSE PLATES.--
1391	(a)  The department shall develop a Florida Wildflower
1392	license plate as provided in this section. The word "Florida"
1393	must appear at the top of the plate, and the words "State
1394	Wildflower" and "coreopsis" must appear at the bottom of the
1395	plate.
1396	(b)  The annual use fees shall be distributed to the
1397	Wildflower Foundation, Inc., a nonprofit corporation under s.
1398	501(c)(3) of the Internal Revenue Code Wildflower Account
1399	established by Keep Florida Beautiful, Inc., created by s.
1400	403.4131. The proceeds must be used to establish native Florida
1401	wildflower research programs, wildflower educational programs,
1402	and wildflower grant programs to municipal, county, and
1403	community-based groups in this state.
1404	1.  The Wildflower Foundation, Inc., shall develop
1405	procedures of operation, research contracts, education and
1406	marketing programs, and wildflower planting grants for Florida
1407	native wildflowers, plants, and grasses.
1408	2.  A maximum of 15 10 percent of the proceeds from the
1409	sale of such plates may be used for administrative and marketing
1410	costs.
1411	3.  In the event the Wildflower Foundation, Inc., ceases to
1412	be an active nonprofit corporation under s. 501(c)(3) of the
1413	Internal Revenue Code, the proceeds from the annual use fee
1414	shall be deposited into the General Inspection Trust Fund
1415	created within the Department of Agriculture and Consumer
1416	Services. Any funds held by the Wildflower Foundation, Inc.,
1417	must be promptly transferred to the General Inspection Trust
1418	Fund. The Department of Agriculture and Consumer Services shall
1419	use and administer the proceeds from the use fee in the manner
1420	specified in this subsection.
1421	Section 16.  All unexpended proceeds of fees paid for
1422	Wildflower license plates which are held by Keep Florida
1423	Beautiful, Inc., must be transferred to the Department of
1424	Agriculture and Consumer Services promptly after the effective
1425	date of this act.
1426	Section 17.  Section 403.703, Florida Statutes, is amended
1427	to read:
1428	(Substantial rewording of section. See
1429	s. 403.703, F.S., for present text.)
1430	403.703  Definitions.--As used in this part, the term:
1431	(1)  "Ash residue" has the same meaning as in the
1432	department rule governing solid waste combustors which defines
1433	the term.
1434	(2)  "Biological waste" means solid waste that causes or
1435	has the capability of causing disease or infection and includes,
1436	but is not limited to, biomedical waste, diseased or dead
1437	animals, and other wastes capable of transmitting pathogens to
1438	humans or animals. The term does not include human remains that
1439	are disposed of by persons licensed under chapter 497.
1440	(3)  "Biomedical waste" means any solid waste or liquid
1441	waste that may present a threat of infection to humans. The term
1442	includes, but is not limited to, nonliquid human tissue and body
1443	parts; laboratory and veterinary waste that contains human-
1444	disease-causing agents; discarded disposable sharps; human blood
1445	and human blood products and body fluids; and other materials
1446	that in the opinion of the Department of Health represent a
1447	significant risk of infection to persons outside the generating
1448	facility. The term does not include human remains that are
1449	disposed of by persons licensed under chapter 497.
1450	(4)  "Clean debris" means any solid waste that is virtually
1451	inert, that is not a pollution threat to groundwater or surface
1452	waters, that is not a fire hazard, and that is likely to retain
1453	its physical and chemical structure under expected conditions of
1454	disposal or use. The term includes uncontaminated concrete,
1455	including embedded pipe or steel, brick, glass, ceramics, and
1456	other wastes designated by the department.
1457	(5)  "Closure" means the cessation of operation of a solid
1458	waste management facility and the act of securing such facility
1459	so that it will pose no significant threat to human health or
1460	the environment and includes long-term monitoring and
1461	maintenance of a facility if required by department rule.
1462	(6)  "Construction and demolition debris" means discarded
1463	materials generally considered to be not water-soluble and
1464	nonhazardous in nature, including, but not limited to, steel,
1465	glass, brick, concrete, asphalt roofing material, pipe, gypsum
1466	wallboard, and lumber, from the construction or destruction of a
1467	structure as part of a construction or demolition project or
1468	from the renovation of a structure, and includes rocks, soils,
1469	tree remains, trees, and other vegetative matter that normally
1470	results from land clearing or land-development operations for a
1471	construction project, including such debris from construction of
1472	structures at a site remote from the construction or demolition
1473	project site. Mixing of construction and demolition debris with
1474	other types of solid waste will cause the resulting mixture to
1475	be classified as other than construction and demolition debris.
1476	The term also includes:
1477	(a)  Clean cardboard, paper, plastic, wood, and metal
1478	scraps from a construction project.
1479	(b)  Except as provided in s. 403.707(9)(j), yard trash and
1480	unpainted, nontreated wood scraps from sources other than
1481	construction or demolition projects.
1482	(c)  Scrap from manufacturing facilities which is the type
1483	of material generally used in construction projects and which
1484	would meet the definition of construction and demolition debris
1485	if it were generated as part of a construction or demolition
1486	project. This includes debris from the construction of
1487	manufactured homes and scrap shingles, wallboard, siding
1488	concrete, and similar materials from industrial or commercial
1489	facilities.
1490	(d)  De minimis amounts of other nonhazardous wastes that
1491	are generated at construction or destruction projects, provided
1492	such amounts are consistent with best management practices of
1493	the industry.
1494	(7)  "County," or any like term, means a political
1495	subdivision of the state established pursuant to s. 1, Art. VIII
1496	of the State Constitution and, when s. 403.706(19) applies,
1497	means a special district or other entity.
1498	(8)  "Department" means the Department of Environmental
1499	Protection or any successor agency performing a like function.
1500	(9)  "Disposal" means the discharge, deposit, injection,
1501	dumping, spilling, leaking, or placing of any solid waste or
1502	hazardous waste into or upon any land or water so that such
1503	solid waste or hazardous waste or any constituent thereof may
1504	enter other lands or be emitted into the air or discharged into
1505	any waters, including groundwaters, or otherwise enter the
1506	environment.
1507	(10)  "Generation" means the act or process of producing
1508	solid or hazardous waste.
1509	(11)  "Guarantor" means any person, other than the owner or
1510	operator, who provides evidence of financial responsibility for
1511	an owner or operator under this part.
1512	(12)  "Hazardous substance" means any substance that is
1513	defined as a hazardous substance in the United States
1514	Comprehensive Environmental Response, Compensation, and
1515	Liability Act of 1980, 94 Stat. 2767.
1516	(13)  "Hazardous waste" means solid waste, or a combination
1517	of solid wastes, which, because of its quantity, concentration,
1518	or physical, chemical, or infectious characteristics, may cause,
1519	or significantly contribute to, an increase in mortality or an
1520	increase in serious irreversible or incapacitating reversible
1521	illness or may pose a substantial present or potential hazard to
1522	human health or the environment when improperly transported,
1523	disposed of, stored, treated, or otherwise managed. The term
1524	does not include human remains that are disposed of by persons
1525	licensed under chapter 497.
1526	(14)  "Hazardous waste facility" means any building, site,
1527	structure, or equipment at or by which hazardous waste is
1528	disposed of, stored, or treated.
1529	(15)  "Hazardous waste management" means the systematic
1530	control of the collection, source separation, storage,
1531	transportation, processing, treatment, recovery, recycling, and
1532	disposal of hazardous wastes.
1533	(16)  "Land disposal" means any placement of hazardous
1534	waste in or on the land and includes, but is not limited to,
1535	placement in a landfill, surface impoundment, waste pile,
1536	injection well, land treatment facility, salt bed formation,
1537	salt dome formation, or underground mine or cave, or placement
1538	in a concrete vault or bunker intended for disposal purposes.
1539	(17)  "Landfill" means any solid waste land disposal area
1540	for which a permit, other than a general permit, is required by
1541	s. 403.707 and which receives solid waste for disposal in or
1542	upon land. The term does not include a landspreading site, an
1543	injection well, a surface impoundment, or a facility for the
1544	disposal of construction and demolition debris.
1545	(18)  "Manifest" means the recordkeeping system used for
1546	identifying the concentration, quantity, composition, origin,
1547	routing, and destination of hazardous waste during its
1548	transportation from the point of generation to the point of
1549	disposal, storage, or treatment.
1550	(19)  "Materials recovery facility" means a solid waste
1551	management facility that provides for the extraction from solid
1552	waste of recyclable materials, materials suitable for use as a
1553	fuel or soil amendment, or any combination of such materials.
1554	(20)  "Municipality," or any like term, means a
1555	municipality created pursuant to general or special law
1556	authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of
1557	the State Constitution and, when s. 403.706(19) applies, means a
1558	special district or other entity.
1559	(21)  "Operation," with respect to any solid waste
1560	management facility, means the disposal, storage, or processing
1561	of solid waste at and by the facility.
1562	(22)  "Person" means any and all persons, natural or
1563	artificial, including any individual, firm, or association; any
1564	municipal or private corporation organized or existing under the
1565	laws of this state or any other state; any county of this state;
1566	and any governmental agency of this state or the Federal
1567	Government.
1568	(23)  "Processing" means any technique designed to change
1569	the physical, chemical, or biological character or composition
1570	of any solid waste so as to render it safe for transport;
1571	amenable to recovery, storage, or recycling; safe for disposal;
1572	or reduced in volume or concentration.
1573	(24)  "Recovered materials" means metal, paper, glass,
1574	plastic, textile, or rubber materials that have known recycling
1575	potential, can be feasibly recycled, and have been diverted and
1576	source separated or have been removed from the solid waste
1577	stream for sale, use, or reuse as raw materials, whether or not
1578	the materials require subsequent processing or separation from
1579	each other, but the term does not include materials destined for
1580	any use that constitutes disposal. Recovered materials as
1581	described in this subsection are not solid waste.
1582	(25)  "Recovered materials processing facility" means a
1583	facility engaged solely in the storage, processing, resale, or
1584	reuse of recovered materials. Such a facility is not a solid
1585	waste management facility if it meets the conditions of s.
1586	403.7045(1)(e).
1587	(26)  "Recyclable material" means those materials that are
1588	capable of being recycled and that would otherwise be processed
1589	or disposed of as solid waste.
1590	(27)  "Recycling" means any process by which solid waste,
1591	or materials that would otherwise become solid waste, are
1592	collected, separated, or processed and reused or returned to use
1593	in the form of raw materials or products.
1594	(28)  "Resource recovery" means the process of recovering
1595	materials or energy from solid waste, excluding those materials
1596	or solid waste under the control of the Nuclear Regulatory
1597	Commission.
1598	(29)  "Resource recovery equipment" means equipment or
1599	machinery exclusively and integrally used in the actual process
1600	of recovering material or energy resources from solid waste.
1601	(30)  "Sludge" includes the accumulated solids, residues,
1602	and precipitates generated as a result of waste treatment or
1603	processing, including wastewater treatment, water-supply
1604	treatment, or operation of an air pollution control facility,
1605	and mixed liquids and solids pumped from septic tanks, grease
1606	traps, privies, or similar waste disposal appurtenances.
1607	(31)  "Solid waste" means sludge unregulated under the
1608	federal Clean Water Act or Clean Air Act, sludge from a waste
1609	treatment works, water supply treatment plant, or air pollution
1610	control facility, or garbage, rubbish, refuse, special waste, or
1611	other discarded material, including solid, liquid, semisolid, or
1612	contained gaseous material resulting from domestic, industrial,
1613	commercial, mining, agricultural, or governmental operations.
1614	Recovered materials as defined in subsection (24) are not solid
1615	waste.
1616	(32)  "Solid waste disposal facility" means any solid waste
1617	management facility that is the final resting place for solid
1618	waste, including landfills and incineration facilities that
1619	produce ash from the process of incinerating municipal solid
1620	waste.
1621	(33)  "Solid waste management" means the process by which
1622	solid waste is collected, transported, stored, separated,
1623	processed, or disposed of in any other way according to an
1624	orderly, purposeful, and planned program, which includes
1625	closure.
1626	(34)  "Solid waste management facility" means any solid
1627	waste disposal area, volume-reduction plant, transfer station,
1628	materials recovery facility, or other facility, the purpose of
1629	which is resource recovery or the disposal, recycling,
1630	processing, or storage of solid waste. The term does not include
1631	recovered materials processing facilities that meet the
1632	requirements of s. 403.7046, except the portion of such
1633	facilities, if any, which is used for the management of solid
1634	waste.
1635	(35)  "Source separated" means that the recovered materials
1636	are separated from solid waste at the location where the
1637	recovered materials and solid waste are generated. The term does
1638	not require that various types of recovered materials be
1639	separated from each other, and recognizes de minimis solid
1640	waste, in accordance with industry standards and practices, may
1641	be included in the recovered materials. Materials are not
1642	considered source-separated when two or more types of recovered
1643	materials are deposited in combination with each other in a
1644	commercial collection container located where the materials are
1645	generated and when such materials contain more than 10 percent
1646	solid waste by volume or weight. For purposes of this
1647	subsection, the term "various types of recovered materials"
1648	means metals, paper, glass, plastic, textiles, and rubber.
1649	(36)  "Special wastes" means solid wastes that can require
1650	special handling and management, including, but not limited to,
1651	white goods, waste tires, used oil, lead-acid batteries,
1652	construction and demolition debris, ash residue, yard trash, and
1653	biological wastes.
1654	(37)  "Storage" means the containment or holding of a
1655	hazardous waste, either on a temporary basis or for a period of
1656	years, in such a manner as not to constitute disposal of such
1657	hazardous waste.
1658	(38)  "Transfer station" means a site the primary purpose
1659	of which is to store or hold solid waste for transport to a
1660	processing or disposal facility.
1661	(39)  "Transport" means the movement of hazardous waste
1662	from the point of generation or point of entry into the state to
1663	any offsite intermediate points and to the point of offsite
1664	ultimate disposal, storage, treatment, or exit from the state.
1665	(40)  "Treatment," when used in connection with hazardous
1666	waste, means any method, technique, or process, including
1667	neutralization, which is designed to change the physical,
1668	chemical, or biological character or composition of any
1669	hazardous waste so as to neutralize it or render it
1670	nonhazardous, safe for transport, amenable to recovery, amenable
1671	to storage or disposal, or reduced in volume or concentration.
1672	The term includes any activity or processing that is designed to
1673	change the physical form or chemical composition of hazardous
1674	waste so as to render it nonhazardous.
1675	(41)  "Volume reduction plant" includes incinerators,
1676	pulverizers, compactors, shredding and baling plants, composting
1677	plants, and other plants that accept and process solid waste for
1678	recycling or disposal.
1679	(42)  "White goods" includes inoperative and discarded
1680	refrigerators, ranges, water heaters, freezers, and other
1681	similar domestic and commercial large appliances.
1682	(43)  "Yard trash" means vegetative matter resulting from
1683	landscaping maintenance and land clearing operations and
1684	includes associated rocks and soils.
1685	Section 18.  Subsection (69) of section 316.003, Florida
1686	Statutes, is amended to read:
1687	316.003  Definitions.--The following words and phrases,
1688	when used in this chapter, shall have the meanings respectively
1689	ascribed to them in this section, except where the context
1690	otherwise requires:
1691	(69)  HAZARDOUS MATERIAL.--Any substance or material which
1692	has been determined by the secretary of the United States
1693	Department of Transportation to be capable of imposing an
1694	unreasonable risk to health, safety, and property. This term
1695	includes hazardous waste as defined in s. 403.703(13) s.
1696	403.703(21).
1697	Section 19.  Paragraph (f) of subsection (2) of section
1698	377.709, Florida Statutes, is amended to read:
1699	377.709  Funding by electric utilities of local
1700	governmental solid waste facilities that generate electricity.--
1701	(2)  DEFINITIONS.--As used in this section, the term:
1702	(f)  "Solid waste facility" means a facility owned or
1703	operated by, or on behalf of, a local government for the purpose
1704	of disposing of solid waste, as that term is defined in s.
1705	403.703(31) s. 403.703(13), by any process that produces heat
1706	and incorporates, as a part of the facility, the means of
1707	converting heat to electrical energy in amounts greater than
1708	actually required for the operation of the facility.
1709	Section 20.  Subsection (1) of section 487.048, Florida
1710	Statutes, is amended to read:
1711	487.048  Dealer's license; records.--
1712	(1)  Each person holding or offering for sale, selling, or
1713	distributing restricted-use pesticides shall obtain a dealer's
1714	license from the department. Application for the license shall
1715	be made on a form prescribed by the department. The license must
1716	be obtained before entering into business or transferring
1717	ownership of a business. The department may require examination
1718	or other proof of competency of individuals to whom licenses are
1719	issued or of individuals employed by persons to whom licenses
1720	are issued. Demonstration of continued competency may be
1721	required for license renewal, as set by rule. The license shall
1722	be renewed annually as provided by rule. An annual license fee
1723	not exceeding $250 shall be established by rule. However, a user
1724	of a restricted-use pesticide may distribute unopened containers
1725	of a properly labeled pesticide to another user who is legally
1726	entitled to use that restricted-use pesticide without obtaining
1727	a pesticide dealer's license. The exclusive purpose of
1728	distribution of the restricted-use pesticide is to keep it from
1729	becoming a hazardous waste as defined in s. 403.703(13) s.
1730	403.703(21).
1731	Section 21.  Section 403.704, Florida Statutes, is amended
1732	to read:
1733	403.704  Powers and duties of the department.--The
1734	department shall have responsibility for the implementation and
1735	enforcement of the provisions of this act. In addition to other
1736	powers and duties, the department shall:
1737	(1)  Develop and implement, in consultation with local
1738	governments, a state solid waste management program, as defined
1739	in s. 403.705, and update the program at least every 3 years. In
1740	developing rules to implement the state solid waste management
1741	program, the department shall hold public hearings around the
1742	state and shall give notice of such public hearings to all local
1743	governments and regional planning agencies.
1744	(2)  Provide technical assistance to counties,
1745	municipalities, and other persons, and cooperate with
1746	appropriate federal agencies and private organizations in
1747	carrying out the provisions of this act.
1748	(3)  Promote the planning and application of recycling and
1749	resource recovery systems which preserve and enhance the quality
1750	of the air, water, and other natural resources of the state and
1751	assist in and encourage, where appropriate, the development of
1752	regional solid waste management facilities.
1753	(4)  Serve as the official state representative for all
1754	purposes of the federal Solid Waste Disposal Act, as amended by
1755	Pub. L. No. 91-512, or as subsequently amended.
1756	(5)  Use private industry or the State University System
1757	through contractual arrangements for implementation of some or
1758	all of the requirements of the state solid waste management
1759	program and for such other activities as may be considered
1760	necessary, desirable, or convenient.
1761	(6)  Encourage recycling and resource recovery as a source
1762	of energy and materials.
1763	(7)  Assist in and encourage, as much as possible, the
1764	development within the state of industries and commercial
1765	enterprises which are based upon resource recovery, recycling,
1766	and reuse of solid waste.
1767	(8)  Charge reasonable fees for any services it performs
1768	pursuant to this act, provided user fees shall apply uniformly
1769	within each municipality or county to all users who are provided
1770	with solid waste management services.
1771	(9)  Acquire, at its discretion, personal or real property
1772	or any interest therein by gift, lease, or purchase for the
1773	purpose of providing sites for solid waste management
1774	facilities.
1775	(10)  Acquire, construct, reconstruct, improve, maintain,
1776	equip, furnish, and operate, at its discretion, such solid waste
1777	management facilities as are called for by the state solid waste
1778	management program.
1779	(11)  Receive funds or revenues from the sale of products,
1780	materials, fuels, or energy in any form derived from processing
1781	of solid waste by state-owned or state-operated facilities,
1782	which funds or revenues shall be deposited into the Solid Waste
1783	Management Trust Fund.
1784	(8)(12)  Determine by rule the facilities, equipment,
1785	personnel, and number of monitoring wells to be provided at each
1786	Class I solid waste disposal area.
1787	(13)  Encourage, but not require, as part of a Class II
1788	solid waste disposal area, a potable water supply; an employee
1789	shelter; handwashing and toilet facilities; equipment washout
1790	facilities; electric service for operations and repairs;
1791	equipment shelter for maintenance and storage of parts,
1792	equipment, and tools; scales for weighing solid waste received
1793	at the disposal area; a trained equipment operator in full-time
1794	attendance during operating hours; and communication facilities
1795	for use in emergencies. The department may require an attendant
1796	at a Class II solid waste disposal area during the hours of
1797	operation if the department affirmatively demonstrates that such
1798	a requirement is necessary to prevent unlawful fires,
1799	unauthorized dumping, or littering of nearby property.
1800	(14)  Require a Class II solid waste disposal area to have
1801	at least one monitoring well which shall be placed adjacent to
1802	the site in the direction of groundwater flow unless otherwise
1803	exempted by the department. The department may require
1804	additional monitoring wells not farther than 1 mile from the
1805	site if it is affirmatively demonstrated by the department that
1806	a significant change in the initial quality of the water has
1807	occurred in the downstream monitoring well which adversely
1808	affects the beneficial uses of the water. These wells may be
1809	public or private water supply wells if they are suitable for
1810	use in determining background water quality levels.
