(LATE FILED)	Amendment
Bill No. 1528

Amendment No. 895289

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; Wildflower Advisory Council "Keep
1171	Florida Beautiful, 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	(4)(10)(a)  There is created within the Department of
1302	Agriculture and Consumer Services within Keep Florida Beautiful,
1303	Inc., the Wildflower Advisory Council, consisting of a maximum
1304	of ten nine members to direct and oversee the expenditure of the
1305	Wildflower Account. The Wildflower Advisory Council shall
1306	include a representative from the University of Florida
1307	Institute of Food and Agricultural Sciences, the Florida
1308	Department of Transportation, the Department of Agriculture and
1309	Consumer Services, and the Florida Department of Environmental
1310	Protection, the Florida League of Cities, and the Florida
1311	Association of Counties. Other members of the committee may
1312	include representatives from the Florida Federation of Garden
1313	Clubs, Inc., Think Beauty Foundation, the Florida Chapter of the
1314	American Society of Landscape Architects, Inc., and a
1315	representative of the Master Gardener's Program.
1316	(b)  The Wildflower Advisory Council shall advise the
1317	Department of Agriculture and Consumer Services and develop
1318	procedures of operation, research contracts, educational and
1319	marketing programs, and wildflower planting grants for Florida
1320	native wildflowers, plants, and grasses. The council shall also
1321	make recommendations to the department concerning the final
1322	determination of what constitutes acceptable species of
1323	wildflowers and other plantings supported by these programs.
1324	Section 13.  Section 403.41315, Florida Statutes, is
1325	amended to read:
1326	403.41315  Comprehensive illegal dumping, litter, and
1327	marine debris control and prevention.--
1328	(1)  The Legislature finds that a comprehensive illegal
1329	dumping, litter, and marine debris control and prevention
1330	program is necessary to protect the beauty and the environment
1331	of Florida. The Legislature also recognizes that a comprehensive
1332	illegal dumping, litter, and marine debris control and
1333	prevention program will have a positive effect on the state's
1334	economy. The Legislature finds that the state's rapid population
1335	growth, the ever-increasing mobility of its population, and the
1336	large number of tourists contribute to the need for a
1337	comprehensive illegal dumping, litter, and marine debris control
1338	and prevention program. The Legislature further finds that the
1339	program must be coordinated and capable of having statewide
1340	identity and grassroots community support.
1341	(2)  The comprehensive illegal dumping, litter, and marine
1342	debris control and prevention program at a minimum must include
1343	the following:
1344	(a)  A local statewide public awareness and educational
1345	campaign, coordinated by Keep Florida Beautiful, Incorporated,
1346	to educate individuals, government, businesses, and other
1347	organizations concerning the role they must assume in preventing
1348	and controlling litter.
1349	(b)  Enforcement provisions authorized under s. 403.413.
1350	(c)  Enforcement officers whose responsibilities include
1351	grassroots education along with enforcing litter and illegal
1352	dumping violations.
1353	(d)  Local illegal dumping, litter, and marine debris
1354	control and prevention programs operated at the county level
1355	with emphasis placed on grassroots educational programs designed
1356	to prevent and remove litter and marine debris.
1357	(e)  A statewide adopt-a-highway program as authorized
1358	under s. 403.4131.
1359	(f)  The highway beautification program authorized under s.
1360	339.2405.
1361	(g)  A statewide Adopt-a-Shore program that includes beach,
1362	river, and lake shorelines and emphasizes litter and marine
1363	debris cleanup and prevention.
1364	(h)  The prohibition of balloon releases as authorized
1365	under s. 372.995.
1366	(i)  The placement of approved identifiable litter and
1367	recycling receptacles.
1368	(j)  Other educational programs that are implemented at the
1369	grassroots level coordinated through Keep Florida Beautiful,
1370	Inc., involving volunteers and community programs that clean up
1371	and prevent litter, including Youth Conservation Corps
1372	activities.
1373	Section 14.  Section 403.4133, Florida Statutes, is amended
1374	to read:
1375	403.4133  Adopt-a-Shore Program.--
1376	(1)  The Legislature finds that litter and illegal dumping
1377	present a threat to the state's wildlife, environment, and
1378	shorelines. The Legislature further finds that public awareness
1379	and education will assist in preventing litter from being
1380	illegally deposited along the state's shorelines.