1811	(9)(15)  Adopt rules pursuant to ss. 120.536(1) and 120.54
1812	to implement and enforce the provisions of this act, including
1813	requirements for the classification, construction, operation,
1814	maintenance, and closure of solid waste management facilities
1815	and requirements for, and conditions on, solid waste disposal in
1816	this state, whether such solid waste is generated within this
1817	state or outside this state as long as such requirements and
1818	conditions are not based on the out-of-state origin of the waste
1819	and are consistent with applicable provisions of law. When
1820	classifying solid waste management facilities, the department
1821	shall consider the hydrogeology of the site for the facility,
1822	the types of wastes to be handled by the facility, and methods
1823	used to control the types of waste to be handled by the facility
1824	and shall seek to minimize the adverse effects of solid waste
1825	management on the environment. Whenever the department adopts
1826	any rule stricter or more stringent than one which has been set
1827	by the United States Environmental Protection Agency, the
1828	procedures set forth in s. 403.804(2) shall be followed. The
1829	department shall not, however, adopt hazardous waste rules for
1830	solid waste for which special studies were required prior to
1831	October 1, 1988, under s. 8002 of the Resource Conservation and
1832	Recovery Act, 42 U.S.C. s. 6982, as amended, until the studies
1833	are completed by the United States Environmental Protection
1834	Agency and the information is available to the department for
1835	consideration in adopting its own rule.
1836	(10)(16)  Issue or modify permits on such conditions as are
1837	necessary to effect the intent and purposes of this act, and may
1838	deny or revoke permits.
1839	(17)  Conduct research, using the State University System,
1840	solid waste professionals from local governments, private
1841	enterprise, and other organizations, on alternative,
1842	economically feasible, cost-effective, and environmentally safe
1843	solid waste management and landfill closure methods which
1844	protect the health, safety, and welfare of the public and the
1845	environment and which may assist in developing markets and
1846	provide economic benefits to local governments, the state, and
1847	its citizens, and solicit public participation during the
1848	research process. The department shall incorporate such cost-
1849	effective landfill closure methods in the appropriate department
1850	rule as alternative closure requirements.
1851	(11)(18)  Develop and implement or contract for services to
1852	develop information on recovered materials markets and
1853	strategies for market development and expansion for use of these
1854	materials. Additionally, the department shall maintain a
1855	directory of recycling businesses operating in the state and
1856	shall serve as a coordinator to match recovered materials with
1857	markets. Such directory shall be made available to the public
1858	and to local governments to assist with their solid waste
1859	management activities.
1860	(19)  Authorize variances from solid waste closure rules
1861	adopted pursuant to this part, provided such variances are
1862	applied for and approved in accordance with s. 403.201 and will
1863	not result in significant threats to human health or the
1864	environment.
1865	(12)(20)  Establish accounts and deposit to the Solid Waste
1866	Management Trust Fund and control and administer moneys it may
1867	withdraw from the fund.
1868	(13)(21)  Manage a program of grants, using funds from the
1869	Solid Waste Management Trust Fund and funds provided by the
1870	Legislature for solid waste management, for programs for
1871	recycling, composting, litter control, and special waste
1872	management and for programs which provide for the safe and
1873	proper management of solid waste.
1874	(14)(22)  Budget and receive appropriated funds and accept,
1875	receive, and administer grants or other funds or gifts from
1876	public or private agencies, including the state and the Federal
1877	Government, for the purpose of carrying out the provisions of
1878	this act.
1879	(15)(23)  Delegate its powers, enter into contracts, or
1880	take such other actions as may be necessary to implement this
1881	act.
1882	(16)(24)  Receive and administer funds appropriated for
1883	county hazardous waste management assessments.
1884	(17)(25)  Provide technical assistance to local governments
1885	and regional agencies to ensure consistency between county
1886	hazardous waste management assessments; coordinate the
1887	development of such assessments with the assistance of the
1888	appropriate regional planning councils; and review and make
1889	recommendations to the Legislature relative to the sufficiency
1890	of the assessments to meet state hazardous waste management
1891	needs.
1892	(18)(26)  Increase public education and public awareness of
1893	solid and hazardous waste issues by developing and promoting
1894	statewide programs of litter control, recycling, volume
1895	reduction, and proper methods of solid waste and hazardous waste
1896	management.
1897	(19)(27)  Assist the hazardous waste storage, treatment, or
1898	disposal industry by providing to the industry any data produced
1899	on the types and quantities of hazardous waste generated.
1900	(20)(28)  Institute a hazardous waste emergency response
1901	program which would include emergency telecommunication
1902	capabilities and coordination with appropriate agencies.
1903	(21)(29)  Promulgate rules necessary to accept delegation
1904	of the hazardous waste management program from the Environmental
1905	Protection Agency under the Hazardous and Solid Waste Amendments
1906	of 1984, Pub. L. No. 98-616.
1907	(22)(30)  Adopt rules, if necessary, to address the
1908	incineration and disposal of biomedical waste and the management
1909	of biological waste within the state, whether such waste is
1910	generated within this state or outside this state, as long as
1911	such requirements and conditions are not based on the out-of-
1912	state origin of the waste and are consistent with applicable
1913	provisions of law.
1914	Section 22.  Section 403.7043, Florida Statutes, is amended
1915	to read:
1916	403.7043  Compost standards and applications.--
1917	(1)  In order to protect the state's land and water
1918	resources, compost produced, utilized, or disposed of by the
1919	composting process at solid waste management facilities in the
1920	state must meet criteria established by the department.
1921	(2)  The department shall Within 6 months after October 1,
1922	1988, the department shall initiate rulemaking to establish and
1923	maintain rules addressing standards for the production of
1924	compost and shall complete and promulgate those rules within 12
1925	months after initiating the process of rulemaking, including
1926	rules establishing:
1927	(a)  Requirements necessary to produce hygienically safe
1928	compost products for varying applications.
1929	(b)  A classification scheme for compost based on: the
1930	types of waste composted, including at least one type containing
1931	only yard trash; the maturity of the compost, including at least
1932	three degrees of decomposition for fresh, semimature, and
1933	mature; and the levels of organic and inorganic constituents in
1934	the compost. This scheme shall address:
1935	1.  Methods for measurement of the compost maturity.
1936	2.  Particle sizes.
1937	3.  Moisture content.
1938	4.  Average levels of organic and inorganic constituents,
1939	including heavy metals, for such classes of compost as the
1940	department establishes, and the analytical methods to determine
1941	those levels.
1942	(3)  Within 6 months after October 1, 1988, the department
1943	shall initiate rulemaking to prescribe the allowable uses and
1944	application rates of compost and shall complete and promulgate
1945	those rules within 12 months after initiating the process of
1946	rulemaking, based on the following criteria:
1947	(a)  The total quantity of organic and inorganic
1948	constituents, including heavy metals, allowed to be applied
1949	through the addition of compost to the soil per acre per year.
1950	(b)  The allowable uses of compost based on maturity and
1951	type of compost.
1952	(4)  If compost is produced which does not meet the
1953	criteria prescribed by the department for agricultural and other
1954	use, the compost must be reprocessed or disposed of in a manner
1955	approved by the department, unless a different application is
1956	specifically permitted by the department.
1957	(5)  The provisions of s. 403.706 shall not prohibit any
1958	county or municipality which has in place a memorandum of
1959	understanding or other written agreement as of October 1, 1988,
1960	from proceeding with plans to build a compost facility.
1961	Section 23.  Subsections (1), (2), and (3) of section
1962	403.7045, Florida Statutes, are amended to read:
1963	403.7045  Application of act and integration with other
1964	acts.--
1965	(1)  The following wastes or activities shall not be
1966	regulated pursuant to this act:
1967	(a)  Byproduct material, source material, and special
1968	nuclear material, the generation, transportation, disposal,
1969	storage, or treatment of which is regulated under chapter 404 or
1970	under the federal Atomic Energy Act of 1954, ch. 1073, 68 Stat.
1971	923, as amended;
1972	(b)  Suspended solids and dissolved materials in domestic
1973	sewage effluent or irrigation return flows or other discharges
1974	which are point sources subject to permits pursuant to
1975	provisions of this chapter or pursuant to s. 402 of the Clean
1976	Water Act, Pub. L. No. 95-217;
1977	(c)  Emissions to the air from a stationary installation or
1978	source regulated under provisions of this chapter or under the
1979	Clean Air Act, Pub. L. No. 95-95;
1980	(d)  Drilling fluids, produced waters, and other wastes
1981	associated with the exploration for, or development and
1982	production of, crude oil or natural gas which are regulated
1983	under chapter 377; or
1984	(e)  Recovered materials or recovered materials processing
1985	facilities shall not be regulated pursuant to this act, except
1986	as provided in s. 403.7046, if:
1987	1.  A majority of the recovered materials at the facility
1988	are demonstrated to be sold, used, or reused within 1 year.
1989	2.  The recovered materials handled by the facility or the
1990	products or byproducts of operations that process recovered
1991	materials are not discharged, deposited, injected, dumped,
1992	spilled, leaked, or placed into or upon any land or water by the
1993	owner or operator of such facility so that such recovered
1994	materials, products or byproducts, or any constituent thereof
1995	may enter other lands or be emitted into the air or discharged
1996	into any waters, including groundwaters, or otherwise enter the
1997	environment such that a threat of contamination in excess of
1998	applicable department standards and criteria is caused.
1999	3.  The recovered materials handled by the facility are not
2000	hazardous wastes as defined under s. 403.703, and rules
2001	promulgated pursuant thereto.
2002	4.  The facility is registered as required in s. 403.7046.
2003	(f)  Industrial byproducts, if:
2004	1.  A majority of the industrial byproducts are
2005	demonstrated to be sold, used, or reused within 1 year.
2006	2.  The industrial byproducts are not discharged,
2007	deposited, injected, dumped, spilled, leaked, or placed upon any
2008	land or water so that such industrial byproducts, or any
2009	constituent thereof, may enter other lands or be emitted into
2010	the air or discharged into any waters, including groundwaters,
2011	or otherwise enter the environment such that a threat of
2012	contamination in excess of applicable department standards and
2013	criteria or a significant threat to public health is caused.
2014	3.  The industrial byproducts are not hazardous wastes as
2015	defined under s. 403.703 and rules adopted under this section.
2016	(2)  Except as provided in s. 403.704(9) s. 403.704(15),
2017	the following wastes shall not be regulated as a hazardous waste
2018	pursuant to this act, except when determined by the United
2019	States Environmental Protection Agency to be a hazardous waste:
2020	(a)  Ashes and scrubber sludges generated from the burning
2021	of boiler fuel for generation of electricity or steam.
2022	(b)  Agricultural and silvicultural byproduct material and
2023	agricultural and silvicultural process waste from normal farming
2024	or processing.
2025	(c)  Discarded material generated by the mining and
2026	beneficiation and chemical or thermal processing of phosphate
2027	rock, and precipitates resulting from neutralization of
2028	phosphate chemical plant process and nonprocess waters.
2029	(3)  The following wastes or activities shall be regulated
2030	pursuant to this act in the following manner:
2031	(a)  Dredged material that is generated as part of a
2032	project permitted under part IV of chapter 373 or chapter 161,
2033	or that is authorized to be removed from sovereign submerged
2034	lands under chapter 253, Dredge spoil or fill material shall be
2035	managed in accordance with the conditions of that permit or
2036	authorization unless the dredged material is regulated as
2037	hazardous waste pursuant to this part disposed of pursuant to a
2038	dredge and fill permit, but whenever hazardous components are
2039	disposed of within the dredge or fill material, the dredge and
2040	fill permits shall specify the specific hazardous wastes
2041	contained and the concentration of each such waste. If the
2042	dredged material contains hazardous substances, the department
2043	may further then limit or restrict the sale or use of the
2044	dredged dredge and fill material and may specify such other
2045	conditions relative to this material as are reasonably necessary
2046	to protect the public from the potential hazards.
2047	(b)  Hazardous wastes that which are contained in
2048	artificial recharge waters or other waters intentionally
2049	introduced into any underground formation and that which are
2050	permitted pursuant to s. 373.106 shall also be handled in
2051	compliance with the requirements and standards for disposal,
2052	storage, and treatment of hazardous waste under this act.
2053	(c)  Solid waste or hazardous waste facilities that which
2054	are operated as a part of the normal operation of a power
2055	generating facility and which are licensed by certification
2056	pursuant to the Florida Electrical Power Plant Siting Act, ss.
2057	403.501-403.518, shall undergo such certification subject to the
2058	substantive provisions of this act.
2059	(d)  Biomedical waste and biological waste shall be
2060	disposed of only as authorized by the department. However, any
2061	person who unknowingly disposes into a sanitary landfill or
2062	waste-to-energy facility any such waste that which has not been
2063	properly segregated or separated from other solid wastes by the
2064	generating facility is not guilty of a violation under this act.
2065	Nothing in This paragraph does not shall be construed to
2066	prohibit the department from seeking injunctive relief pursuant
2067	to s. 403.131 to prohibit the unauthorized disposal of
2068	biomedical waste or biological waste.
2069	Section 24.  Section 403.707, Florida Statutes, is amended
2070	to read:
2071	403.707  Permits.--
2072	(1)  A No solid waste management facility may not be
2073	operated, maintained, constructed, expanded, modified, or closed
2074	without an appropriate and currently valid permit issued by the
2075	department. The department may by rule exempt specified types of
2076	facilities from the requirement for a permit if it determines
2077	that construction for operation of the facility is not expected
2078	to create any significant threat to the environment or public
2079	health. For purposes of this part, and only when specified by
2080	department rule, a permit may include registrations as well as
2081	other forms of licenses as defined in s. 120.52. Solid waste
2082	construction permits issued under this section may include any
2083	permit conditions necessary to achieve compliance with the
2084	recycling requirements of this act. The department shall pursue
2085	reasonable timeframes for closure and construction requirements,
2086	considering pending federal requirements and implementation
2087	costs to the permittee. The department shall adopt a rule
2088	establishing performance standards for construction and closure
2089	of solid waste management facilities. The standards shall allow
2090	flexibility in design and consideration for site-specific
2091	characteristics.
2092	(2)  Except as provided in s. 403.722(6), no permit under
2093	this section is required for the following, provided that the
2094	activity shall not create a public nuisance or any condition
2095	adversely affecting the environment or public health and shall
2096	not violate other state or local laws, ordinances, rules,
2097	regulations, or orders:
2098	(a)  Disposal by persons of solid waste resulting from
2099	their own activities on their own property, provided such waste
2100	is either ordinary household waste from their residential
2101	property or is rocks, soils, trees, tree remains, and other
2102	vegetative matter that which normally result from land
2103	development operations. Disposal of materials that which could
2104	create a public nuisance or adversely affect the environment or
2105	public health, such as: white goods; automotive materials, such
2106	as batteries and tires; petroleum products; pesticides;
2107	solvents; or hazardous substances, is not covered under this
2108	exemption.
2109	(b)  Storage in containers by persons of solid waste
2110	resulting from their own activities on their property, leased or
2111	rented property, or property subject to a homeowners or
2112	maintenance association for which the person contributes
2113	association assessments, if the solid waste in such containers
2114	is collected at least once a week.
2115	(c)  Disposal by persons of solid waste resulting from
2116	their own activities on their property, provided the
2117	environmental effects of such disposal on groundwater and
2118	surface waters are:
2119	1.  Addressed or authorized by a site certification order
2120	issued under part II or a permit issued by the department
2121	pursuant to this chapter or rules adopted pursuant thereto; or
2122	2.  Addressed or authorized by, or exempted from the
2123	requirement to obtain, a groundwater monitoring plan approved by
2124	the department.
2125	(d)  Disposal by persons of solid waste resulting from
2126	their own activities on their own property, provided that such
2127	disposal occurred prior to October 1, 1988.
2128	(e)  Disposal of solid waste resulting from normal farming
2129	operations as defined by department rule. Polyethylene
2130	agricultural plastic, damaged, nonsalvageable, untreated wood
2131	pallets, and packing material that cannot be feasibly recycled,
2132	which are used in connection with agricultural operations
2133	related to the growing, harvesting, or maintenance of crops, may
2134	be disposed of by open burning, provided that no public nuisance
2135	or any condition adversely affecting the environment or the
2136	public health is created thereby and that state or federal
2137	ambient air quality standards are not violated.
2138	(f)  The use of clean debris as fill material in any area.
2139	However, this paragraph does not exempt any person from
2140	obtaining any other required permits, nor does it affect a
2141	person's responsibility to dispose of clean debris appropriately
2142	if it is not to be used as fill material.
2143	(g)  Compost operations that produce less than 50 cubic
2144	yards of compost per year when the compost produced is used on
2145	the property where the compost operation is located.
2146	(3)  All applicable provisions of ss. 403.087 and 403.088,
2147	relating to permits, apply to the control of solid waste
2148	management facilities.
2149	(4)  When application for a construction permit for a Class
2150	I or Class II solid waste disposal area is made, it is the duty
2151	of the department to provide a copy of the application, within 7
2152	days after filing, to the water management district having
2153	jurisdiction where the area is to be located. The water
2154	management district may prepare an advisory report as to the
2155	impact on water resources. This report shall contain the
2156	district's recommendations as to the disposition of the
2157	application and shall be submitted to the department no later
2158	than 30 days prior to the deadline for final agency action by
2159	the department. However, the failure of the department or the
2160	water management district to comply with the provisions of this
2161	subsection shall not be the basis for the denial, revocation, or
2162	remand of any permit or order issued by the department.
2163	(5)  The department may not issue a construction permit
2164	pursuant to this part for a new solid waste landfill within
2165	3,000 feet of Class I surface waters.
2166	(6)  The department may issue a construction permit
2167	pursuant to this part only to a solid waste management facility
2168	that provides the conditions necessary to control the safe
2169	movement of wastes or waste constituents into surface or ground
2170	waters or the atmosphere and that will be operated, maintained,
2171	and closed by qualified and properly trained personnel. Such
2172	facility must if necessary:
2173	(a)  Use natural or artificial barriers which are capable
2174	of controlling lateral or vertical movement of wastes or waste
2175	constituents into surface or ground waters.
2176	(b)  Have a foundation or base that is capable of providing
2177	support for structures and waste deposits and capable of
2178	preventing foundation or base failure due to settlement,
2179	compression, or uplift.
2180	(c)  Provide for the most economically feasible, cost-
2181	effective, and environmentally safe control of leachate, gas,
2182	stormwater, and disease vectors and prevent the endangerment of
2183	public health and the environment.
2184
2185	Open fires, air-curtain incinerators, or trench burning may not
2186	be used as a means of disposal at a solid waste management
2187	facility, unless permitted by the department under s. 403.087.
2188	(7)  Prior to application for a construction permit, an
2189	applicant shall designate to the department temporary backup
2190	disposal areas or processes for the resource recovery facility.
2191	Failure to designate temporary backup disposal areas or
2192	processes shall result in a denial of the construction permit.
2193	(8)  The department may refuse to issue a permit to an
2194	applicant who by past conduct in this state has repeatedly
2195	violated pertinent statutes, rules, or orders or permit terms or
2196	conditions relating to any solid waste management facility and
2197	who is deemed to be irresponsible as defined by department rule.
2198	For the purposes of this subsection, an applicant includes the
2199	owner or operator of the facility, or if the owner or operator
2200	is a business entity, a parent of a subsidiary corporation, a
2201	partner, a corporate officer or director, or a stockholder
2202	holding more than 50 percent of the stock of the corporation.
2203	(9)  Before or on the same day of filing with the
2204	department of an application for any construction permit for the
2205	incineration of biomedical waste which the department may
2206	require by rule, the applicant shall notify each city and county
2207	within 1 mile of the facility of the filing of the application
2208	and shall publish notice of the filing of the application. The
2209	applicant shall publish a second notice of the filing within 14
2210	days after the date of filing. Each notice shall be published in
2211	a newspaper of general circulation in the county in which the
2212	facility is located or is proposed to be located.
2213	Notwithstanding the provisions of chapter 50, for purposes of
2214	this section, a "newspaper of general circulation" shall be the
2215	newspaper within the county in which the installation or
2216	facility is proposed which has the largest daily circulation in
2217	that county and has its principal office in that county. If the
2218	newspaper with the largest daily circulation has its principal
2219	office outside the county, the notice shall appear in both the
2220	newspaper with the largest daily circulation in that county, and
2221	a newspaper authorized to publish legal notices in that county.
2222	The notice shall contain:
2223	(a)  The name of the applicant and a brief description of
2224	the facility and its location.
2225	(b)  The location of the application file and when it is
2226	available for public inspection.
2227
2228	The notice shall be prepared by the applicant and shall comply
2229	with the following format:
2230
2231	Notice of Application
2232
2233	The Department of Environmental Protection announces receipt of
2234	an application for a permit from (name of applicant) to (brief
2235	description of project). This proposed project will be located
2236	at (location) in (county) (city).
2237
2238	This application is being processed and is available for public
2239	inspection during normal business hours, 8:00 a.m. to 5:00 p.m.,
2240	Monday through Friday, except legal holidays, at (name and
2241	address of office).
2242
2243	(10)  A permit, which the department may require by rule,
2244	for the incineration of biomedical waste, may not be transferred
2245	by the permittee to any other entity, except in conformity with
2246	the requirements of this subsection.
2247	(a)  Within 30 days after the sale or legal transfer of a
2248	permitted facility, the permittee shall file with the department
2249	an application for transfer of the permits on such form as the
2250	department shall establish by rule. The form must be completed
2251	with the notarized signatures of both the transferring permittee
2252	and the proposed permittee.
2253	(b)  The department shall approve the transfer of a permit
2254	unless it determines that the proposed permittee has not
2255	provided reasonable assurances that the proposed permittee has
2256	the administrative, technical, and financial capability to
2257	properly satisfy the requirements and conditions of the permit,
2258	as determined by department rule. The determination shall be
2259	limited solely to the ability of the proposed permittee to
2260	comply with the conditions of the existing permit, and it shall
2261	not concern the adequacy of the permit conditions. If the
2262	department proposes to deny the transfer, it shall provide both
2263	the transferring permittee and the proposed permittee a written
2264	objection to such transfer together with notice of a right to
2265	request a proceeding on such determination under chapter 120.
2266	(c)  Within 90 days after receiving a properly completed
2267	application for transfer of a permit, the department shall issue
2268	a final determination. The department may toll the time for
2269	making a determination on the transfer by notifying both the
2270	transferring permittee and the proposed permittee that
2271	additional information is required to adequately review the
2272	transfer request. Such notification shall be provided within 30
2273	days after receipt of an application for transfer of the permit,
2274	completed pursuant to paragraph (a). If the department fails to
2275	take action to approve or deny the transfer within 90 days after
2276	receipt of the completed application or within 90 days after
2277	receipt of the last item of timely requested additional
2278	information, the transfer shall be deemed approved.
2279	(d)  The transferring permittee is encouraged to apply for
2280	a permit transfer well in advance of the sale or legal transfer
2281	of a permitted facility. However, the transfer of the permit
2282	shall not be effective prior to the sale or legal transfer of
2283	the facility.
2284	(e)  Until the transfer of the permit is approved by the
2285	department, the transferring permittee and any other person
2286	constructing, operating, or maintaining the permitted facility
2287	shall be liable for compliance with the terms of the permit.
2288	Nothing in this section shall relieve the transferring permittee
2289	of liability for corrective actions that may be required as a
2290	result of any violations occurring prior to the legal transfer
2291	of the permit.
2292	(11)  The department shall review all permit applications
2293	for any designated Class I solid waste disposal facility. As
2294	used in this subsection, the term "designated Class I solid
2295	waste disposal facility" means any facility that is, as of May
2296	12, 1993, a solid waste disposal facility classified as an
2297	active Class I landfill by the department, that is located in
2298	whole or in part within 1,000 feet of the boundary of any
2299	municipality, but that is not located within any county with an
2300	approved charter or consolidated municipal government, is not
2301	located within any municipality, and is not operated by a
2302	municipality. The department shall not permit vertical expansion
2303	or horizontal expansion of any designated Class I solid waste
2304	disposal facility unless the application for such permit was
2305	filed before January 1, 1993, and no solid waste management
2306	facility may be operated which is a vertical expansion or
2307	horizontal expansion of a designated Class I solid waste
2308	disposal facility. As used in this subsection, the term
2309	"vertical expansion" means any activity that will result in an
2310	increase in the height of a designated Class I solid waste
2311	disposal facility above 100 feet National Geodetic Vertical
2312	Datum, except solely for closure, and the term "horizontal
2313	expansion" means any activity that will result in an increase in
2314	the ground area covered by a designated Class I solid waste
2315	disposal facility, or if within 1 mile of a designated Class I
2316	solid waste disposal facility, any new or expanded operation of
2317	any solid waste disposal facility or area, or of incineration of
2318	solid waste, or of storage of solid waste for more than 1 year,
2319	or of composting of solid waste other than yard trash.
2320	(9)(12)  The department shall establish a separate category
2321	for solid waste management facilities which accept only
2322	construction and demolition debris for disposal or recycling.
2323	The department shall establish a reasonable schedule for
2324	existing facilities to comply with this section to avoid undue
2325	hardship to such facilities. However, a permitted solid waste
2326	disposal unit that which receives a significant amount of waste
2327	prior to the compliance deadline established in this schedule
2328	shall not be required to be retrofitted with liners or leachate
2329	control systems. Facilities accepting materials defined in s.
2330	403.703(6)(b) s. 403.703(17)(b) must implement a groundwater
2331	monitoring system adequate to detect contaminants that may
2332	reasonably be expected to result from such disposal prior to the
2333	acceptance of those materials.
2334	(a)  The department shall establish reasonable
2335	construction, operation, monitoring, recordkeeping, financial
2336	assurance, and closure requirements for such facilities. The
2337	department shall take into account the nature of the waste
2338	accepted at various facilities when establishing these
2339	requirements, and may impose less stringent requirements,
2340	including a system of general permits or registration
2341	requirements, for facilities that accept only a segregated waste
2342	stream which is expected to pose a minimal risk to the
2343	environment and public health, such as clean debris. The
2344	Legislature recognizes that incidental amounts of other types of
2345	solid waste are commonly generated at construction or demolition
2346	projects. In any enforcement action taken pursuant to this
2347	section, the department shall consider the difficulty of
2348	removing these incidental amounts from the waste stream.
2349	(b)  The department shall not require liners and leachate
2350	collection systems at individual facilities unless it
2351	demonstrates, based upon the types of waste received, the
2352	methods for controlling types of waste disposed of, the
2353	proximity of groundwater and surface water, and the results of
2354	the hydrogeological and geotechnical investigations, that the
2355	facility is reasonably expected to result in violations of
2356	groundwater standards and criteria otherwise.
2357	(c)  The owner or operator shall provide financial
2358	assurance for closing of the facility in accordance with the
2359	requirements of s. 403.7125. The financial assurance shall cover
2360	the cost of closing the facility and 5 years of long-term care
2361	after closing, unless the department determines, based upon
2362	hydrogeologic conditions, the types of wastes received, or the
2363	groundwater monitoring results, that a different long-term care
2364	period is appropriate. However, unless the owner or operator of
2365	the facility is a local government, the escrow account described
2366	in s. 403.7125(2) s. 403.7125(3) may not be used as a financial
2367	assurance mechanism.
2368	(d)  The department shall establish training requirements
2369	for operators of facilities, and shall work with the State
2370	University System or other providers to assure that adequate
2371	training courses are available. The department shall also assist
2372	the Florida Home Builders Association in establishing a
2373	component of its continuing education program to address proper
2374	handling of construction and demolition debris, including best
2375	management practices for reducing contamination of the
2376	construction and demolition debris waste stream.
2377	(e)  The issuance of a permit under this subsection does
2378	not obviate the need to comply with all applicable zoning and
2379	land use regulations.
2380	(f)  A permit is not required under this section for the
2381	disposal of construction and demolition debris on the property
2382	where it is generated, but such property must be covered,
2383	graded, and vegetated as necessary when disposal is complete.
2384	(g)  It is the policy of the Legislature to encourage
2385	facilities to recycle. The department shall establish criteria
2386	and guidelines that encourage recycling where practical and
2387	provide for the use of recycled materials in a manner that
2388	protects the public health and the environment. Facilities are
2389	authorized to recycle, provided such activities do not conflict
2390	with such criteria and guidelines.
2391	(h)  The department shall ensure that the requirements of
2392	this section are applied and interpreted consistently throughout
2393	the state. In accordance with s. 20.255, the Division of Waste
2394	Management shall direct the district offices and bureaus on
2395	matters relating to the interpretation and applicability of this
2396	section.
2397	(i)  The department shall provide notice of receipt of a
2398	permit application for the initial construction of a
2399	construction and demolition debris disposal facility to the
2400	local governments having jurisdiction where the facility is to
2401	be located.
2402	(j)  The Legislature recognizes that recycling, waste
2403	reduction, and resource recovery are important aspects of an
2404	integrated solid waste management program and as such are
2405	necessary to protect the public health and the environment. If
2406	necessary to promote such an integrated program, the county may
2407	determine, after providing notice and an opportunity for a
2408	hearing prior to December 31, 2006 1996, that some or all of the
2409	wood material described in s. 403.703(6)(b) s. 403.703(17)(b)
2410	shall be excluded from the definition of "construction and
2411	demolition debris" in s. 403.703(6) s. 403.703(17) within the
2412	jurisdiction of such county. The county may make such a
2413	determination only if it finds that, prior to June 1, 2006 1996,
2414	the county has established an adequate method for the use or
2415	recycling of such wood material at an existing or proposed solid
2416	waste management facility that is permitted or authorized by the
2417	department on June 1, 2006 1996. The county shall not be
2418	required to hold a hearing if the county represents that it
2419	previously has held a hearing for such purpose, nor shall the
2420	county be required to hold a hearing if the county represents
2421	that it previously has held a public meeting or hearing that
2422	authorized such method for the use or recycling of trash or
2423	other nonputrescible waste materials and if the county further
2424	represents that such materials include those materials described
2425	in s. 403.703(6)(b) s. 403.703(17)(b). The county shall provide
2426	written notice of its determination to the department by no
2427	later than December 31, 2006 1996; thereafter, the wood
2428	materials described in s. 403.703(6)(b) s. 403.703(17)(b) shall
2429	be excluded from the definition of "construction and demolition
2430	debris" in s. 403.703(6) s. 403.703(17) within the jurisdiction
2431	of such county. The county may withdraw or revoke its
2432	determination at any time by providing written notice to the
2433	department.
2434	(k)  Brazilian pepper and other invasive exotic plant
2435	species as designated by the department resulting from
2436	eradication projects may be processed at permitted construction
2437	and demolition debris recycling facilities or disposed of at
2438	permitted construction and demolition debris disposal facilities
2439	or Class III facilities. The department may adopt rules to
2440	implement this paragraph.
2441	(10)(13)  If the department and a local government
2442	independently require financial assurance for the closure of a
2443	privately owned solid waste management facility, the department
2444	and that local government shall enter into an interagency
2445	agreement that will allow the owner or operator to provide a
2446	single financial mechanism to cover the costs of closure and any
2447	required long-term care. The financial mechanism may provide for
2448	the department and local government to be cobeneficiaries or
2449	copayees, but shall not impose duplicative financial
2450	requirements on the owner or operator. These closure costs must
2451	include at least the minimum required by department rules and
2452	must also include any additional costs required by local
2453	ordinance or regulation.
2454	(11)(14)  Before or on the same day of filing with the
2455	department of an application for a permit to construct or
2456	substantially modify a solid waste management facility, the
2457	applicant shall notify the local government having jurisdiction
2458	over the facility of the filing of the application. The
2459	applicant also shall publish notice of the filing of the
2460	application in a newspaper of general circulation in the area
2461	where the facility will be located. Notice shall be given and
2462	published in accordance with applicable department rules. The
2463	department shall not issue the requested permit until the
2464	applicant has provided the department with proof that the
2465	notices required by this subsection have been given. Issuance of
2466	a permit does not relieve an applicant from compliance with
2467	local zoning or land use ordinances, or with any other law,
2468	rules, or ordinances.
2469	(12)(15)  Construction and demolition debris must be
2470	separated from the solid waste stream and segregated in separate
2471	locations at a solid waste disposal facility or other permitted
2472	site.
2473	(13)(16)  No facility, solely by virtue of the fact that it
2474	uses processed yard trash or clean wood or paper waste as a fuel
2475	source, shall be considered to be a solid waste disposal
2476	facility.
2477	Section 25.  Section 403.7071, Florida Statutes, is created
2478	to read:
2479	403.7071  Management of storm-generated debris.--Solid
2480	waste generated as a result of a storm event that is the subject
2481	of an emergency order issued by the department may be managed as
2482	follows:
2483	(1)  The Department of Environmental Protection may issue
2484	field authorizations for staging areas in those counties
2485	affected by a storm event. Such staging areas may be used for
2486	the temporary storage and management of storm-generated debris,
2487	including the chipping, grinding, or burning of vegetative
2488	debris. Field authorizations may be requested by providing a
2489	notice to the local office of the department containing a
2490	description of the design and operation of the staging area; the
2491	location of the staging area; and the name, address, and
2492	telephone number of the site manager. Field authorizations also
2493	may be issued by the department staff without prior notice.
2494	Written records of all field authorizations shall be created and
2495	maintained by department staff. Field authorizations may include
2496	specific conditions for the operation and closure of the staging
2497	area and shall include a required closure date. A local
2498	government shall avoid locating a staging area in wetlands and
2499	other surface waters to the greatest extent possible, and the
2500	area that is used or affected by a staging area must be fully
2501	restored upon cessation of use of the area.
2502	(2)  Storm-generated vegetative debris managed at a staging
2503	area may be disposed of in a permitted lined or unlined
2504	landfill, a permitted land clearing debris facility, or a
2505	permitted construction and demolition debris disposal facility.
2506	Vegetative debris may also be managed at a permitted waste
2507	processing facility or a registered yard trash processing
2508	facility.
2509	(3)  Construction and demolition debris that is mixed with
2510	other storm-generated debris need not be segregated from other
2511	solid waste prior to disposal in a lined landfill. Construction
2512	and demolition debris that is source-separated or is separated
2513	from other hurricane-generated debris at an authorized staging
2514	area, or at another area specifically authorized by the
2515	department, may be managed at a permitted construction and
2516	demolition debris disposal or recycling facility upon approval
2517	by the department of the methods and operational practices used
2518	to inspect the waste during segregation.
2519	(4)  Unsalvageable refrigerators and freezers containing
2520	solid waste, such as rotting food, which may create a sanitary
2521	nuisance may be disposed of in a permitted lined landfill;
2522	however, chlorofluorocarbons and capacitors must be removed and
2523	recycled to the greatest extent practicable using techniques and
2524	personnel meeting relevant federal requirements.
2525	(5)  Local governments may conduct the burning of storm-
2526	generated yard trash and other vegetative debris in air-curtain
2527	incinerators without prior notice to the department. Demolition
2528	debris may also be burned in air-curtain incinerators if the
2529	material is limited to untreated wood. Within 10 days after
2530	commencing such burning, the local government shall notify the
2531	department in writing describing the general nature of the
2532	materials burned; the location and method of burning; and the
2533	name, address, and telephone number of the representative of the
2534	local government to contact concerning the work. The operator of
2535	the air-curtain incinerator is subject to any requirement to
2536	obtain an open-burning authorization from the Division of
2537	Forestry or any other agency empowered to grant such
2538	authorization.
2539	Section 26.  Section 403.708, Florida Statutes, is amended
2540	to read:
2541	403.708  Prohibition; penalty.--
2542	(1)  No person shall:
2543	(a)  Place or deposit any solid waste in or on the land or
2544	waters located within the state except in a manner approved by
2545	the department and consistent with applicable approved programs
2546	of counties or municipalities. However, nothing in this act
2547	shall be construed to prohibit the disposal of solid waste
2548	without a permit as provided in s. 403.707(2).
2549	(b)  Burn solid waste except in a manner prescribed by the
2550	department and consistent with applicable approved programs of
2551	counties or municipalities.
2552	(c)  Construct, alter, modify, or operate a solid waste
2553	management facility or site without first having obtained from
2554	the department any permit required by s. 403.707.
2555	(2)  No beverage shall be sold or offered for sale within
2556	the state in a beverage container designed and constructed so
2557	that the container is opened by detaching a metal ring or tab.
2558	(3)  For purposes of subsections (2), (9), and (10):
2559	(a)  "Degradable," with respect to any material, means that
2560	such material, after being discarded, is capable of decomposing
2561	to components other than heavy metals or other toxic substances,
2562	after exposure to bacteria, light, or outdoor elements.
2563	(a)(b)  "Beverage" means soda water, carbonated natural or
2564	mineral water, or other nonalcoholic carbonated drinks; soft
2565	drinks, whether or not carbonated; beer, ale, or other malt
2566	drink of whatever alcoholic content; or a mixed wine drink or a
2567	mixed spirit drink.
2568	(b)(c)  "Beverage container" means an airtight container
2569	which at the time of sale contains 1 gallon or less of a
2570	beverage, or the metric equivalent of 1 gallon or less, and
2571	which is composed of metal, plastic, or glass or a combination
2572	thereof.
2573	(4)  The Division of Alcoholic Beverages and Tobacco of the
2574	Department of Business and Professional Regulation may impose a
2575	fine of not more than $100 on any person currently licensed
2576	pursuant to s. 561.14 for each violation of the provisions of
2577	subsection (2). If the violation is of a continuing nature, each
2578	day during which such violation occurs shall constitute a
2579	separate and distinct offense and shall be subject to a separate
2580	fine.
2581	(5)  The Department of Agriculture and Consumer Services
2582	may impose a fine of not more than $100 on any person not
2583	currently licensed pursuant to s. 561.14 for each violation of
2584	the provisions of subsection (2). If the violation is of a
2585	continuing nature, each day during which such violation occurs
2586	shall constitute a separate and distinct offense and shall be
2587	subject to a separate fine.
2588	(6)  Fifty percent of each fine collected pursuant to
2589	subsections (4) and (5) shall be deposited into the Solid Waste
2590	Management Trust Fund. The balance of fines collected pursuant
2591	to subsection (4) shall be deposited into the Alcoholic Beverage
2592	and Tobacco Trust Fund for the use of the division for
2593	inspection and enforcement of the provisions of this section.
2594	The balance of fines collected pursuant to subsection (5) shall
2595	be deposited into the General Inspection Trust Fund for the use
2596	of the Department of Agriculture and Consumer Services for
2597	inspection and enforcement of the provisions of this section.
2598	(7)  The Division of Alcoholic Beverages and Tobacco and
2599	the Department of Agriculture and Consumer Services shall
2600	coordinate their responsibilities under the provisions of this
2601	section to ensure that inspections and enforcement are
2602	accomplished in an efficient, cost-effective manner.
2603	(8)  A person may not distribute, sell, or expose for sale
2604	in this state any plastic bottle or rigid container intended for
2605	single use unless such container has a molded label indicating
2606	the plastic resin used to produce the plastic container. The
2607	label must appear on or near the bottom of the plastic container
2608	product and be clearly visible. This label must consist of a
2609	number placed inside a triangle and letters placed below the
2610	triangle. The triangle must be equilateral and must be formed by
2611	three arrows, and, in the middle of each arrow, there must be a
2612	rounded bend that forms one apex of the triangle. The pointer,
2613	or arrowhead, of each arrow must be at the midpoint of a side of
2614	the triangle, and a short gap must separate each pointer from
2615	the base of the adjacent arrow. The three curved arrows that
2616	form the triangle must depict a clockwise path around the code
2617	number. Plastic bottles of less than 16 ounces, rigid plastic
2618	containers of less than 8 ounces, and plastic casings on lead-
2619	acid storage batteries are not required to be labeled under this
2620	section. The numbers and letters must be as follows:
2621	(a)  For polyethylene terephthalate, the letters "PETE" and
2622	the number 1.
2623	(b)  For high-density polyethylene, the letters "HDPE" and
2624	the number 2.
2625	(c)  For vinyl, the letter "V" and the number 3.
2626	(d)  For low-density polyethylene, the letters "LDPE" and
2627	the number 4.
2628	(e)  For polypropylene, the letters "PP" and the number 5.
2629	(f)  For polystyrene, the letters "PS" and the number 6.
2630	(g)  For any other, the letters "OTHER" and the number 7.
2631	(9)  No person shall distribute, sell, or expose for sale
2632	in this state any product packaged in a container or packing
2633	material manufactured with fully halogenated chlorofluorocarbons
2634	(CFC). Producers of containers or packing material manufactured
2635	with chlorofluorocarbons (CFC) are urged to introduce
2636	alternative packaging materials which are environmentally
2637	compatible.
2638	(10)  The packaging of products manufactured or sold in the
2639	state may not be controlled by governmental rule, regulation, or
2640	ordinance adopted after March 1, 1974, other than as expressly
2641	provided in this act.
2642	(11)  Violations of this part or rules, regulations,
2643	permits, or orders issued thereunder by the department and
2644	violations of approved local programs of counties or
2645	municipalities or rules, regulations, or orders issued
2646	thereunder shall be punishable by a civil penalty as provided in
2647	s. 403.141.
2648	(12)  The department or any county or municipality may also
2649	seek to enjoin the violation of, or enforce compliance with,
2650	this part or any program adopted hereunder as provided in s.
2651	403.131.
2652	(13)  In accordance with the following schedule, no person
2653	who knows or who should know of the nature of such solid waste
2654	shall dispose of such solid waste in landfills:
2655	(a)  Lead-acid batteries, after January 1, 1989. Lead-acid
2656	batteries also may shall not be disposed of in any waste-to-
2657	energy facility after January 1, 1989. To encourage proper
2658	collection and recycling, all persons who sell lead-acid
2659	batteries at retail shall accept used lead-acid batteries as
2660	trade-ins for new lead-acid batteries.