1381	(2)  The Adopt-a-Shore Program shall be created within the
1382	Department of Environmental Protection nonprofit organization
1383	referred to in s. 403.4131(1), named Keep Florida Beautiful,
1384	Incorporated. The program shall be designed to educate the
1385	state's citizens and visitors about the importance of litter
1386	prevention and shall include approaches and techniques to remove
1387	litter from the state's shorelines.
1388	(3)  For the purposes of this section, the term "shoreline"
1389	includes, but is not limited to, beaches, rivershores, and
1390	lakeshores.
1391	Section 15.  Subsection (28) of section 320.08058, Florida
1392	Statutes, is amended to read:
1393	320.08058  Specialty license plates.--
1394	(28)  FLORIDA WILDFLOWER LICENSE PLATES.--
1395	(a)  The department shall develop a Florida Wildflower
1396	license plate as provided in this section. The word "Florida"
1397	must appear at the top of the plate, and the words "State
1398	Wildflower" and "coreopsis" must appear at the bottom of the
1399	plate.
1400	(b)  The annual use fees shall be distributed to the
1401	Department of Agriculture and Consumer Services, to be used for
1402	the purposes set forth in Wildflower Account established by Keep
1403	Florida Beautiful, Inc., created by s. 403.4131. The proceeds
1404	must be used to establish native Florida wildflower research
1405	programs, wildflower educational programs, and wildflower grant
1406	programs to municipal, county, and community-based groups in
1407	this state. A maximum of 10 percent of the proceeds from the
1408	sale of such plates may be used for administrative costs.
1409	Section 16.  All unexpended proceeds of fees paid for
1410	Wildflower license plates which are held by Keep Florida
1411	Beautiful, Inc., must be transferred to the Department of
1412	Agriculture and Consumer Services promptly after the effective
1413	date of this act.
1414	Section 17.  Section 403.703, Florida Statutes, is amended
1415	to read:
1416	(Substantial rewording of section. See
1417	s. 403.703, F.S., for present text.)
1418	403.703  Definitions.--As used in this part, the term:
1419	(1)  "Ash residue" has the same meaning as in the
1420	department rule governing solid waste combustors which defines
1421	the term.
1422	(2)  "Biological waste" means solid waste that causes or
1423	has the capability of causing disease or infection and includes,
1424	but is not limited to, biomedical waste, diseased or dead
1425	animals, and other wastes capable of transmitting pathogens to
1426	humans or animals. The term does not include human remains that
1427	are disposed of by persons licensed under chapter 497.
1428	(3)  "Biomedical waste" means any solid waste or liquid
1429	waste that may present a threat of infection to humans. The term
1430	includes, but is not limited to, nonliquid human tissue and body
1431	parts; laboratory and veterinary waste that contains human-
1432	disease-causing agents; discarded disposable sharps; human blood
1433	and human blood products and body fluids; and other materials
1434	that in the opinion of the Department of Health represent a
1435	significant risk of infection to persons outside the generating
1436	facility. The term does not include human remains that are
1437	disposed of by persons licensed under chapter 497.
1438	(4)  "Clean debris" means any solid waste that is virtually
1439	inert, that is not a pollution threat to groundwater or surface
1440	waters, that is not a fire hazard, and that is likely to retain
1441	its physical and chemical structure under expected conditions of
1442	disposal or use. The term includes uncontaminated concrete,
1443	including embedded pipe or steel, brick, glass, ceramics, and
1444	other wastes designated by the department.
1445	(5)  "Closure" means the cessation of operation of a solid
1446	waste management facility and the act of securing such facility
1447	so that it will pose no significant threat to human health or
1448	the environment and includes long-term monitoring and
1449	maintenance of a facility if required by department rule.
1450	(6)  "Construction and demolition debris" means discarded
1451	materials generally considered to be not water-soluble and
1452	nonhazardous in nature, including, but not limited to, steel,
1453	glass, brick, concrete, asphalt roofing material, pipe, gypsum
1454	wallboard, and lumber, from the construction or destruction of a
1455	structure as part of a construction or demolition project or
1456	from the renovation of a structure, and includes rocks, soils,
1457	tree remains, trees, and other vegetative matter that normally
1458	results from land clearing or land-development operations for a
1459	construction project, including such debris from construction of
1460	structures at a site remote from the construction or demolition
1461	project site. Mixing of construction and demolition debris with
1462	other types of solid waste will cause the resulting mixture to
1463	be classified as other than construction and demolition debris.