2661	(b)  Used oil, after October 1, 1988.
2662	(c)  Yard trash, after January 1, 1992, except in lined
2663	unlined landfills classified by department rule as Class I
2664	landfills. Yard trash that is source separated from solid waste
2665	may be accepted at a solid waste disposal area where the area
2666	provides and maintains separate yard trash composting
2667	facilities. The department recognizes that incidental amounts of
2668	yard trash may be disposed of in Class I lined landfills. In any
2669	enforcement action taken pursuant to this paragraph, the
2670	department shall consider the difficulty of removing incidental
2671	amounts of yard trash from a mixed solid waste stream.
2672	(d)  White goods, after January 1, 1990.
2673
2674	Prior to the effective dates specified in paragraphs (a)-(d),
2675	the department shall identify and assist in developing
2676	alternative disposal, processing, or recycling options for the
2677	solid wastes identified in paragraphs (a)-(d).
2678	Section 27.  Section 403.709, Florida Statutes, is amended
2679	to read:
2680	403.709  Solid Waste Management Trust Fund; use of waste
2681	tire fees.--There is created the Solid Waste Management Trust
2682	Fund, to be administered by the department.
2683	(1)  From The annual revenues deposited in the trust fund,
2684	unless otherwise specified in the General Appropriations Act,
2685	shall be used for the following purposes:
2686	(a)(1)  Up to 40 percent shall be used for Funding solid
2687	waste activities of the department and other state agencies,
2688	such as providing technical assistance to local governments and
2689	the private sector, performing solid waste regulatory and
2690	enforcement functions, preparing solid waste documents, and
2691	implementing solid waste education programs.
2692	(b)(2)  Up to 4.5 percent shall be used for Funding
2693	research and training programs relating to solid waste
2694	management through the Center for Solid and Hazardous Waste
2695	Management and other organizations which can reasonably
2696	demonstrate the capability to carry out such projects.
2697	(c)(3)  Up to 11 percent shall be used for Funding to
2698	supplement any other funds provided to the Department of
2699	Agriculture and Consumer Services for mosquito control. This
2700	distribution shall be annually transferred to the General
2701	Inspection Trust Fund in the Department of Agriculture and
2702	Consumer Services to be used for mosquito control, especially
2703	control of West Nile Virus.
2704	(d)(4)  Up to 4.5 percent shall be used for Funding to the
2705	Department of Transportation for litter prevention and control
2706	programs coordinated by Keep Florida Beautiful, Inc.
2707	(e)(5)  A minimum of 40 percent shall be used for Funding a
2708	competitive and innovative grant program pursuant to s. 403.7095
2709	for activities relating to recycling and reducing the volume of
2710	municipal solid waste, including waste tires requiring final
2711	disposal.
2712	(2)(6)  The department shall recover to the use of the fund
2713	from the site owner or the person responsible for the
2714	accumulation of tires at the site, jointly and severally, all
2715	sums expended from the fund pursuant to this section to manage
2716	tires at an illegal waste tire site, except that the department
2717	may decline to pursue such recovery if it finds the amount
2718	involved too small or the likelihood of recovery too uncertain.
2719	If a court determines that the owner is unable or unwilling to
2720	comply with the rules adopted pursuant to this section or s.
2721	403.717, the court may authorize the department to take
2722	possession and control of the waste tire site in order to
2723	protect the health, safety, and welfare of the community and the
2724	environment.
2725	(3)(7)  The department may impose a lien on the real
2726	property on which the waste tire site is located and the waste
2727	tires equal to the estimated cost to bring the tire site into
2728	compliance, including attorney's fees and court costs. Any owner
2729	whose property has such a lien imposed may release her or his
2730	property from any lien claimed under this subsection by filing
2731	with the clerk of the circuit court a cash or surety bond,
2732	payable to the department in the amount of the estimated cost of
2733	bringing the tire site into compliance with department rules,
2734	including attorney's fees and court costs, or the value of the
2735	property after the abatement action is complete, whichever is
2736	less. No lien provided by this subsection shall continue for a
2737	period longer than 4 years after the completion of the abatement
2738	action unless within that time an action to enforce the lien is
2739	commenced in a court of competent jurisdiction. The department
2740	may take action to enforce the lien in the same manner used for
2741	construction liens under part I of chapter 713.
2742	(4)(8)  This section does not limit the use of other
2743	remedies available to the department.
2744	Section 28.  Subsection (5) of section 403.7095, Florida
2745	Statutes, is amended to read:
2746	403.7095  Solid waste management grant program.--
2747	(5)  From the funds made available pursuant to s.
2748	403.709(1)(e) s. 403.709(5) for the grant program created by
2749	this section, the following distributions shall be made:
2750	(a)  Up to 15 percent for the program described in
2751	subsection (1);
2752	(b)  Up to 35 percent for the program described in
2753	subsection (3); and
2754	(c)  Up to 50 percent for the program described in
2755	subsection (4).
2756	Section 29.  Section 403.7125, Florida Statutes, is amended
2757	to read:
2758	403.7125  Financial assurance for closure Landfill
2759	management escrow account.--
2760	(1)  As used in this section:
2761	(a)  "Landfill" means any solid waste land disposal area
2762	for which a permit, other than a general permit, is required by
2763	s. 403.707 that receives solid waste for disposal in or upon
2764	land other than a land-spreading site, injection well, or a
2765	surface impoundment.
2766	(b)  "Closure" means the ceasing operation of a landfill
2767	and securing such landfill so that it does not pose a
2768	significant threat to public health or the environment and
2769	includes long-term monitoring and maintenance of a landfill.
2770	(c)  "Owner or operator" means, in addition to the usual
2771	meanings of the term, any owner of record of any interest in
2772	land whereon a landfill is or has been located and any person or
2773	corporation which owns a majority interest in any other
2774	corporation which is the owner or operator of a landfill.
2775	(1)(2)  Every owner or operator of a landfill is jointly
2776	and severally liable for the improper operation and closure of
2777	the landfill, as provided by law. As used in this section, the
2778	term "owner or operator" means any owner of record of any
2779	interest in land wherein a landfill is or has been located and
2780	any person or corporation that owns a majority interest in any
2781	other corporation that is the owner or operator of a landfill.
2782	(2)(3)  The owner or operator of a landfill owned or
2783	operated by a local or state government or the Federal
2784	Government shall establish a fee, or a surcharge on existing
2785	fees or other appropriate revenue-producing mechanism, to ensure
2786	the availability of financial resources for the proper closure
2787	of the landfill. However, the disposal of solid waste by persons
2788	on their own property, as described in s. 403.707(2), is exempt
2789	from the provisions of this section.
2790	(a)  The revenue-producing mechanism must produce revenue
2791	at a rate sufficient to generate funds to meet state and federal
2792	landfill closure requirements.
2793	(b)  The revenue shall be deposited in an interest-bearing
2794	escrow account to be held and administered by the owner or
2795	operator. The owner or operator shall file with the department
2796	an annual audit of the account. The audit shall be conducted by
2797	an independent certified public accountant. Failure to collect
2798	or report such revenue, except as allowed in subsection (3) (4),
2799	is a noncriminal violation punishable by a fine of not more than
2800	$5,000 for each offense. The owner or operator may make
2801	expenditures from the account and its accumulated interest only
2802	for the purpose of landfill closure and, if such expenditures do
2803	not deplete the fund to the detriment of eventual closure, for
2804	planning and construction of resource recovery or landfill
2805	facilities. Any moneys remaining in the account after paying for
2806	proper and complete closure, as determined by the department,
2807	shall, if the owner or operator does not operate a landfill, be
2808	deposited by the owner or operator into the general fund or the
2809	appropriate solid waste fund of the local government of
2810	jurisdiction.
2811	(c)  The revenue generated under this subsection and any
2812	accumulated interest thereon may be applied to the payment of,
2813	or pledged as security for, the payment of revenue bonds issued
2814	in whole or in part for the purpose of complying with state and
2815	federal landfill closure requirements. Such application or
2816	pledge may be made directly in the proceedings authorizing such
2817	bonds or in an agreement with an insurer of bonds to assure such
2818	insurer of additional security therefor.
2819	(d)  The provisions of s. 212.055 that relate to raising of
2820	revenues for landfill closure or long-term maintenance do not
2821	relieve a landfill owner or operator from the obligations of
2822	this section.
2823	(e)  The owner or operator of any landfill that had
2824	established an escrow account in accordance with this section
2825	and the conditions of its permit prior to January 1, 2006, may
2826	continue to use that escrow account to provide financial
2827	assurance for closure of that landfill, even if that landfill is
2828	not owned or operated by a local or state government or the
2829	Federal Government.
2830	(3)(4)  An owner or operator of a landfill owned or
2831	operated by a local or state government or by the Federal
2832	Government may provide financial assurance to establish proof of
2833	financial responsibility with the department in lieu of the
2834	requirements of subsection (2) (3). An owner or operator of any
2835	other landfill, or any other solid waste management facility
2836	designated by department rule, shall provide financial assurance
2837	to the department for the closure of the facility. Such
2838	financial assurance proof may include surety bonds, certificates
2839	of deposit, securities, letters of credit, or other documents
2840	showing that the owner or operator has sufficient financial
2841	resources to cover, at a minimum, the costs of complying with
2842	applicable landfill closure requirements. The owner or operator
2843	shall estimate such costs to the satisfaction of the department.
2844	(4)(5)  This section does not repeal, limit, or abrogate
2845	any other law authorizing local governments to fix, levy, or
2846	charge rates, fees, or charges for the purpose of complying with
2847	state and federal landfill closure requirements.
2848	(5)(6)  The department shall adopt rules to implement this
2849	section.
2850	Section 30.  Section 403.716, Florida Statutes, is amended
2851	to read:
2852	403.716  Training of operators of solid waste management
2853	and other facilities.--
2854	(1)  The department shall establish qualifications for, and
2855	encourage the development of training programs for, operators of
2856	landfills, coordinators of local recycling programs, operators
2857	of waste-to-energy facilities, biomedical waste incinerators,
2858	and mobile soil thermal treatment units or facilities, and
2859	operators of other solid waste management facilities.
2860	(2)  The department shall work with accredited community
2861	colleges, career centers, state universities, and private
2862	institutions in developing educational materials, courses of
2863	study, and other such information to be made available for
2864	persons seeking to be trained as operators of solid waste
2865	management facilities.
2866	(3)  A person may not perform the duties of an operator of
2867	a landfill, or perform the duties of an operator of a waste-to-
2868	energy facility, biomedical waste incinerator, or mobile soil
2869	thermal treatment unit or facility, unless she or he has
2870	completed an operator training course approved by the department
2871	or she or he has qualified as an interim operator in compliance
2872	with requirements established by the department by rule. An
2873	owner of a landfill, waste-to-energy facility, biomedical waste
2874	incinerator, or mobile soil thermal treatment unit or facility
2875	may not employ any person to perform the duties of an operator
2876	unless such person has completed an approved landfill, waste-to-
2877	energy facility, biomedical waste incinerator, or mobile soil
2878	thermal treatment unit or facility operator training course, as
2879	appropriate, or has qualified as an interim operator in
2880	compliance with requirements established by the department by
2881	rule. The department may establish by rule operator training
2882	requirements for other solid waste management facilities and
2883	facility operators.
2884	(4)  The department has authority to adopt minimum
2885	standards and other rules pursuant to ss. 120.536(1) and 120.54
2886	to implement the provisions of this section. The department
2887	shall ensure the safe, healthy, and lawful operation of solid
2888	waste management facilities in this state. The department may
2889	establish by rule various classifications for operators to cover
2890	the need for differing levels of training required to operate
2891	various types of solid waste management facilities due to
2892	different operating requirements at such facilities.
2893	(5)  For purposes of this section, the term "operator"
2894	means any person, including the owner, who is principally
2895	engaged in, and is in charge of, the actual operation,
2896	supervision, and maintenance of a solid waste management
2897	facility and includes the person in charge of a shift or period
2898	of operation during any part of the day.
2899	Section 31.  Section 403.717, Florida Statutes, is amended
2900	to read:
2901	403.717  Waste tire and lead-acid battery requirements.--
2902	(1)  For purposes of this section and ss. 403.718 and
2903	403.7185:
2904	(a)  "Department" means the Department of Environmental
2905	Protection.
2906	(b)  "Motor vehicle" means an automobile, motorcycle,
2907	truck, trailer, semitrailer, truck tractor and semitrailer
2908	combination, or any other vehicle operated in this state, used
2909	to transport persons or property and propelled by power other
2910	than muscular power, but the term does not include traction
2911	engines, road rollers, such vehicles as run only upon a track,
2912	bicycles, mopeds, or farm tractors and trailers.
2913	(c)  "Tire" means a continuous solid or pneumatic rubber
2914	covering encircling the wheel of a motor vehicle.
2915	(d)  "Waste tire" means a tire that has been removed from a
2916	motor vehicle and has not been retreaded or regrooved. "Waste
2917	tire" includes, but is not limited to, used tires and processed
2918	tires. The term does not include solid rubber tires and tires
2919	that are inseparable from the rim.
2920	(e)  "Waste tire collection center" means a site where
2921	waste tires are collected from the public prior to being offered
2922	for recycling and where fewer than 1,500 tires are kept on the
2923	site on any given day.
2924	(f)  "Waste tire processing facility" means a site where
2925	equipment is used to treat waste tires mechanically, chemically,
2926	or thermally so that the resulting material is a marketable
2927	product or is suitable for proper disposal recapture reusable
2928	byproducts from waste tires or to cut, burn, or otherwise alter
2929	waste tires so that they are no longer whole. The term includes
2930	mobile waste tire processing equipment.
2931	(g)  "Waste tire site" means a site at which 1,500 or more
2932	waste tires are accumulated.
2933	(h)  "Lead-acid battery" means a those lead-acid battery
2934	batteries designed for use in motor vehicles, vessels, and
2935	aircraft, and includes such batteries when sold new as a
2936	component part of a motor vehicle, vessel, or aircraft, but not
2937	when sold to recycle components.
2938	(i)  "Indoor" means within a structure that which excludes
2939	rain and public access and would control air flows in the event
2940	of a fire.
2941	(j)  "Processed tire" means a tire that has been treated
2942	mechanically, chemically, or thermally so that the resulting
2943	material is a marketable product or is suitable for proper
2944	disposal.
2945	(k)  "Used tire" means a waste tire which has a minimum
2946	tread depth of 3/32 inch or greater and is suitable for use on a
2947	motor vehicle.
2948	(2)  The owner or operator of any waste tire site shall
2949	provide the department with information concerning the site's
2950	location, size, and the approximate number of waste tires that
2951	are accumulated at the site and shall initiate steps to comply
2952	with subsection (3).
2953	(3)(a)  A person may not maintain a waste tire site unless
2954	such site is:
2955	1.  An integral part of the person's permitted waste tire
2956	processing facility; or
2957	2.  Used for the storage of waste tires prior to processing
2958	and is located at a permitted solid waste management facility.
2959	(b)  It is unlawful for any person to dispose of waste
2960	tires or processed tires in the state except at a permitted
2961	solid waste management facility. Collection or storage of waste
2962	tires at a permitted waste tire processing facility or waste
2963	tire collection center prior to processing or use does not
2964	constitute disposal, provided that the collection and storage
2965	complies with rules established by the department.
2966	(c)  Whole waste tires may not be deposited in a landfill
2967	as a method of ultimate disposal.
2968	(d)  A person may not contract with a waste tire collector
2969	for the transportation, disposal, or processing of waste tires
2970	unless the collector is registered with the department or exempt
2971	from requirements provided under this section. Any person who
2972	contracts with a waste tire collector for the transportation of
2973	more than 25 waste tires per month from a single business
2974	location must maintain records for that location and make them
2975	available for review by the department or by law enforcement
2976	officers, which records must contain the date when the tires
2977	were transported, the quantity of tires, the registration number
2978	of the collector, and the name of the driver.
2979	(4)  The department shall adopt rules to carry out the
2980	provisions of this section and s. 403.718. Such rules shall:
2981	(a)  Provide for the administration or revocation of waste
2982	tire processing facility permits, including mobile processor
2983	permits;
2984	(b)  Provide for the administration or revocation of waste
2985	tire collector registrations, the fees for which may not exceed
2986	$50 per vehicle registered annually;
2987	(c)  Provide for the administration or revocation of waste
2988	tire collection center permits, the fee for which may not exceed
2989	$250 annually;
2990	(d)  Set standards, including financial assurance
2991	standards, for waste tire processing facilities and associated
2992	waste tire sites, waste tire collection centers, waste tire
2993	collectors, and for the storage of waste tires and processed
2994	tires, including storage indoors;
2995	(e)  The department may by rule exempt not-for-hire waste
2996	tire collectors and processing facilities from financial
2997	assurance requirements;
2998	(f)  Authorize the final disposal of waste tires at a
2999	permitted solid waste disposal facility provided the tires have
3000	been cut into sufficiently small parts to assure their proper
3001	disposal; and
3002	(g)  Allow waste tire material which has been cut into
3003	sufficiently small parts to be used as daily cover material for
3004	a landfill.
3005	(5)  A permit is not required for tire storage at:
3006	(a)  A tire retreading business where fewer than 1,500
3007	waste tires are kept on the business premises;
3008	(b)  A business that, in the ordinary course of business,
3009	removes tires from motor vehicles if fewer than 1,500 of these
3010	tires are kept on the business premises; or
3011	(c)  A retail tire-selling business which is serving as a
3012	waste tire collection center if fewer than 1,500 waste tires are
3013	kept on the business premises.
3014	(5)(6)(a)  The department shall encourage the voluntary
3015	establishment of waste tire collection centers at retail tire-
3016	selling businesses, waste tire processing facilities, and solid
3017	waste disposal facilities, to be open to the public for the
3018	deposit of waste tires.
3019	(b)  The department is authorized to establish an
3020	incentives program for individuals to encourage them to return
3021	their waste tires to a waste tire collection center. The
3022	incentives used by the department may involve the use of
3023	discount or prize coupons, prize drawings, promotional
3024	giveaways, or other activities the department determines will
3025	promote collection, reuse, volume reduction, and proper disposal
3026	of waste tires.
3027	(c)  The department may contract with a promotion company
3028	to administer the incentives program.
3029	Section 32.  Section 403.7221, Florida Statutes, is
3030	transferred, renumbered as section 403.70715, Florida Statutes,
3031	and amended to read:
3032	403.70715 403.7221  Research, development, and
3033	demonstration permits.--
3034	(1)  The department may issue a research, development, and
3035	demonstration permit to the owner or operator of any solid waste
3036	management facility, including any hazardous waste management
3037	facility, who proposes to utilize an innovative and experimental
3038	solid waste treatment technology or process for which permit
3039	standards have not been promulgated. Permits shall:
3040	(a)  Provide for construction and operation of the facility
3041	for not longer than 3 years 1 year, renewable no more than 3
3042	times.
3043	(b)  Provide for the receipt and treatment by the facility
3044	of only those types and quantities of solid waste which the
3045	department deems necessary for purposes of determining the
3046	performance capabilities of the technology or process and the
3047	effects of such technology or process on human health and the
3048	environment.
3049	(c)  Include requirements the department deems necessary
3050	which may include monitoring, operation, testing, financial
3051	responsibility, closure, and remedial action.
3052	(2)  The department may apply the criteria set forth in
3053	this section in establishing the conditions of each permit
3054	without separate establishment of rules implementing such
3055	criteria.
3056	(3)  For the purpose of expediting review and issuance of
3057	permits under this section, the department may, consistent with
3058	the protection of human health and the environment, modify or
3059	waive permit application and permit issuance requirements,
3060	except that there shall be no modification or waiver of
3061	regulations regarding financial responsibility or of procedures
3062	established regarding public participation.
3063	(4)  The department may order an immediate termination of
3064	all operations at the facility at any time upon a determination
3065	that termination is necessary to protect human health and the
3066	environment.
3067	Section 33.  Subsection (2) of section 403.201, Florida
3068	Statutes, is amended to read:
3069	403.201  Variances.--
3070	(2)  No variance shall be granted from any provision or
3071	requirement concerning discharges of waste into waters of the
3072	state or hazardous waste management which would result in the
3073	provision or requirement being less stringent than a comparable
3074	federal provision or requirement, except as provided in s.
3075	403.70715 s. 403.7221.
3076	Section 34.  Section 403.722, Florida Statutes, is amended
3077	to read:
3078	403.722  Permits; hazardous waste disposal, storage, and
3079	treatment facilities.--
3080	(1)  Each person who intends to or is required to
3081	construct, modify, operate, or close a hazardous waste disposal,
3082	storage, or treatment facility shall obtain a construction
3083	permit, operation permit, postclosure permit, clean closure plan
3084	approval, or corrective action permit from the department prior
3085	to constructing, modifying, operating, or closing the facility.
3086	By rule, the department may provide for the issuance of a single
3087	permit instead of any two or more hazardous waste facility
3088	permits.