1464	The term also includes:
1465	(a)  Clean cardboard, paper, plastic, wood, and metal
1466	scraps from a construction project.
1467	(b)  Except as provided in s. 403.707(9)(j), yard trash and
1468	unpainted, nontreated wood scraps from sources other than
1469	construction or demolition projects.
1470	(c)  Scrap from manufacturing facilities which is the type
1471	of material generally used in construction projects and which
1472	would meet the definition of construction and demolition debris
1473	if it were generated as part of a construction or demolition
1474	project. This includes debris from the construction of
1475	manufactured homes and scrap shingles, wallboard, siding
1476	concrete, and similar materials from industrial or commercial
1477	facilities.
1478	(d)  De minimis amounts of other nonhazardous wastes that
1479	are generated at construction or destruction projects, provided
1480	such amounts are consistent with best management practices of
1481	the industry.
1482	(7)  "County," or any like term, means a political
1483	subdivision of the state established pursuant to s. 1, Art. VIII
1484	of the State Constitution and, when s. 403.706(19) applies,
1485	means a special district or other entity.
1486	(8)  "Department" means the Department of Environmental
1487	Protection or any successor agency performing a like function.
1488	(9)  "Disposal" means the discharge, deposit, injection,
1489	dumping, spilling, leaking, or placing of any solid waste or
1490	hazardous waste into or upon any land or water so that such
1491	solid waste or hazardous waste or any constituent thereof may
1492	enter other lands or be emitted into the air or discharged into
1493	any waters, including groundwaters, or otherwise enter the
1494	environment.
1495	(10)  "Generation" means the act or process of producing
1496	solid or hazardous waste.
1497	(11)  "Guarantor" means any person, other than the owner or
1498	operator, who provides evidence of financial responsibility for
1499	an owner or operator under this part.
1500	(12)  "Hazardous substance" means any substance that is
1501	defined as a hazardous substance in the United States
1502	Comprehensive Environmental Response, Compensation, and
1503	Liability Act of 1980, 94 Stat. 2767.
1504	(13)  "Hazardous waste" means solid waste, or a combination
1505	of solid wastes, which, because of its quantity, concentration,
1506	or physical, chemical, or infectious characteristics, may cause,
1507	or significantly contribute to, an increase in mortality or an
1508	increase in serious irreversible or incapacitating reversible
1509	illness or may pose a substantial present or potential hazard to
1510	human health or the environment when improperly transported,
1511	disposed of, stored, treated, or otherwise managed. The term
1512	does not include human remains that are disposed of by persons
1513	licensed under chapter 497.
1514	(14)  "Hazardous waste facility" means any building, site,
1515	structure, or equipment at or by which hazardous waste is
1516	disposed of, stored, or treated.
1517	(15)  "Hazardous waste management" means the systematic
1518	control of the collection, source separation, storage,
1519	transportation, processing, treatment, recovery, recycling, and
1520	disposal of hazardous wastes.
1521	(16)  "Land disposal" means any placement of hazardous
1522	waste in or on the land and includes, but is not limited to,
1523	placement in a landfill, surface impoundment, waste pile,
1524	injection well, land treatment facility, salt bed formation,
1525	salt dome formation, or underground mine or cave, or placement
1526	in a concrete vault or bunker intended for disposal purposes.
1527	(17)  "Landfill" means any solid waste land disposal area
1528	for which a permit, other than a general permit, is required by
1529	s. 403.707 and which receives solid waste for disposal in or
1530	upon land. The term does not include a landspreading site, an
1531	injection well, a surface impoundment, or a facility for the
1532	disposal of construction and demolition debris.
1533	(18)  "Manifest" means the recordkeeping system used for
1534	identifying the concentration, quantity, composition, origin,
1535	routing, and destination of hazardous waste during its
1536	transportation from the point of generation to the point of
1537	disposal, storage, or treatment.
1538	(19)  "Materials recovery facility" means a solid waste
1539	management facility that provides for the extraction from solid
1540	waste of recyclable materials, materials suitable for use as a
1541	fuel or soil amendment, or any combination of such materials.
1542	(20)  "Municipality," or any like term, means a
1543	municipality created pursuant to general or special law
1544	authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of
1545	the State Constitution and, when s. 403.706(19) applies, means a
1546	special district or other entity.