3089	(2)  Any owner or operator of a hazardous waste facility in
3090	operation on the effective date of the department rule listing
3091	and identifying hazardous wastes shall file an application for a
3092	temporary operation permit within 6 months after the effective
3093	date of such rule. The department, upon receipt of a properly
3094	completed application, shall identify any department rules which
3095	are being violated by the facility and shall establish a
3096	compliance schedule. However, if the department determines that
3097	an imminent hazard exists, the department may take any necessary
3098	action pursuant to s. 403.726 to abate the hazard. The
3099	department shall issue a temporary operation permit to such
3100	facility within the time constraints of s. 120.60 upon
3101	submission of a properly completed application which is in
3102	conformance with this subsection. Temporary operation permits
3103	for such facilities shall be issued for up to 3 years only. Upon
3104	termination of the temporary operation permit and upon proper
3105	application by the facility owner or operator, the department
3106	shall issue an operation permit for such existing facilities if
3107	the applicant has corrected all of the deficiencies identified
3108	in the temporary operation permit and is in compliance with all
3109	other rules adopted pursuant to this act.
3110	(3)  Permit Applicants shall provide any information that
3111	which will enable the department to determine that the proposed
3112	construction, modification, operation, or closure, or corrective
3113	action will comply with this act and any applicable rules. In no
3114	instance shall any person construct, modify, operate, or close a
3115	facility or perform corrective actions at a facility in
3116	contravention of the standards, requirements, or criteria for a
3117	hazardous waste facility. Authorizations Permits issued under
3118	this section may include any permit conditions necessary to
3119	achieve compliance with applicable hazardous waste rules and
3120	necessary to protect human health and the environment.
3121	(4)  The department may require, in an a permit
3122	application, submission of information concerning matters
3123	specified in s. 403.721(6) as well as information respecting:
3124	(a)  Estimates of the composition, quantity, and
3125	concentration of any hazardous waste identified or listed under
3126	this act or combinations of any such waste and any other solid
3127	waste, proposed to be disposed of, treated, transported, or
3128	stored and the time, frequency, or rate at which such waste is
3129	proposed to be disposed of, treated, transported, or stored; and
3130	(b)  The site to which such hazardous waste or the products
3131	of treatment of such hazardous waste will be transported and at
3132	which it will be disposed of, treated, or stored.
3133	(5)  An authorization A permit issued pursuant to this
3134	section is not a vested right. The department may revoke or
3135	modify any such authorization permit.
3136	(a)  Authorizations Permits may be revoked for failure of
3137	the holder to comply with the provisions of this act, the terms
3138	of the authorization permit, the standards, requirements, or
3139	criteria adopted pursuant to this act, or an order of the
3140	department; for refusal by the holder to allow lawful
3141	inspection; for submission by the holder of false or inaccurate
3142	information in the permit application; or if necessary to
3143	protect the public health or the environment.
3144	(b)  Authorizations Permits may be modified, upon request
3145	of the holder permittee, if such modification is not in
3146	violation of this act or department rules or if the department
3147	finds the modification necessary to enable the facility to
3148	remain in compliance with this act and department rules.
3149	(c)  An owner or operator of a hazardous waste facility in
3150	existence on the effective date of a department rule changing an
3151	exemption or listing and identifying the hazardous wastes that
3152	which require that facility to be permitted who notifies the
3153	department pursuant to s. 403.72, and who has applied for a
3154	permit pursuant to subsection (2), may continue to operate until
3155	be issued a temporary operation permit. If such owner or
3156	operator intends to or is required to discontinue operation, the
3157	temporary operation permit must include final closure
3158	conditions.
3159	(6)  A hazardous waste facility permit issued pursuant to
3160	this section shall satisfy the permit requirements of s.
3161	403.707(1). The permit exemptions provided in s. 403.707(2)
3162	shall not apply to hazardous waste.
3163	(7)  The department may establish permit application
3164	procedures for hazardous waste facilities, which procedures may
3165	vary based on differences in amounts, types, and concentrations
3166	of hazardous waste and on differences in the size and location
3167	of facilities and which procedures may take into account
3168	permitting procedures of other laws not in conflict with this
3169	act.
3170	(8)  For authorizations permits required by this section,
3171	the department may require that a fee be paid and may establish,
3172	by rule, a fee schedule based on the degree of hazard and the
3173	amount and type of hazardous waste disposed of, stored, or
3174	treated at the facility.
3175	(9)  It shall not be a requirement for the issuance of such
3176	a hazardous waste authorization permit that the facility
3177	complies with an adopted local government comprehensive plan,
3178	local land use ordinances, zoning ordinances or regulations, or
3179	other local ordinances. However, such an authorization a permit
3180	issued by the department shall not override adopted local
3181	government comprehensive plans, local land use ordinances,
3182	zoning ordinances or regulations, or other local ordinances.
3183	(10)  Notwithstanding ss. 120.60(1) and 403.815:
3184	(a)  The time specified by law for permit review shall be
3185	tolled by the request of the department for publication of
3186	notice of proposed agency action to issue a permit for a
3187	hazardous waste treatment, storage, or disposal facility and
3188	shall resume 45 days after receipt by the department of proof of
3189	publication. If, within 45 days after publication of the notice
3190	of the proposed agency action, the department receives written
3191	notice of opposition to the intention of the agency to issue
3192	such permit and receives a request for a hearing, the department
3193	shall provide for a hearing pursuant to ss. 120.569 and 120.57,
3194	if requested by a substantially affected party, or an informal
3195	public meeting, if requested by any other person. The failure to
3196	request a hearing within 45 days after publication of the notice
3197	of the proposed agency action constitutes a waiver of the right
3198	to a hearing under ss. 120.569 and 120.57. The permit review
3199	time period shall continue to be tolled until the completion of
3200	such hearing or meeting and shall resume within 15 days after
3201	conclusion of a public hearing held on the application or within
3202	45 days after the recommended order is submitted to the agency
3203	and the parties, whichever is later.
3204	(b)  Within 60 days after receipt of an application for a
3205	hazardous waste facility permit, the department shall examine
3206	the application, notify the applicant of any apparent errors or
3207	omissions, and request any additional information the department
3208	is permitted by law to require. The failure to correct an error
3209	or omission or to supply additional information shall not be
3210	grounds for denial of the permit unless the department timely
3211	notified the applicant within the 60-day period, except that
3212	this paragraph does not prevent the department from denying an
3213	application if the department does not possess sufficient
3214	information to ensure that the facility is in compliance with
3215	applicable statutes and rules.
3216	(c)  The department shall approve or deny each hazardous
3217	waste facility permit within 135 days after receipt of the
3218	original application or after receipt of the requested
3219	additional information or correction of errors or omissions.
3220	However, the failure of the department to approve or deny within
3221	the 135-day time period does not result in the automatic
3222	approval or denial of the permit and does not prevent the
3223	inclusion of specific permit conditions which are necessary to
3224	ensure compliance with applicable statutes and rules. If the
3225	department fails to approve or deny the permit within the 135-
3226	day period, the applicant may petition for a writ of mandamus to
3227	compel the department to act consistently with applicable
3228	regulatory requirements.
3229	(11)  Hazardous waste facility operation permits shall be
3230	issued for no more than 5 years.
3231	(12)  On the same day of filing with the department of an
3232	application for a permit for the construction modification, or
3233	operation of a hazardous waste facility, the applicant shall
3234	notify each city and county within 1 mile of the facility of the
3235	filing of the application and shall publish notice of the filing
3236	of the application. The applicant shall publish a second notice
3237	of the filing within 14 days after the date of filing. Each
3238	notice shall be published in a newspaper of general circulation
3239	in the county in which the facility is located or is proposed to
3240	be located. Notwithstanding the provisions of chapter 50, for
3241	purposes of this section, a "newspaper of general circulation"
3242	shall be the newspaper within the county in which the
3243	installation or facility is proposed which has the largest daily
3244	circulation in that county and has its principal office in that
3245	county. If the newspaper with the largest daily circulation has
3246	its principal office outside the county, the notice shall appear
3247	in both the newspaper with the largest daily circulation in that
3248	county, and a newspaper authorized to publish legal notices in
3249	that county. The notice shall contain:
3250	(a)  The name of the applicant and a brief description of
3251	the project and its location.
3252	(b)  The location of the application file and when it is
3253	available for public inspection.
3254
3255	The notice shall be prepared by the applicant and shall comply
3256	with the following format:
3257
3258	Notice of Application
3259
3260	The Department of Environmental Protection announces receipt of
3261	an application for a permit from (name of applicant) to (brief
3262	description of project). This proposed project will be located
3263	at (location) in (county) (city).
3264
3265	This application is being processed and is available for public
3266	inspection during normal business hours, 8:00 a.m. to 5:00 p.m.,
3267	Monday through Friday, except legal holidays, at (name and
3268	address of office).
3269
3270	(13)  A permit for the construction, modification, or
3271	operation of a hazardous waste facility which initially was
3272	issued under authority of this section, may not be transferred
3273	by the permittee to any other entity, except in conformity with
3274	the requirements of this subsection.
3275	(a)  At least 30 days prior to the sale or legal transfer
3276	of a permitted facility, the permittee shall file with the
3277	department an application for transfer of the permits on such
3278	form as the department shall establish by rule. The form must be
3279	completed with the notarized signatures of both the transferring
3280	permittee and the proposed permittee.
3281	(b)  The department shall approve the transfer of a permit
3282	unless it determines that the proposed permittee has not
3283	provided reasonable assurances that the proposed permittee has
3284	the administrative, technical, and financial capability to
3285	properly satisfy the requirements and conditions of the permit,
3286	as determined by department rule. The determination shall be
3287	limited solely to the ability of the proposed permittee to
3288	comply with the conditions of the existing permit, and it shall
3289	not concern the adequacy of the permit conditions. If the
3290	department proposes to deny the transfer, it shall provide both
3291	the transferring permittee and the proposed permittee a written
3292	objection to such transfer together with notice of a right to
3293	request a proceeding on such determination under chapter 120.
3294	(c)  Within 90 days after receiving a properly completed
3295	application for transfer of permit, the department shall issue a
3296	final determination. The department may toll the time for making
3297	a determination on the transfer by notifying both the
3298	transferring permittee and the proposed permittee that
3299	additional information is required to adequately review the
3300	transfer request. Such notification shall be served within 30
3301	days after receipt of an application for transfer of permit,
3302	completed pursuant to paragraph (a). However, the failure of the
3303	department to approve or deny within the 90-day time period does
3304	not result in the automatic approval or denial of the transfer.
3305	If the department fails to approve or deny the transfer within
3306	the 90-day period, the applicant may petition for a writ of
3307	mandamus to compel the department to act consistently with
3308	applicable regulatory requirements.
3309	(d)  The transferring permittee is encouraged to apply for
3310	a permit transfer well in advance of the sale or legal transfer
3311	of a permitted facility. However, the transfer or the permit
3312	shall not be effective prior to the sale or legal transfer of
3313	the facility.
3314	(e)  Until the transfer of the permit is approved by the
3315	department, the transferring permittee and any other person
3316	constructing, operating, or maintaining the permitted facility
3317	shall be liable for compliance with the terms of the permit.
3318	Nothing in this section shall relieve the transferring permittee
3319	of liability for corrective actions that may be required as a
3320	result of any violations occurring prior to the legal transfer
3321	of the permit.
3322	Section 35.  Subsection (2) of section 403.7226, Florida
3323	Statutes, is amended to read:
3324	403.7226  Technical assistance by the department.--The
3325	department shall:
3326	(2)  Identify short-term needs and long-term needs for
3327	hazardous waste management for the state on the basis of the
3328	information gathered through the local hazardous waste
3329	management assessments and other information from state and
3330	federal regulatory agencies and sources. The state needs
3331	assessment must be ongoing and must be updated when new data
3332	concerning waste generation and waste management technologies
3333	become available. The department shall annually send a copy of
3334	this assessment to the Governor and to the Legislature.
3335	Section 36.  Subsection (3) of section 403.724, Florida
3336	Statutes, is amended to read:
3337	403.724  Financial responsibility.--
3338	(3)  The amount of financial responsibility required shall
3339	be approved by the department upon each issuance, renewal, or
3340	modification of a hazardous waste facility authorization permit.
3341	Such factors as inflation rates and changes in operation may be
3342	considered when approving financial responsibility for the
3343	duration of the authorization permit. The Office of Insurance
3344	Regulation of the Department of Financial Services Commission
3345	shall be available to assist the department in making this
3346	determination. In approving or modifying the amount of financial
3347	responsibility, the department shall consider:
3348	(a)  The amount and type of hazardous waste involved;
3349	(b)  The probable damage to human health and the
3350	environment;
3351	(c)  The danger and probable damage to private and public
3352	property near the facility;
3353	(d)  The probable time that the hazardous waste and
3354	facility involved will endanger the public health, safety, and
3355	welfare or the environment; and
3356	(e)  The probable costs of properly closing the facility
3357	and performing corrective action.
3358	Section 37.  Section 403.7255, Florida Statutes, is amended
3359	to read:
3360	403.7255  Placement of signs Department to adopt rules.--
3361	(1)  The department shall adopt rules which establish
3362	requirements and procedures for the placement of Signs must be
3363	placed by the owner or operator at sites which may have been
3364	contaminated by hazardous wastes. Sites shall include any site
3365	in the state which that is listed or proposed for listing on the
3366	Superfund Site List of the United States Environmental
3367	Protection Agency or any site identified by the department as a
3368	suspected or confirmed contaminated site contaminated by
3369	hazardous waste where there is may be a risk of exposure to the
3370	public. The requirements of this section shall not apply to
3371	sites reported under ss. 376.3071 and 376.3072. The department
3372	shall establish requirements and procedures for the placement of
3373	signs, and may do so in rules, permits, orders, or other
3374	authorizations. The authorization rules shall establish the
3375	appropriate size for such signs, which size shall be no smaller
3376	than 2 feet by 2 feet, and shall provide in clearly legible
3377	print appropriate warning language for the waste or other
3378	materials at the site and a telephone number which may be called
3379	for further information.
3380	(2)  Violations of this act are punishable as provided in
3381	s. 403.161(4).
3382	(3)  The provisions of this act are independent of and
3383	cumulative to any other requirements and remedies in this
3384	chapter or chapter 376, or any rules promulgated thereunder.
3385	Section 38.  Subsection (5) of section 403.726, Florida
3386	Statutes, is amended to read:
3387	403.726  Abatement of imminent hazard caused by hazardous
3388	substance.--
3389	(5)  The department may issue a permit or order requiring
3390	prompt abatement of an imminent hazard.
3391	Section 39.  Subsection (8) of section 403.7265, Florida
3392	Statutes, is amended to read:
3393	403.7265  Local hazardous waste collection program.--
3394	(8)  The department has the authority to establish an
3395	additional local project grant program enabling a local
3396	hazardous waste collection center grantee to receive funding for
3397	unique projects that improve the collection and lower the
3398	incidence of improper management of conditionally exempt or
3399	household hazardous waste. Eligible local governments may
3400	receive up to $50,000 in grant funds for these unique and
3401	innovative projects, provided they match 25 percent of the grant
3402	amount. If the department finds that the project has statewide
3403	applicability and immediate benefits to other local hazardous
3404	waste collection programs in the state, matching funds are not
3405	required. This grant will not count toward the $100,000 maximum
3406	grant amount for development of a collection center.
3407	Section 40.  Section 403.885, Florida Statutes, is amended
3408	to read:
3409	403.885  Stormwater management; wastewater management; and
3410	Water Restoration Water Projects Grant Program.--
3411	(1)  The Department of Environmental Protection shall
3412	administer a grant program to use funds transferred pursuant to
3413	s. 212.20 to the Ecosystem Management and Restoration Trust Fund
3414	or other moneys as appropriated by the Legislature for
3415	stormwater management, wastewater management, and water
3416	restoration and other water projects as specifically
3417	appropriated by the Legislature project grants. Eligible
3418	recipients of such grants include counties, municipalities,
3419	water management districts, and special districts that have
3420	legal responsibilities for water quality improvement, storm
3421	water management, wastewater management, and lake and river
3422	water restoration projects., and drinking water projects are not
3423	eligible for funding pursuant to this section.
3424	(2)  The grant program shall provide for the evaluation of
3425	annual grant proposals. The department shall evaluate such
3426	proposals to determine if they:
3427	(a)  Protect public health and the environment.
3428	(b)  Implement plans developed pursuant to the Surface
3429	Water Improvement and Management Act created in part IV of
3430	chapter 373, other water restoration plans required by law,
3431	management plans prepared pursuant to s. 403.067, or other plans
3432	adopted by local government for water quality improvement and
3433	water restoration.
3434	(3)  In addition to meeting the criteria in subsection (2),
3435	annual grant proposals must also meet the following
3436	requirements:
3437	(a)  An application for a stormwater management project may
3438	be funded only if the application is approved by the water
3439	management district with jurisdiction in the project area.
3440	District approval must be based on a determination that the
3441	project provides a benefit to a priority water body.
3442	(b)  Except as provided in paragraph (c), an application
3443	for a wastewater management project may be funded only if:
3444	1.  The project has been funded previously through a line
3445	item in the General Appropriations Act; and
3446	2.  The project is under construction.
3447	(c)  An application for a wastewater management project
3448	that would qualify as a water pollution control project and
3449	activity in s. 403.1838 may be funded only if the project
3450	sponsor has submitted an application to the department for
3451	funding pursuant to that section.
3452	(4)  All project applicants must provide local matching
3453	funds as follows:
3454	(a)  An applicant for state funding of a stormwater
3455	management project shall provide local matching funds equal to
3456	at least 50 percent of the total cost of the project; and
3457	(b)  An applicant for state funding of a wastewater
3458	management project shall provide matching funds equal to at
3459	least 25 percent of the total cost of the project.
3460
3461	The requirement for matching funds may be waived if the
3462	applicant is a financially disadvantaged small local government
3463	as defined in subsection (5).
3464	(5)  Each fiscal year, at least 20 percent of the funds
3465	available pursuant to this section shall be used for projects to
3466	assist financially disadvantaged small local governments. For
3467	purposes of this section, the term "financially disadvantaged
3468	small local government" means a municipality having a population
3469	of 7,500 or less, a county having a population of 35,000 or
3470	less, according to the latest decennial census and a per capita
3471	annual income less than the state per capita annual income as
3472	determined by the United States Department of Commerce, or a
3473	county in an area designated by the Governor as a rural area of
3474	critical economic concern pursuant to s. 288.0656. Grants made
3475	to these eligible local governments shall not require matching
3476	local funds.
3477	(6)  Each year, stormwater management and wastewater
3478	management projects submitted for funding through the
3479	legislative process shall be submitted to the department by the
3480	appropriate fiscal committees of the House of Representatives
3481	and the Senate. The department shall review the projects and
3482	must provide each fiscal committee with a list of projects that
3483	appear to meet the eligibility requirements under this grant
3484	program.
3485	Section 41.  Paragraph (e) of subsection (3) of section
3486	373.1961, Florida Statutes, is amended to read:
3487	373.1961  Water production; general powers and duties;
3488	identification of needs; funding criteria; economic incentives;
3489	reuse funding.--
3490	(3)  FUNDING.--
3491	(e)  Applicants for projects that may receive funding
3492	assistance pursuant to the Water Protection and Sustainability
3493	Program shall, at a minimum, be required to pay 60 percent of
3494	the project's construction costs. The water management districts
3495	may, at their discretion, totally or partially waive this
3496	requirement for projects sponsored by financially disadvantaged
3497	small local governments as defined in s. 403.885(4). The water
3498	management districts or basin boards may, at their discretion,
3499	use ad valorem or federal revenues to assist a project applicant
3500	in meeting the requirements of this paragraph.
3501	Section 42.  Paragraph (b) of subsection (1) of section
3502	206.606, Florida Statutes, is amended to read:
3503	206.606  Distribution of certain proceeds.--
3504	(1)  Moneys collected pursuant to ss. 206.41(1)(g) and
3505	206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
3506	Fund. Such moneys, after deducting the service charges imposed
3507	by s. 215.20, the refunds granted pursuant to s. 206.41, and the
3508	administrative costs incurred by the department in collecting,
3509	administering, enforcing, and distributing the tax, which
3510	administrative costs may not exceed 2 percent of collections,
3511	shall be distributed monthly to the State Transportation Trust
3512	Fund, except that:
3513	(b)  $2.5 million shall be transferred to the State Game
3514	Trust Fund in the Fish and Wildlife Conservation Commission in
3515	each fiscal year and used for recreational boating activities,
3516	and freshwater fisheries management and research. The transfers
3517	must be made in equal monthly amounts beginning on July 1 of
3518	each fiscal year. The commission shall annually determine where
3519	unmet needs exist for boating-related activities, and may fund
3520	such activities in counties where, due to the number of vessel
3521	registrations, sufficient financial resources are unavailable.
3522	1.  A minimum of $1.25 million shall be used to fund local
3523	projects to provide recreational channel marking and other
3524	uniform waterway markers, public boat ramps, lifts, and hoists,
3525	marine railways, and other public launching facilities, derelict
3526	vessel removal aquatic plant control, and other local boating
3527	related activities. In funding the projects, the commission
3528	shall give priority consideration as follows:
3529	a.  Unmet needs in counties with populations of 100,000 or
3530	less.
3531	b.  Unmet needs in coastal counties with a high level of
3532	boating related activities from individuals residing in other
3533	counties.
3534	2.  The remaining $1.25 million may be used for
3535	recreational boating activities and freshwater fisheries
3536	management and research.
3537	3.  The commission is authorized to adopt rules pursuant to
3538	ss. 120.536(1) and 120.54 to implement a Florida Boating
3539	Improvement Program similar to the program administered by the
3540	Department of Environmental Protection and established in rules
3541	62D-5.031 - 62D-5.036, Florida Administrative Code, to determine
3542	projects eligible for funding under this subsection.
3543
3544	On February 1 of each year, the commission shall file an annual
3545	report with the President of the Senate and the Speaker of the
3546	House of Representatives outlining the status of its Florida
3547	Boating Improvement Program, including the projects funded, and
3548	a list of counties whose needs are unmet due to insufficient
3549	financial resources from vessel registration fees.
3550	Section 43.  Section 327.59, Florida Statutes, is amended
3551	to read:
3552	327.59  Marina evacuations.--
3553	(1)  After June 1, 1994, marinas may not adopt, maintain,
3554	or enforce policies pertaining to evacuation of vessels which
3555	require vessels to be removed from marinas following the
3556	issuance of a hurricane watch or warning, in order to ensure
3557	that protecting the lives and safety of vessel owners is placed
3558	before interests of protecting property.
3559	(2)  Nothing in this section may be construed to restrict
3560	the ability of an owner of a vessel or the owner's authorized
3561	representative to remove a vessel voluntarily from a marina at
3562	any time or to restrict a marina owner from dictating the kind
3563	of cleats, ropes, fenders, and other measures that must be used
3564	on vessels as a condition of use of a marina. After a tropical
3565	storm or hurricane watch has been issued, a marina owner or
3566	operator, or an employee or agent of such owner or operator, may
3567	take reasonable actions to further secure any vessel within the
3568	marina to minimize damage to a vessel and to protect marina
3569	property, private property, and the environment and may charge a
3570	reasonable fee for such services.
3571	(3)  Notwithstanding any other provisions of this section,
3572	in order to minimize damage to a vessel and to protect marina
3573	property, private property, and the environment, a marina owner
3574	may provide by contract that in the event a vessel owner fails
3575	to promptly remove a vessel from a marina after a tropical storm
3576	or hurricane watch has been issued, the marina owner, operator,
3577	employee, or agent may remove the vessel, if reasonable, from
3578	its slip or take whatever reasonable actions are deemed
3579	necessary to properly secure a vessel to minimize damage to a
3580	vessel and to protect marina property, private property, and the
3581	environment and may charge the vessel owner a reasonable fee for
3582	any such services rendered. In order to add such a provision to
3583	a contract, the marina owner must provide notice to the vessel
3584	owner in any such contract in a font size of at least 10 points
3585	and in substantially the following form:
3586
3587	NOTICE TO VESSEL OWNER
3588
3589	The undersigned hereby informs you that in the event you fail to
3590	remove your vessel from the marina promptly (timeframe to be
3591	determined between the marina owner or operator and the vessel
3592	owner) after the issuance of a tropical storm or hurricane watch
3593	for (insert geographic area), Florida, under Florida law, the
3594	undersigned or his or her employees or agents are authorized to
3595	remove your vessel, if reasonable, from its slip or take any and
3596	all other reasonable actions deemed appropriate by the
3597	undersigned or his or her employees or agents in order to better
3598	secure your vessel and to protect marina property, private
3599	property, and the environment. You are further notified that you
3600	may be charged a reasonable fee for any such action.
3601	(4)  A marina owner, operator, employee, or agent shall not
3602	be held liable for any damage incurred to a vessel from storms
3603	or hurricanes and is held harmless as a result of such actions.
3604	Nothing in this section may be construed to provide immunity to
3605	a marina operator, employee, or agent for any damage caused by
3606	intentional acts or negligence when removing or securing a
3607	vessel as permitted under this section.
3608	Section 44.  Subsection (2) of section 327.60, Florida
3609	Statutes, is amended to read:
3610	327.60  Local regulations; limitations.--
3611	(2)  Nothing contained in the provisions of this section
3612	shall be construed to prohibit local governmental authorities
3613	from the enactment or enforcement of regulations which prohibit
3614	or restrict the mooring or anchoring of floating structures or
3615	live-aboard vessels within their jurisdictions or of any vessels
3616	within the marked boundaries of mooring fields permitted as
3617	provided in s. 327.40. However, local governmental authorities
3618	are prohibited from regulating the anchoring outside of such
3619	mooring fields anchorage of non-live-aboard vessels engaged in
3620	the exercise of rights of navigation.
3621	Section 45.  Section 328.64, Florida Statutes, is amended
3622	to read:
3623	328.64  Change of interest and address.--
3624	(1)  The owner shall furnish the Department of Highway
3625	Safety and Motor Vehicles notice of the transfer of all or any
3626	part of his or her interest in a vessel registered or titled in
3627	this state pursuant to this chapter or chapter 328 or of the
3628	destruction or abandonment of such vessel, within 30 days
3629	thereof, on a form prescribed by the department. Such transfer,
3630	destruction, or abandonment shall terminate the certificate for
3631	such vessel, except that in the case of a transfer of a part
3632	interest which does not affect the owner's right to operate such
3633	vessel, such transfer shall not terminate the certificate. The
3634	department shall provide the form for such notice and shall
3635	attach the form to every vessel title issued or reissued.
3636	(2)  Any holder of a certificate of registration shall
3637	notify the Department of Highway Safety and Motor Vehicles or
3638	the county tax collector within 30 days, if his or her address
3639	no longer conforms to the address appearing on the certificate
3640	and shall, as a part of such notification, furnish the
3641	department or such county tax collector with the new address.
3642	The department shall may provide in its rules and regulations
3643	for the surrender of the certificate bearing the former address
3644	and its replacement with a certificate bearing the new address
3645	or for the alteration of an outstanding certificate to show the
3646	new address of the holder.
3647	Section 46.  Subsection (15) of section 328.72, Florida
3648	Statutes, is amended to read:
3649	328.72  Classification; registration; fees and charges;
3650	surcharge; disposition of fees; fines; marine turtle stickers.--
3651	(15)  DISTRIBUTION OF FEES.--Except for the first $2, $1 of
3652	which shall be remitted to the state for deposit into the Save
3653	the Manatee Trust Fund created within the Fish and Wildlife
3654	Conservation Commission and $1 of which shall be remitted to the
3655	state for deposit into the Marine Resources Conservation Trust
3656	Fund to fund a grant program for public launching facilities,
3657	pursuant to s. 206.606 327.47, giving priority consideration to
3658	counties with more than 35,000 registered vessels, moneys
3659	designated for the use of the counties, as specified in
3660	subsection (1), shall be distributed by the tax collector to the
3661	board of county commissioners for use only as provided in this
3662	section. Such moneys to be returned to the counties are for the
3663	sole purposes of providing recreational channel marking and
3664	other uniform waterway markers, public boat ramps, lifts, and
3665	hoists, marine railways, and other public launching facilities,
3666	derelict vessel removal, and other boating-related activities,
3667	for removal of vessels and floating structures deemed a hazard
3668	to public safety and health for failure to comply with s.
3669	327.53, and for manatee and marine mammal protection and
3670	recovery. Counties shall that demonstrate through an annual
3671	detailed accounting report of vessel registration revenues that
3672	at least $1 of the registration fees were spent as provided in
3673	this subsection on boating infrastructure shall only be required
3674	to transfer the first $1 of the fees to the Save the Manatee
3675	Trust Fund. This report shall be provided to the Fish and
3676	Wildlife Conservation Commission no later than November 1 of
3677	each year. If, prior to January 1 of each calendar year, the
3678	annual detailed accounting report meeting the prescribed
3679	criteria has still not been provided to the commission, the tax
3680	collector of that county shall not distribute the moneys
3681	designated for the use of counties, as specified in subsection
3682	(1), to the board of county commissioners but shall, instead,
3683	for the next calendar year, remit such moneys to the state for
3684	deposit into the Marine Resources Conservation Trust Fund. The
3685	commission shall return those moneys to the county if the county
3686	fully complies with this section within that calendar year. If
3687	the county does not fully comply with this section within that
3688	calendar year, the moneys shall remain within the Marine
3689	Resources Trust Fund and may be appropriated for the purposes
3690	specified in this subsection The commission shall provide an
3691	exemption letter to the department by December 15 of each year
3692	for qualifying counties.
3693	Section 47.  Paragraph (g) of subsection (4) of section
3694	376.11, Florida Statutes, is amended to read:
3695	376.11  Florida Coastal Protection Trust Fund.--
3696	(4)  Moneys in the Florida Coastal Protection Trust Fund
3697	shall be disbursed for the following purposes and no others:
3698	(g)  The funding of a grant program to coastal local
3699	governments, pursuant to s. 376.15(2)(b) and (c), for the
3700	removal of derelict vessels from the public waters of the state.
3701	Section 48.  Section 376.15, Florida Statutes, is amended
3702	to read:
3703	376.15  Derelict vessels; removal from public waters.--
3704	(1)  It is unlawful for any person, firm, or corporation to
3705	store, leave, or abandon any derelict vessel as defined in s.
3706	823.11(1) in this state or leave any vessel in a wrecked,
3707	junked, or substantially dismantled condition or abandoned upon
3708	any public waters or at any port in this state without the
3709	consent of the agency having jurisdiction thereof or docked at
3710	any private property without the consent of the owner of the
3711	private property.
3712	(2)(a)  The Fish and Wildlife Conservation Commission and
3713	its officers and all law enforcement officers as specified in s.
3714	327.70 are is hereby designated as the agency of the state
3715	authorized and empowered to remove any derelict vessel as
3716	defined in s. 823.11(1) described in subsection (1) from public
3717	waters. All costs incurred by the commission or other law
3718	enforcement agency in the removal of any abandoned or derelict
3719	vessel shall be recoverable against the owner of the vessel. The
3720	Department of Legal Affairs shall represent the commission in
3721	such actions.
3722	(b)  The commission may establish a program to provide
3723	grants to coastal local governments for the removal of derelict
3724	vessels from the public waters of the state. The program shall
3725	be funded from the Florida Coastal Protection Trust Fund.
3726	Notwithstanding the provisions in s. 216.181(11), funds
3727	available for grants may only be authorized by appropriations
3728	acts of the Legislature.
3729	(c)  The commission shall adopt by rule procedures for
3730	submitting a grant application and criteria for allocating
3731	available funds. Such criteria shall include, but not be limited
3732	to, the following:
3733	1.  The number of derelict vessels within the jurisdiction
3734	of the applicant.
3735	2.  The threat posed by such vessels to public health or
3736	safety, the environment, navigation, or the aesthetic condition
3737	of the general vicinity.
3738	3.  The degree of commitment of the local government to
3739	maintain waters free of abandoned and derelict vessels and to
3740	seek legal action against those who abandon vessels in the
3741	waters of the state.
3742	(d)  This section shall constitute the authority of the
3743	commission for such removal, but is not intended to be in
3744	contravention of any applicable federal act.
3745	(e)  The Department of Legal Affairs shall represent the
3746	Fish and Wildlife Conservation Commission in such actions.
3747	Section 49.  Paragraph (s) of subsection (2) of section
3748	403.813, Florida Statutes, is amended to read:
3749	403.813  Permits issued at district centers; exceptions.--
3750	(2)  A permit is not required under this chapter, chapter
3751	373, chapter 61-691, Laws of Florida, or chapter 25214 or
3752	chapter 25270, 1949, Laws of Florida, for activities associated
3753	with the following types of projects; however, except as
3754	otherwise provided in this subsection, nothing in this
3755	subsection relieves an applicant from any requirement to obtain
3756	permission to use or occupy lands owned by the Board of Trustees
3757	of the Internal Improvement Trust Fund or any water management
3758	district in its governmental or proprietary capacity or from
3759	complying with applicable local pollution control programs
3760	authorized under this chapter or other requirements of county
3761	and municipal governments:
3762	(s)  The construction, installation, operation, or
3763	maintenance of floating vessel platforms or floating boat lifts,
3764	provided that such structures:
3765	1.  Float at all times in the water for the sole purpose of
3766	supporting a vessel so that the vessel is out of the water when
3767	not in use;
3768	2.  Are wholly contained within a boat slip previously
3769	permitted under ss. 403.91-403.929, 1984 Supplement to the
3770	Florida Statutes 1983, as amended, or part IV of chapter 373, or
3771	do not exceed a combined total of 500 square feet, or 200 square
3772	feet in an Outstanding Florida Water, when associated with a
3773	dock that is exempt under this subsection or associated with a
3774	permitted dock with no defined boat slip or attached to a
3775	bulkhead on a parcel of land where there is no other docking
3776	structure, do not exceed a combined total of 500 square feet, or
3777	200 square feet in an Outstanding Florida Water;
3778	3.  Are not used for any commercial purpose or for mooring
3779	vessels that remain in the water when not in use, and do not
3780	substantially impede the flow of water, create a navigational
3781	hazard, or unreasonably infringe upon the riparian rights of
3782	adjacent property owners, as defined in s. 253.141;
3783	4.  Are constructed and used so as to minimize adverse
3784	impacts to submerged lands, wetlands, shellfish areas, aquatic
3785	plant and animal species, and other biological communities,
3786	including locating such structures in areas where no seagrasses
3787	are least dense exist if such areas are present adjacent to the
3788	dock or bulkhead; and
3789	5.  Are not constructed in areas specifically prohibited
3790	for boat mooring under conditions of a permit issued in
3791	accordance with ss. 403.91-403.929, 1984 Supplement to the
3792	Florida Statutes 1983, as amended, or part IV of chapter 373, or
3793	other form of authorization issued by a local government.
3794
3795	Structures that qualify for this exemption are relieved from any
3796	requirement to obtain permission to use or occupy lands owned by
3797	the Board of Trustees of the Internal Improvement Trust Fund
3798	and, with the exception of those structures attached to a
3799	bulkhead on a parcel of land where there is no docking
3800	structure, shall not be subject to any more stringent permitting
3801	requirements, registration requirements, or other regulation by
3802	any local government. Local governments may require either
3803	permitting or one-time registration of floating vessel platforms
3804	to be attached to a bulkhead on a parcel of land where there is
3805	no other docking structure as necessary to ensure compliance
3806	with local ordinances, codes, or regulations. Local governments
3807	may require either permitting or one-time registration of all
3808	other floating vessel platforms as necessary to ensure
3809	compliance with the exemption criteria in this section; to
3810	ensure compliance with local ordinances, codes, or regulations
3811	relating to building or zoning, which are no more stringent than
3812	the exemption criteria in this section or address subjects other
3813	than subjects addressed by the exemption criteria in this
3814	section; and to ensure proper installation, maintenance, and
3815	precautionary or evacuation action following a tropical storm or
3816	hurricane watch of a floating vessel platform or floating boat
3817	lift that is proposed to be attached to a bulkhead or parcel of
3818	land where there is no other docking structure. The exemption
3819	provided in this paragraph shall be in addition to the exemption
3820	provided in paragraph (b). By January 1, 2003, The department
3821	shall adopt a general permit by rule for the construction,
3822	installation, operation, or maintenance of those floating vessel
3823	platforms or floating boat lifts that do not qualify for the
3824	exemption provided in this paragraph but do not cause
3825	significant adverse impacts to occur individually or
3826	cumulatively. The issuance of such general permit shall also
3827	constitute permission to use or occupy lands owned by the Board
3828	of Trustees of the Internal Improvement Trust Fund. Upon the
3829	adoption of the rule creating such general permit, No local
3830	government shall impose a more stringent regulation, permitting
3831	requirement, registration requirement, or other regulation
3832	covered by such general permit. Local governments may require
3833	either permitting or one-time registration of floating vessel
3834	platforms as necessary to ensure compliance with the general
3835	permit in this section; to ensure compliance with local
3836	ordinances, codes, or regulations relating to building or zoning
3837	that are no more stringent than the general permit in this
3838	section; and to ensure proper installation and maintenance of a
3839	floating vessel platform or floating boat lift that is proposed
3840	to be attached to a bulkhead or parcel of land where there is no
3841	other docking structure on floating vessel platforms or floating
3842	boat lifts covered by such general permit.
3843	Section 50.  Subsection (3) of section 705.101, Florida
3844	Statutes, is amended to read:
3845	705.101  Definitions.--As used in this chapter:
3846	(3)  "Abandoned property" means all tangible personal
3847	property that does not have an identifiable owner and that has
3848	been disposed on public property in a wrecked, inoperative, or
3849	partially dismantled condition or has no apparent intrinsic
3850	value to the rightful owner. The term includes derelict vessels
3851	as defined in s. 823.11(1) Vessels determined to be derelict by
3852	the Fish and Wildlife Conservation Commission or a county or
3853	municipality in accordance with the provisions of s. 823.11 are
3854	included within this definition.
3855	Section 51.  Subsection (4) of section 705.103, Florida
3856	Statutes, is amended to read:
3857	705.103  Procedure for abandoned or lost property.--
3858	(4)  The owner of any abandoned or lost property who, after
3859	notice as provided in this section, does not remove such
3860	property within the specified period shall be liable to the law
3861	enforcement agency for all costs of removal, storage, and
3862	destruction of such property, less any salvage value obtained by
3863	disposal of the property. Upon final disposition of the
3864	property, the law enforcement officer shall notify the owner, if
3865	known, of the amount owed. In the case of an abandoned vessel
3866	boat or motor vehicle, any person who neglects or refuses to pay
3867	such amount is not entitled to be issued a certificate of
3868	registration for such vessel boat or motor vehicle, or any other
3869	vessel boat or motor vehicle, until such costs have been paid.
3870	The law enforcement officer shall supply the Department of
3871	Highway Safety and Motor Vehicles with a list of persons whose
3872	vessel boat registration privileges or whose motor vehicle
3873	privileges have been revoked under this subsection. Neither the
3874	department nor any other person acting as agent thereof shall
3875	issue a certificate of registration to a person whose vessel
3876	boat or motor vehicle registration privileges have been revoked,
3877	as provided by this subsection, until such costs have been paid.
3878	Section 52.  Section 823.11, Florida Statutes, is amended
3879	to read:
3880	823.11  Abandoned and derelict vessels; removal; penalty.--
3881	(1)  "Derelict vessel" means any vessel, as defined in s.
3882	327.02, that is left, stored, or abandoned:
3883	(a)  In a wrecked, junked, or substantially dismantled
3884	condition upon any public waters of this state.
3885	(b)  At any port in this state without the consent of the
3886	agency having jurisdiction thereof.
3887	(c)  Docked or grounded at or beached upon the property of
3888	another without the consent of the owner of the property.
3889	(2)  It is unlawful for any person, firm, or corporation to
3890	store, leave, or abandon any derelict vessel as defined in this
3891	section in this state or leave any vessel as defined by maritime
3892	law in a wrecked, junked, or substantially dismantled condition
3893	or abandoned upon or in any public water or at any port in this
3894	state without the consent of the agency having jurisdiction
3895	thereof, or docked at any private property without the consent
3896	of the owner of such property.
3897	(3)(a)(2)  The Fish and Wildlife Conservation Commission
3898	and its officers and all law enforcement officers as specified
3899	in s. 327.70 are is designated as the agency of the state
3900	authorized and empowered to remove or cause to be removed any
3901	abandoned or derelict vessel from public waters in any instance
3902	when the same obstructs or threatens to obstruct navigation or
3903	in any way constitutes a danger to the environment. Removal of
3904	vessels pursuant to this section may be funded by grants
3905	provided in ss. 206.606 and 376.15. The Fish and Wildlife
3906	Conservation Commission is directed to implement a plan for the
3907	procurement of any available federal disaster funds and to use
3908	such funds for the removal of derelict vessels. All costs
3909	incurred by the commission or other law enforcement agency in
3910	the removal of any abandoned or derelict vessel as set out above
3911	shall be recoverable against the owner thereof. The Department
3912	of Legal Affairs shall represent the commission in such actions.
3913	As provided in s. 705.103(4), any person who neglects or refuses
3914	to pay such amount is not entitled to be issued a certificate of
3915	registration for such vessel or for any other vessel or motor
3916	vehicle until the costs have been paid.
3917	(b)  When a derelict vessel is docked or grounded at or
3918	beached upon private property without the consent of the owner
3919	of the property, the owner of the property may remove the vessel
3920	at the vessel owner's expense 60 days after compliance with the
3921	notice requirements specified in s. 328.17(5). The private
3922	property owner may not hinder reasonable efforts by the vessel
3923	owner or agent to remove the vessel. Any notice given pursuant
3924	to this paragraph shall be presumed delivered when it is
3925	deposited with the United States Postal Service, certified, and
3926	properly addressed with prepaid postage. Pursuant to an
3927	agreement with the governing body of a county or municipality,
3928	and upon a finding by the commission that the county or
3929	municipality is competent to undertake said responsibilities,
3930	the commission may delegate to the county or municipality its
3931	authority to remove or cause to be removed an abandoned or
3932	derelict vessel from public waters within the county or
3933	municipality.
3934	(4)(3)  Any person, firm, or corporation violating this act
3935	commits is guilty of a misdemeanor of the first degree and shall
3936	be punished as provided by law. Conviction under this section
3937	shall not bar the assessment and collection of the civil penalty
3938	provided in s. 376.16 for violation of s. 376.15. The court
3939	having jurisdiction over the criminal offense, notwithstanding
3940	any jurisdictional limitations on the amount in controversy, may
3941	order the imposition of such civil penalty in addition to any
3942	sentence imposed for the first criminal offense.
3943	Section 53.  For upland properties bordering on navigable
3944	waters, notwithstanding any other provision of Florida Statutes,
3945	rules, or local ordinances, riparian rights shall include the
3946	right to moor a vessel of a length that is less than the width
3947	of the property, provided the dock runs adjacent and parallel to
3948	a seawall, does not interfere with navigation as defined by
3949	International Navigational Rules Act of 1977 (Public Law 95-75,
3950	91 Stat. 308, or 33 U.S.C. 1601-1608), or the Inland Navigation
3951	Rules Act of 1980 (Public Law 96-591, 94 Stat. 3415, 33 U.S.C.
3952	2001-2038), the vessel is registered in the name of the owner of
3953	the upland property, the owner of the upland property has
3954	designated the property homestead pursuant to s. 222.01, Florida
3955	Statutes, and provided no dredging or alteration of the
3956	submerged land is needed to accommodate the vessel.
3957	Section 54.  Section 893.02, Florida Statutes, is amended
3958	to read:
3959	893.02  Definitions.--The following words and phrases as
3960	used in this chapter shall have the following meanings, unless
3961	the context otherwise requires:
3962	(1)  "Administer" means the direct application of a
3963	controlled substance, whether by injection, inhalation,
3964	ingestion, or any other means, to the body of a person or
3965	animal.
3966	(2)  "Analog" or "chemical analog" means a structural
3967	derivative of a parent compound that is a controlled substance.
3968	(3)  "Cannabis" means all parts of any plant of the genus
3969	Cannabis, whether growing or not; the seeds thereof; the resin
3970	extracted from any part of the plant; and every compound,
3971	manufacture, salt, derivative, mixture, or preparation of the
3972	plant or its seeds or resin.
3973	(4)  "Clandestine laboratory" means any location and
3974	proximate areas set aside or used that are likely to be
3975	contaminated as a result of manufacturing, processing, cooking,
3976	disposing, or storing, either temporarily or permanently, any
3977	substances in violation of this chapter, except as such
3978	activities are authorized in chapter 499.
3979	(5)  "Contaminated" or "contamination" means containing
3980	levels of chemicals at or above the levels defined by the
3981	department pursuant to s. 893.123(1) as a result of clandestine
3982	laboratory activity.
3983	(6)  "Contamination assessment specialist" or
3984	"contamination assessor" means a person responsible for
3985	assessing the extent of contamination and decontamination by
3986	determining the indoor air quality in a residential property
3987	based on the standards defined by the department. Upon the
3988	conclusion of decontamination, a residential property must
3989	successfully test less than or equal to the values defined by
3990	the department. The person must have specialized training that
3991	provides him or her with the knowledge, skills, and abilities to
3992	use quantitative measurement techniques in collecting and
3993	assessing specified contamination levels that have the ability
3994	to impair human health and well-being.
3995	(7)(4)  "Controlled substance" means any substance named or
3996	described in Schedules I-V of s. 893.03. Laws controlling the
3997	manufacture, distribution, preparation, dispensing, or
3998	administration of such substances are drug abuse laws.
3999	(8)  "Decontamination" means the process of reducing the
4000	levels of contaminants to the levels defined by the department
4001	pursuant to s. 893.123(1) that allow human reoccupancy using
4002	currently available methods and processes.
4003	(9)  "Decontamination specialist" means a person
4004	responsible for the cleanup, treatment, repair, removal, and
4005	decontamination of contaminated materials located in a
4006	residential property where clandestine laboratory activities
4007	occurred. The person must have the knowledge, skills, and
4008	ability to prescribe methods to eliminate, control, or reduce
4009	contamination; and must have been trained in the removal,
4010	storage, transport, and disposal of hazardous chemicals or
4011	chemical residues commonly associated with clandestine
4012	laboratory activities.
4013	(10)(5)  "Deliver" or "delivery" means the actual,
4014	constructive, or attempted transfer from one person to another
4015	of a controlled substance, whether or not there is an agency
4016	relationship.
4017	(11)(9)  "Department" means the Department of Health.
4018	(12)(6)  "Dispense" means the transfer of possession of one
4019	or more doses of a medicinal drug by a pharmacist or other
4020	licensed practitioner to the ultimate consumer thereof or to one
4021	who represents that it is his or her intention not to consume or
4022	use the same but to transfer the same to the ultimate consumer
4023	or user for consumption by the ultimate consumer or user.
4024	(13)(7)  "Distribute" means to deliver, other than by
4025	administering or dispensing, a controlled substance.
4026	(14)(8)  "Distributor" means a person who distributes.
4027	(15)(10)  "Hospital" means an institution for the care and
4028	treatment of the sick and injured, licensed pursuant to the
4029	provisions of chapter 395 or owned or operated by the state or
4030	Federal Government.
4031	(16)(11)  "Laboratory" means a laboratory approved by the
4032	Drug Enforcement Administration as proper to be entrusted with
4033	the custody of controlled substances for scientific, medical, or
4034	instructional purposes or to aid law enforcement officers and
4035	prosecuting attorneys in the enforcement of this chapter.
4036	(17)(12)  "Listed chemical" means any precursor chemical or
4037	essential chemical named or described in s. 893.033.
4038	(18)(13)(a)  "Manufacture" means the production,
4039	preparation, propagation, compounding, cultivating, growing,
4040	conversion, or processing of a controlled substance, either
4041	directly or indirectly, by extraction from substances of natural
4042	origin, or independently by means of chemical synthesis, or by a
4043	combination of extraction and chemical synthesis, and includes
4044	any packaging of the substance or labeling or relabeling of its
4045	container, except that this term does not include the
4046	preparation, compounding, packaging, or labeling of a controlled
4047	substance by:
4048	1.  A practitioner or pharmacist as an incident to his or
4049	her administering or delivering of a controlled substance in the
4050	course of his or her professional practice.
4051	2.  A practitioner, or by his or her authorized agent under
4052	the practitioner's supervision, for the purpose of, or as an
4053	incident to, research, teaching, or chemical analysis, and not
4054	for sale.
4055	(b)  "Manufacturer" means and includes every person who
4056	prepares, derives, produces, compounds, or repackages any drug
4057	as defined by the Florida Drug and Cosmetic Act. However, this
4058	definition does not apply to manufacturers of patent or
4059	proprietary preparations as defined in the Florida Pharmacy Act.
4060	Pharmacies, and pharmacists employed thereby, are specifically
4061	excluded from this definition.
4062	(19)(14)  "Mixture" means any physical combination of two
4063	or more substances.
4064	(20)(15)  "Patient" means an individual to whom a
4065	controlled substance is lawfully dispensed or administered
4066	pursuant to the provisions of this chapter.
4067	(21)(16)  "Pharmacist" means a person who is licensed
4068	pursuant to chapter 465 to practice the profession of pharmacy
4069	in this state.
4070	(22)(17)  "Possession" includes temporary possession for
4071	the purpose of verification or testing, irrespective of dominion
4072	or control.
4073	(23)(18)  "Potential for abuse" means that a substance has
4074	properties of a central nervous system stimulant or depressant
4075	or an hallucinogen that create a substantial likelihood of its
4076	being:
4077	(a)  Used in amounts that create a hazard to the user's
4078	health or the safety of the community;
4079	(b)  Diverted from legal channels and distributed through
4080	illegal channels; or
4081	(c)  Taken on the user's own initiative rather than on the
4082	basis of professional medical advice.
4083
4084	Proof of potential for abuse can be based upon a showing that
4085	these activities are already taking place, or upon a showing
4086	that the nature and properties of the substance make it
4087	reasonable to assume that there is a substantial likelihood that
4088	such activities will take place, in other than isolated or
4089	occasional instances.
4090	(24)(19)  "Practitioner" means a physician licensed
4091	pursuant to chapter 458, a dentist licensed pursuant to chapter
4092	466, a veterinarian licensed pursuant to chapter 474, an
4093	osteopathic physician licensed pursuant to chapter 459, a
4094	naturopath licensed pursuant to chapter 462, or a podiatric
4095	physician licensed pursuant to chapter 461, provided such
4096	practitioner holds a valid federal controlled substance registry
4097	number.
4098	(25)(20)  "Prescription" means and includes an order for
4099	drugs or medicinal supplies written, signed, or transmitted by
4100	word of mouth, telephone, telegram, or other means of
4101	communication by a duly licensed practitioner licensed by the
4102	laws of the state to prescribe such drugs or medicinal supplies,
4103	issued in good faith and in the course of professional practice,
4104	intended to be filled, compounded, or dispensed by another
4105	person licensed by the laws of the state to do so, and meeting
4106	the requirements of s. 893.04. The term also includes an order
4107	for drugs or medicinal supplies so transmitted or written by a
4108	physician, dentist, veterinarian, or other practitioner licensed
4109	to practice in a state other than Florida, but only if the
4110	pharmacist called upon to fill such an order determines, in the
4111	exercise of his or her professional judgment, that the order was
4112	issued pursuant to a valid patient-physician relationship, that
4113	it is authentic, and that the drugs or medicinal supplies so
4114	ordered are considered necessary for the continuation of
4115	treatment of a chronic or recurrent illness. However, if the
4116	physician writing the prescription is not known to the
4117	pharmacist, the pharmacist shall obtain proof to a reasonable
4118	certainty of the validity of said prescription. A prescription
4119	order for a controlled substance shall not be issued on the same
4120	prescription blank with another prescription order for a
4121	controlled substance which is named or described in a different
4122	schedule, nor shall any prescription order for a controlled
4123	substance be issued on the same prescription blank as a
4124	prescription order for a medicinal drug, as defined in s.
4125	465.031(5), which does not fall within the definition of a
4126	controlled substance as defined in this act.
4127	(26)  "Residential property" means a dwelling unit used, or
4128	intended for use, by an individual or individuals as a permanent
4129	residence. The term includes improved real property of between
4130	one and four dwellings; a condominium unit, as defined in s.
4131	718.103(27); a cooperative unit, as defined in s. 719.103(24);
4132	or a mobile home or manufactured home, as defined in s.
4133	320.01(2). The term does not include a hotel, motel, campground,
4134	marina, or timeshare unit.
4135	(27)(21)  "Wholesaler" means any person who acts as a
4136	jobber, wholesale merchant, or broker, or an agent thereof, who
4137	sells or distributes for resale any drug as defined by the
4138	Florida Drug and Cosmetic Act. However, this definition does not
4139	apply to persons who sell only patent or proprietary
4140	preparations as defined in the Florida Pharmacy Act. Pharmacies,
4141	and pharmacists employed thereby, are specifically excluded from
4142	this definition.
4143	Section 55.  Section 893.121, Florida Statutes, is created
4144	to read:
4145	893.121  Quarantine of a clandestine laboratory.--
4146	(1)  The purpose of the quarantine provided for in this
4147	section is to prevent exposure of any person to the hazards
4148	associated with clandestine laboratory activities and provide
4149	protection from unsafe conditions that pose a threat to the
4150	public health, safety, and welfare. The department has the
4151	authority to quarantine residential property under s. 381.0011.
4152	(2)  Whenever a sheriff, police officer, or other law
4153	enforcement entity secures evidence from a residential property
4154	in which illegal clandestine laboratory activities occurred, the
4155	department must quarantine the property. The local law
4156	enforcement entity securing evidence shall enforce a quarantine
4157	on the residential property as part of its duty to assist the
4158	department under s. 381.0012(5). Enforcement does not require
4159	the 24-hour posting of law enforcement personnel. The
4160	residential property shall remain quarantined until the
4161	department receives a certificate of fitness documenting that
4162	the property was decontaminated as defined by the department
4163	pursuant to s. 893.123 or demolished in accordance with s.
4164	893.122(1), or a court order is presented requiring the
4165	quarantine to be lifted.
4166	(3)  The department shall adopt rules pursuant to ss.
4167	120.536(1) and 120.54 to establish a uniform notice to post at
4168	the site of a quarantined clandestine laboratory and a uniform
4169	letter of notification of the quarantine to be sent to the
4170	residential property owner or manager. It is the responsibility
4171	of local law enforcement to post the notice of a quarantine on
4172	the residential property, and it is the responsibility of the
4173	department to mail the letter of notification. The material in
4174	the letter and notice shall include, but not be limited to:
4175	(a)  That the residential property has been quarantined and
4176	a clandestine laboratory was seized on or inside the residential
4177	property.
4178	(b)  The date of the quarantine.
4179	(c)  The name and contact telephone number of the law
4180	enforcement entity posting the quarantine.
4181	(d)  A statement specifying that hazardous substances,
4182	toxic chemicals, or other hazardous waste products may have been
4183	present and may remain on or inside the residential property and
4184	that exposure to the substances may be harmful and may pose a
4185	threat to public health and the environment.
4186	(e)  A statement that it is unlawful for an unauthorized
4187	person to enter the contaminated residential property and that
4188	the removal of any notice of the quarantine is a second degree
4189	misdemeanor under s. 381.0025(1).
4190	(f)  A statement, in the notification letter, explaining
4191	how to have the quarantine lifted.
4192	(4)  Upon securing evidence from a residential property in
4193	which illegal clandestine laboratory activities occurred, the
4194	local law enforcement entity shall immediately notify the local
4195	health officer and the department's Division of Environmental
4196	Health that a residential property is quarantined and shall
4197	provide the name and contact information of the law enforcement
4198	entity, the name of the residential property owner or
4199	residential property manager, and the address of the property.
4200	(5)  To the extent possible, the department shall mail the
4201	letter of notification to the residential property owner or the
4202	manager of the residential property within 5 working days from
4203	the date of quarantine notifying the owner or manager that a
4204	clandestine laboratory was found on the property and that the
4205	property has been quarantined. The department shall also include
4206	a list of contamination assessment specialists and
4207	decontamination specialists and any other information deemed
4208	appropriate by the department to the residential property owner
4209	or manager.
4210	(6)  Any person who has an interest in a residential
4211	property that is quarantined pursuant to this section may file a
4212	petition in the circuit court in which the residential property
4213	is located to request a court order that the quarantine of the
4214	residential property be lifted for one of the following reasons:
4215	(a)  The residential property was wrongfully quarantined;
4216	or
4217	(b)  The residential property has been properly
4218	decontaminated as defined by the department pursuant to s.
4219	893.123 or demolished pursuant to s. 893.122(1) and may be
4220	reoccupied for habitation, but the department refuses or fails
4221	to lift the quarantine.
4222	(7)  No person shall inhabit a quarantined residential
4223	property, offer the residential property to the public for
4224	temporary or indefinite habitation, or remove any notice of the
4225	quarantine. Any person who willfully violates a provision of
4226	this subsection commits a second degree misdemeanor under s.
4227	381.0025(1).
4228	Section 56.  Section 893.122, Florida Statutes, is created
4229	to read:
4230	893.122  Option of demolition; immunity from liability from
4231	health-based civil actions.--
4232	(1)  A residential property owner shall, upon notification
4233	from the department that clandestine laboratory activities have
4234	occurred in a property owned by that owner and that the property
4235	is quarantined, meet the decontamination standards as defined by
4236	the department pursuant to s. 893.123 unless the property owner,
4237	at the owner's discretion, elects to demolish the contaminated
4238	residential property. The demolition and removal of materials
4239	must meet the requirements of the Occupational Safety and Health
4240	Administration and the United States Environmental Protection
4241	Agency regulations pertaining to the generation, storage,
4242	transport, and disposal of hazardous wastes and any state or
4243	local requirements.
4244	(2)  A residential property owner who has met the
4245	decontamination standards, as evidenced by a certificate of
4246	fitness and a letter of reoccupancy pursuant to s.893.123, or
4247	has demolished the residential property in compliance with
4248	subsection (1), shall have immunity from health-based civil
4249	actions brought by any future owner, renter, or other person who
4250	occupies such residential property, or a neighbor of such
4251	residential property, in which the alleged cause of the injury
4252	or loss is the existence of the clandestine laboratory. However,
4253	a person with a conviction, as defined in s. 944.607, for the
4254	manufacture of any substance regulated under this chapter on the
4255	residential property where clandestine laboratory activities
4256	occurred shall not have the immunity provided in this
4257	subsection.
4258	Section 57.  Section 893.123, Florida Statutes, is created
4259	to read:
4260	893.123  Clandestine laboratory decontamination standards,
4261	certificate of fitness, and letter of reoccupancy.--
4262	(1)  The department shall adopt rules pursuant to ss.
4263	120.536(1) and 120.54 that establish:
4264	(a)  Standards for indoor air quality regarding levels of
4265	contaminants produced by clandestine laboratory activities to
4266	include methamphetamine, lead, mercury, and volatile organic
4267	compounds. These standards must be consistent with values
4268	commonly used by other states or comply with national standards.
4269	(b)  Standards for the cleanup and testing of clandestine
4270	laboratories.
4271	(c)  A certificate of fitness that shall act as appropriate
4272	documentation that a residential property has been
4273	decontaminated in accordance with specified standards. The
4274	certificate of fitness shall be submitted to the department by a
4275	contamination assessment specialist. The certificate of fitness
4276	shall include, but is not limited to:
4277	1.  The name of the residential property owner, the mailing
4278	and street address of the residential property owner, and, if
4279	applicable, the parcel identification of the residential
4280	property.
4281	2.  The dates the residential property was quarantined and
4282	cleanup was completed.
4283	3.  A summary of the indoor air quality test results,
4284	findings, and conclusions as determined by a contamination
4285	assessment specialist.
4286	4.  The name and address of the contamination assessment
4287	specialist.
4288	5.  The name and address of the decontamination specialist.
4289	6.  The method of repair, replacement, or decontamination
4290	of the residential property.
4291	(d)  A letter of reoccupancy that will notify the
4292	residential property owner that the property may be reoccupied
4293	for habitation.
4294	(2)  Upon receipt of the certificate of fitness, the
4295	department shall send a letter of reoccupancy to the residential
4296	property owner or manager and to the local law enforcement
4297	entity that enforced the quarantine and posted the notice. The
4298	letter of reoccupancy must include the address of the
4299	residential property, a statement that the quarantine is lifted,
4300	and a statement that the residential property may be reoccupied
4301	for habitation.
4302	(3)  In the case of demolition, the department shall lift
4303	the quarantine on a residential property upon receipt of a
4304	letter presented by a demolition company stating that the
4305	quarantined property was demolished. The letter must include the
4306	address of the residential property and a statement that the
4307	demolition was performed in accordance to the requirements in s.
4308	893.122(1).
4309	Section 58.  Section 893.124, Florida Statutes, is created
4310	to read:
4311	893.124  Decontamination and contamination assessment
4312	specialists.--
4313	(1)(a)  The department shall compile and maintain lists of
4314	decontamination and contamination assessment specialists. The
4315	lists shall be posted on the department's Internet website. The
4316	department shall indicate on the website whether the specialists
4317	are bonded and insured.
4318	(b)  Persons authorized to perform decontamination or
4319	contamination assessments must have knowledge and skill in the
4320	handling of toxic substances. The department shall adopt rules
4321	pursuant to ss. 120.536(1) and 120.54 specifying the
4322	requirements for persons authorized to perform decontamination
4323	and contamination assessments. Decontamination specialists shall
4324	be responsible for ensuring that all hazardous substances, toxic
4325	chemicals, or other hazardous waste products that may have been
4326	present are removed from the residential property and disposed
4327	of in accordance with federal, state, and local laws and
4328	regulations.
4329	(2)  In determining the level of contamination in a
4330	clandestine laboratory, the decontamination or contamination
4331	assessment specialist may request copies of any available law
4332	enforcement reports or information relating to the following:
4333	(a)  The length of time the residential property was used
4334	as a clandestine laboratory.
4335	(b)  The extent to which the residential property was
4336	exposed to chemicals used in clandestine laboratory activities.
4337	(c)  The chemical processes that were involved in the
4338	clandestine laboratory activities.
4339	(d)  The chemicals that were removed from the residential
4340	property.
4341	(e)  The location of the clandestine laboratory activities
4342	in relation to the habitable areas of the residential property.
4343	(3)  If the contamination assessment specialist determines
4344	that the residential property is not contaminated, the
4345	contamination assessment specialist shall prepare a certificate
4346	of fitness and submit the certificate to the department.
4347	Section 59.  Paragraph (s) of subsection (1) of section
4348	465.016, Florida Statutes, is amended to read:
4349	465.016  Disciplinary actions.--
4350	(1)  The following acts constitute grounds for denial of a
4351	license or disciplinary action, as specified in s. 456.072(2):
4352	(s)  Dispensing any medicinal drug based upon a
4353	communication that purports to be a prescription as defined by
4354	s. 465.003(14) or s. 893.02(20) when the pharmacist knows or has
4355	reason to believe that the purported prescription is not based
4356	upon a valid practitioner-patient relationship.
4357	Section 60.  Paragraph (e) of subsection (1) of section
4358	465.023, Florida Statutes, is amended to read:
4359	465.023  Pharmacy permittee; disciplinary action.--
4360	(1)  The department or the board may revoke or suspend the
4361	permit of any pharmacy permittee, and may fine, place on
4362	probation, or otherwise discipline any pharmacy permittee who
4363	has:
4364	(e)  Dispensed any medicinal drug based upon a
4365	communication that purports to be a prescription as defined by
4366	s. 465.003(14) or s. 893.02(20) when the pharmacist knows or has
4367	reason to believe that the purported prescription is not based
4368	upon a valid practitioner-patient relationship that includes a
4369	documented patient evaluation, including history and a physical
4370	examination adequate to establish the diagnosis for which any
4371	drug is prescribed and any other requirement established by
4372	board rule under chapter 458, chapter 459, chapter 461, chapter
4373	463, chapter 464, or chapter 466.
4374	Section 61.  Paragraph (c) of subsection (1) of section
4375	856.015, Florida Statutes, is amended to read:
4376	856.015  Open house parties.--
4377	(1)  Definitions.--As used in this section:
4378	(c)  "Drug" means a controlled substance, as that term is
4379	defined in ss. 893.02(4) and 893.03.
4380	Section 62.  Subsection (6) of section 893.135, Florida
4381	Statutes, is amended to read:
4382	893.135  Trafficking; mandatory sentences; suspension or
4383	reduction of sentences; conspiracy to engage in trafficking.--
4384	(6)  A mixture, as defined in s. 893.02(14), containing any
4385	controlled substance described in this section includes, but is
4386	not limited to, a solution or a dosage unit, including but not
4387	limited to, a pill or tablet, containing a controlled substance.
4388	For the purpose of clarifying legislative intent regarding the
4389	weighing of a mixture containing a controlled substance
4390	described in this section, the weight of the controlled
4391	substance is the total weight of the mixture, including the
4392	controlled substance and any other substance in the mixture. If
4393	there is more than one mixture containing the same controlled
4394	substance, the weight of the controlled substance is calculated
4395	by aggregating the total weight of each mixture.
4396	Section 63.  Paragraph (a) of subsection (1) of section
4397	944.47, Florida Statutes, is amended to read:
4398	944.47  Introduction, removal, or possession of certain
4399	articles unlawful; penalty.--
4400	(1)(a)  Except through regular channels as authorized by
4401	the officer in charge of the correctional institution, it is
4402	unlawful to introduce into or upon the grounds of any state
4403	correctional institution, or to take or attempt to take or send
4404	or attempt to send therefrom, any of the following articles
4405	which are hereby declared to be contraband for the purposes of
4406	this section, to wit:
4407	1.  Any written or recorded communication or any currency
4408	or coin given or transmitted, or intended to be given or
4409	transmitted, to any inmate of any state correctional
4410	institution.
4411	2.  Any article of food or clothing given or transmitted,
4412	or intended to be given or transmitted, to any inmate of any
4413	state correctional institution.
4414	3.  Any intoxicating beverage or beverage which causes or
4415	may cause an intoxicating effect.
4416	4.  Any controlled substance as defined in s. 893.02(4) or
4417	any prescription or nonprescription drug having a hypnotic,
4418	stimulating, or depressing effect.
4419	5.  Any firearm or weapon of any kind or any explosive
4420	substance.
4421	Section 64.  Subsection (1) of section 951.22, Florida
4422	Statutes, is amended to read:
4423	951.22  County detention facilities; contraband articles.--
4424	(1)  It is unlawful, except through regular channels as
4425	duly authorized by the sheriff or officer in charge, to
4426	introduce into or possess upon the grounds of any county
4427	detention facility as defined in s. 951.23 or to give to or
4428	receive from any inmate of any such facility wherever said
4429	inmate is located at the time or to take or to attempt to take
4430	or send therefrom any of the following articles which are hereby
4431	declared to be contraband for the purposes of this act, to wit:
4432	Any written or recorded communication; any currency or coin; any
4433	article of food or clothing; any tobacco products as defined in
4434	s. 210.25(11); any cigarette as defined in s. 210.01(1); any
4435	cigar; any intoxicating beverage or beverage which causes or may
4436	cause an intoxicating effect; any narcotic, hypnotic, or
4437	excitative drug or drug of any kind or nature, including nasal
4438	inhalators, sleeping pills, barbiturates, and controlled
4439	substances as defined in s. 893.02(4); any firearm or any
4440	instrumentality customarily used or which is intended to be used
4441	as a dangerous weapon; and any instrumentality of any nature
4442	that may be or is intended to be used as an aid in effecting or
4443	attempting to effect an escape from a county facility.
4444	Section 65.  Paragraph (a) of subsection (1) of section
4445	985.4046, Florida Statutes, is amended to read:
4446	985.4046  Introduction, removal, or possession of certain
4447	articles unlawful; penalty.--
4448	(1)(a)  Except as authorized through program policy or
4449	operating procedure or as authorized by the facility
4450	superintendent, program director, or manager, a person may not
4451	introduce into or upon the grounds of a juvenile detention
4452	facility or commitment program, or take or send, or attempt to
4453	take or send, from a juvenile detention facility or commitment
4454	program, any of the following articles, which are declared to be
4455	contraband under this section:
4456	1.  Any unauthorized article of food or clothing.
4457	2.  Any intoxicating beverage or any beverage that causes
4458	or may cause an intoxicating effect.
4459	3.  Any controlled substance, as defined in s. 893.02(4),
4460	or any prescription or nonprescription drug that has a hypnotic,
4461	stimulating, or depressing effect.
4462	4.  Any firearm or weapon of any kind or any explosive
4463	substance.
4464	Section 66.  Sections 403.7075, 403.756, 403.78, 403.781,
4465	403.782, 403.783, 403.784, 403.7841, 403.7842, 403.785, 403.786,
4466	403.787, 403.7871, 403.7872, 403.7873, 403.788, 403.7881,
4467	403.789, 403.7891, 403.7892, 403.7893, and 403.7895, Florida
4468	Statutes, are repealed.
4469	Section 67.  (1)(a)  The Department of Environmental
4470	Protection shall conduct a study to determine the various
4471	sources of nitrogen input into the Wekiva River and associated
4472	springs contributing water to the river. The Department of
4473	Environmental Protection shall prepare a report recommending
4474	actions to be taken by the Department of Environmental
4475	Protection and the St. Johns Water Management District that will
4476	provide the best use of economic resources to reduce nitrogen
4477	input into the river and associated springs. The Department of
4478	Environmental Protection shall submit a report to the Governor,
4479	the President of the Senate, and the Speaker of the House of
4480	Representatives no later than February 1, 2007.
4481	(b)  The Department of Health shall contract with an
4482	independent entity for a study to determine the sources of
4483	nitrogen input from onsite sewage treatment and disposal systems
4484	into the Wekiva River and associated springs. The study shall
4485	measure the concentration of nitrates in the soil 10 feet and 20
4486	feet below the drainfield of the onsite sewage treatment and
4487	disposal systems. The contract shall require the entity to
4488	submit a report to the Department of Health describing the
4489	locations of such sources and the nitrate amounts contributed by
4490	such sources and containing recommendations to reduce or
4491	eliminate nitrogen input from such sources. Rulemaking required
4492	by s. 369.318(2), Florida Statutes, shall be suspended until the
4493	completion of this study. The Department of Health shall submit
4494	a report to the Governor, the President of the Senate, and the
4495	Speaker of the House of Representatives no later than February
4496	1, 2007.
4497	(2)  The Department of Health shall develop rules for a
4498	model proposal for the operation and maintenance of onsite
4499	sewage treatment and disposal systems within the Wekiva Study
4500	Area or the Wekiva River Protection Area. At a minimum, the
4501	rules shall require each property owner in the Wekiva Study Area
4502	or the Wekiva River Protection Area that has an onsite sewage
4503	treatment and disposal system to pump out the system at least
4504	once every 5 years.
4505	(3)  The sum of $250,000 is appropriated from the General
4506	Revenue Fund to the Department of Environmental Protection for
4507	the 2006-2007 fiscal year to be used by the department to
4508	conduct the study required under paragraph (1)(a).
4509	(4)  The sum of $250,000 is appropriated from the General
4510	Revenue Fund to the Department of Health for the 2006-2007
4511	fiscal year to be used by the department to contract for the
4512	independent study required under paragraph (1)(b).
4513	Section 68.  The Department of Environmental Protection
4514	shall require and collect a report from each water management
4515	district in the state on how much water is being extracted each
4516	month for resale in bottled water containers and submit a report
4517	of the findings to the Legislature by November 1, 2006.
4518	Section 69.  This act shall take effect July 1, 2006.
4519
4520	======= T I T L E  A M E N D M E N T ==========
4521	Remove the entire title and insert:
4522	A bill to be entitled
4523	An act relating to environmental protection; amending ss.
4524	199.1055, 220.1845, 376.30781, 376.80, and 376.86, F.S.;
4525	increasing the amount and percentage of the credit that
4526	may be applied against the intangible personal property
4527	tax and the corporate income tax for the cost of voluntary
4528	cleanup of a contaminated site; increasing the amount that
4529	may be received by the taxpayer as an incentive to
4530	complete the cleanup in the final year; increasing the
4531	total amount of credits that may be granted in any year;
4532	providing tax credits for voluntary cleanup activities
4533	related to solid waste disposal facilities; providing
4534	criteria for eligible sites and activities; increasing the
4535	amount of the Brownfield Areas Loan Guarantee; reducing
4536	the job creation requirements; directing the Department of
4537	Environmental Protection to apply certain criteria,
4538	requirements, and limitations for implementation of such
4539	provisions; providing certain exceptions; amending s.
4540	288.9015, F.S.; requiring Enterprise Florida, Inc., to
4541	aggressively market brownfields; amending ss. 196.012 and
4542	196.1995, F.S., to include brownfield areas in the
4543	implementation of the economic development ad valorem tax
4544	exemption authorized under s. 3, Art VII of the Florida
4545	Constitution; repealing s. 376.87, F.S., relating to the
4546	Brownfield Property Ownership Clearance Assistance;
4547	repealing s. 376.875, F.S., relating to the Brownfield
4548	Property Ownership Clearance Assistance Revolving Loan
4549	Trust Fund; amending s. 14.2015, F.S.; deleting a
4550	reference to the trust fund to conform; amending s.
4551	403.413, F.S.; clarifying who is liable for dumping under
4552	the Florida Litter Law; amending s. 403.4131, F.S.;
4553	deleting the provisions relating to Keep Florida
4554	Beautiful, Inc.; providing that certain counties are
4555	encouraged to develop a regional approach to coordinating
4556	litter control and prevention programs; deleting certain
4557	requirements for a litter survey; amending s. 403.41315,
4558	F.S.; conforming provisions to changes made to the Keep
4559	Florida Beautiful, Inc., program; amending s. 403.4133,
4560	F.S.; placing the Adopt-a-Shore Program within the
4561	Department of Environmental Protection; amending s.
4562	320.08058, F.S.; requiring that the proceeds of the fees
4563	paid for Wildflower license plates be distributed to
4564	Wildflower Foundation, Inc.; requiring the foundation to
4565	develop certain procedures and programs; specifying uses
4566	of the proceeds; transferring the balance of such proceeds
4567	to the Department of Agriculture and Consumer Services
4568	under certain circumstances; amending s. 403.703, F.S.;
4569	reordering definitions in alphabetical order; clarifying
4570	certain definitions and deleting definitions that are not
4571	used; amending ss. 316.003, 377.709, and 487.048, F.S.;
4572	conforming cross-references; amending s. 403.704, F.S.;
4573	deleting certain obsolete provisions relating to the state
4574	solid waste management program; amending s. 403.7043,
4575	F.S.; deleting certain obsolete and conflicting provisions
4576	relating to compost standards; amending s. 403.7045, F.S.;
4577	providing that industrial byproducts are not regulated
4578	under certain circumstances; conforming a cross-reference;
4579	clarifying certain provisions governing dredged material;
4580	amending s. 403.707, F.S.; clarifying the Department of
4581	Environmental Preservation's permit authority; deleting
4582	certain obsolete provisions; creating s. 403.7071, F.S.;
4583	providing for the management and disposal of storm-
4584	generated debris; amending s. 403.708, F.S.; deleting
4585	obsolete provisions and clarifying certain provisions
4586	governing landfills; amending s. 403.709, F.S.; revising
4587	the provisions relating to the distribution of the waste
4588	tire fees; amending s. 403.7095, F.S., relating to the
4589	solid waste management grant program; conforming a cross-
4590	reference; amending s. 403.7125, F.S.; deleting certain
4591	definitions that appear elsewhere in law and clarifying
4592	certain financial-disclosure provisions with respect to
4593	the closure of a landfill; amending s. 403.716, F.S.;
4594	deleting certain provisions relating to the training of
4595	certain facility operators; amending s. 403.717, F.S.;
4596	clarifying the provisions relating to waste tires and the
4597	processing of waste tires; transferring, renumbering, and
4598	amending s. 403.7221, F.S.; increasing the duration of
4599	certain research, development, and demonstration permits;
4600	amending s. 403.201, F.S.; conforming a cross-reference;
4601	amending s. 403.722, F.S.; clarifying provisions relating
4602	to who is required to obtain certain hazardous waste
4603	permits; amending s. 403.7226, F.S.; deleting a provision
4604	requiring a report that is duplicative of other reports;
4605	amending s. 403.724, F.S.; clarifying certain financial-
4606	responsibility provisions; amending s. 403.7255, F.S.;
4607	providing additional requirements regarding the public
4608	notification of certain contaminated sites; amending s.
4609	403.726, F.S.; authorizing the Department of Environmental
4610	Protection to issue an order to abate certain hazards;
4611	amending s. 403.7265, F.S.; requiring a local government
4612	to provide matching funds for certain grants; providing
4613	that matching funds are not required under certain
4614	conditions; amending s. 403.885, F.S.; revising grant
4615	program eligibility requirements for certain water
4616	management and restoration projects; eliminating
4617	requirements for certain funding and legislative review of
4618	such projects; amending s. 373.1961, F.S.; conforming a
4619	cross-reference; repealing s. 403.7075, F.S., relating to
4620	the submission of certain plans for solid waste management
4621	facilities; repealing s. 403.756, F.S., relating to an
4622	annual used-oil report; directing the department to
4623	require and collect certain reports from each water
4624	management district, and to submit such findings to the
4625	Legislature by a certain date; amending s. 206.606, F.S.;
4626	authorizing the use of certain funds for local boating
4627	related projects and activities; amending s. 327.59, F.S.;
4628	authorizing marina owners, operators, employees, and
4629	agents to take actions to secure vessels during severe
4630	weather and to charge fees and be held harmless for such
4631	service; holding marina operators, employees, and agents
4632	liable for damage caused by intentional acts or negligence
4633	while removing or securing vessels; authorizing contract
4634	provisions and providing contract notice requirements
4635	relating to removing or securing vessels; amending s.
4636	327.60, F.S.; providing for local regulation of anchoring
4637	within mooring fields; amending s. 328.64, F.S.; requiring
4638	the Department of Highway Safety and Motor Vehicles to
4639	provide forms for certain notification related to vessels;
4640	requiring the department to provide by rule for the
4641	surrender and replacement of certificates of registration
4642	to reflect change of address; amending s. 328.72, F.S.;
4643	requiring counties to use funds for specific boating
4644	related purposes; requiring counties to provide reports
4645	demonstrating specified expenditure of such funds;
4646	providing penalties for failure to comply; amending s.
4647	376.11, F.S.; authorizing the distribution of revenues
4648	from the Florida Coastal Protection Trust Fund to all
4649	local governments for the removal of certain vessels;
4650	amending s. 376.15, F.S.; revising provisions relating to
4651	the removal of abandoned and derelict vessels; specifying
4652	officers authorized to remove such vessels; providing that
4653	certain costs are recoverable; requiring the Department of
4654	Legal Affairs to represent the Fish and Wildlife
4655	Conservation Commission in certain actions; expanding
4656	eligibility for disbursement of grant funds for the
4657	removal of certain vessels; amending s. 403.813, F.S.;
4658	providing exemptions from permitting, registration, and
4659	regulation of floating vessel platforms or floating boat
4660	lifts by a local government; authorizing local governments
4661	to require certain permits or registration for floating
4662	vessel platforms or floating boat lifts under certain
4663	circumstances; amending s. 705.101, F.S.; revising the
4664	definition of "abandoned property" to include certain
4665	vessels; amending s. 705.103, F.S.; revising the
4666	terminology relating to abandoned or lost property to
4667	conform; amending s. 823.11, F.S.; revising provisions
4668	relating to abandoned and derelict vessels and the removal
4669	of such vessels; providing a definition of "derelict
4670	vessel"; specifying which officers may remove such
4671	vessels; directing the Fish and Wildlife Conservation
4672	Commission to implement a plan for the procurement of
4673	federal disaster funds for the removal of derelict
4674	vessels; requiring the Department of Legal Affairs to
4675	represent the commission in certain actions; deleting a
4676	provision authorizing the commission to delegate certain
4677	authority to local governments under certain
4678	circumstances; authorizing private property owners to
4679	remove certain vessels with required notice; providing
4680	that cost of such removal is recoverable; prohibiting
4681	private property owners from hindering the removal of
4682	certain vessels by vessel owners or agents; providing for
4683	jurisdictional imposition of civil penalties for
4684	violations relating to certain vessels; providing an
4685	exception for the mooring of certain vessels to upland
4686	properties under certain circumstances; amending s.
4687	893.02, F.S.; providing definitions; creating s. 893.121,
4688	F.S.; providing for quarantine of any residential property
4689	where illegal clandestine laboratory activities occurred;
4690	providing for establishment of a uniform notice and a
4691	uniform letter of notification; providing for posting of
4692	specified notice at the site of a quarantine; providing
4693	requirements for the sending of a specified letter of
4694	notification to a residential property owner or manager;
4695	providing for petitions by certain persons in circuit
4696	court to lift such quarantines under certain conditions;
4697	prohibiting specified violations relating to such
4698	quarantines; creating s. 893.122, F.S.; permitting
4699	demolition of quarantined residential property under
4700	certain conditions; providing immunity from health-based
4701	civil actions for residential property owners who have met
4702	specified clandestine laboratory decontamination standards
4703	as evidenced by specified documentation; providing an
4704	exception to such immunity for persons convicted of
4705	manufacturing controlled substances at the site; creating
4706	s. 893.123, F.S.; providing for rulemaking to adopt
4707	clandestine laboratory decontamination standards;
4708	providing for certificates of fitness to indicate that
4709	decontamination has been completed; providing requirements
4710	for the lifting of a quarantine upon demolition of the
4711	property; creating s. 893.124, F.S.; requiring the
4712	Department of Health to specify requirements for persons
4713	authorized to perform decontamination and contamination
4714	assessments; requiring the department to compile and
4715	maintain lists of decontamination and contamination
4716	assessment specialists; providing responsibilities for
4717	decontamination specialists; permitting decontamination
4718	and contamination assessment specialists to request
4719	specified documents; providing for the issuance of
4720	certificates of fitness by contamination assessment
4721	specialists; amending ss. 465.016, 465.023, 856.015,
4722	893.135, 944.47, 951.22, and 985.4046, F.S.; conforming
4723	cross-references; repealing ss. 403.78, 403.781, 403.782,
4724	403.783, 403.784, 403.7841, 403.7842, 403.785, 403.786,
4725	403.787, 403.7871, 403.7872, 403.7873, 403.788, 403.7881,
4726	403.789, 403.7891, 403.7892, 403.7893, and 403.7895, F.S.,
4727	relating to the Statewide Multipurpose Hazardous Waste
4728	Facility Siting Act; requiring the Department of
4729	Environmental Protection to conduct a study of the sources
4730	of nitrogen input into the Wekiva River and associated
4731	springs; requiring the Department of Health to contract
4732	for an independent study of the sources of nitrogen input
4733	from onsite sewage treatment and disposal systems into the
4734	Wekiva River and associated springs; requiring reports on
4735	such studies; providing report requirements; suspending
4736	certain department rulemaking until study completion;
4737	requiring the Department of Environmental Protection and
4738	the Department of Health to submit copies of the reports
4739	to the Legislature by a certain date; requiring the
4740	Department of Health to develop rules for a model proposal
4741	for the operation and maintenance of onsite sewage
4742	treatment and disposal systems in certain areas;
4743	specifying a rule criterion; providing appropriations;
4744	providing an effective date.

CODING: Words stricken are deletions; words underlined are additions.