1547	(21)  "Operation," with respect to any solid waste
1548	management facility, means the disposal, storage, or processing
1549	of solid waste at and by the facility.
1550	(22)  "Person" means any and all persons, natural or
1551	artificial, including any individual, firm, or association; any
1552	municipal or private corporation organized or existing under the
1553	laws of this state or any other state; any county of this state;
1554	and any governmental agency of this state or the Federal
1555	Government.
1556	(23)  "Processing" means any technique designed to change
1557	the physical, chemical, or biological character or composition
1558	of any solid waste so as to render it safe for transport;
1559	amenable to recovery, storage, or recycling; safe for disposal;
1560	or reduced in volume or concentration.
1561	(24)  "Recovered materials" means metal, paper, glass,
1562	plastic, textile, or rubber materials that have known recycling
1563	potential, can be feasibly recycled, and have been diverted and
1564	source separated or have been removed from the solid waste
1565	stream for sale, use, or reuse as raw materials, whether or not
1566	the materials require subsequent processing or separation from
1567	each other, but the term does not include materials destined for
1568	any use that constitutes disposal. Recovered materials as
1569	described in this subsection are not solid waste.
1570	(25)  "Recovered materials processing facility" means a
1571	facility engaged solely in the storage, processing, resale, or
1572	reuse of recovered materials. Such a facility is not a solid
1573	waste management facility if it meets the conditions of s.
1574	403.7045(1)(e).
1575	(26)  "Recyclable material" means those materials that are
1576	capable of being recycled and that would otherwise be processed
1577	or disposed of as solid waste.
1578	(27)  "Recycling" means any process by which solid waste,
1579	or materials that would otherwise become solid waste, are
1580	collected, separated, or processed and reused or returned to use
1581	in the form of raw materials or products.
1582	(28)  "Resource recovery" means the process of recovering
1583	materials or energy from solid waste, excluding those materials
1584	or solid waste under the control of the Nuclear Regulatory
1585	Commission.
1586	(29)  "Resource recovery equipment" means equipment or
1587	machinery exclusively and integrally used in the actual process
1588	of recovering material or energy resources from solid waste.
1589	(30)  "Sludge" includes the accumulated solids, residues,
1590	and precipitates generated as a result of waste treatment or
1591	processing, including wastewater treatment, water-supply
1592	treatment, or operation of an air pollution control facility,
1593	and mixed liquids and solids pumped from septic tanks, grease
1594	traps, privies, or similar waste disposal appurtenances.
1595	(31)  "Solid waste" means sludge unregulated under the
1596	federal Clean Water Act or Clean Air Act, sludge from a waste
1597	treatment works, water supply treatment plant, or air pollution
1598	control facility, or garbage, rubbish, refuse, special waste, or
1599	other discarded material, including solid, liquid, semisolid, or
1600	contained gaseous material resulting from domestic, industrial,
1601	commercial, mining, agricultural, or governmental operations.
1602	Recovered materials as defined in subsection (24) are not solid
1603	waste.
1604	(32)  "Solid waste disposal facility" means any solid waste
1605	management facility that is the final resting place for solid
1606	waste, including landfills and incineration facilities that
1607	produce ash from the process of incinerating municipal solid
1608	waste.
1609	(33)  "Solid waste management" means the process by which
1610	solid waste is collected, transported, stored, separated,
1611	processed, or disposed of in any other way according to an
1612	orderly, purposeful, and planned program, which includes
1613	closure.
1614	(34)  "Solid waste management facility" means any solid
1615	waste disposal area, volume-reduction plant, transfer station,
1616	materials recovery facility, or other facility, the purpose of
1617	which is resource recovery or the disposal, recycling,
1618	processing, or storage of solid waste. The term does not include
1619	recovered materials processing facilities that meet the
1620	requirements of s. 403.7046, except the portion of such
1621	facilities, if any, which is used for the management of solid
1622	waste.
1623	(35)  "Source separated" means that the recovered materials
1624	are separated from solid waste at the location where the
1625	recovered materials and solid waste are generated. The term does
1626	not require that various types of recovered materials be
1627	separated from each other, and recognizes de minimis solid
1628	waste, in accordance with industry standards and practices, may
1629	be included in the recovered materials. Materials are not
1630	considered source-separated when two or more types of recovered
1631	materials are deposited in combination with each other in a
1632	commercial collection container located where the materials are
1633	generated and when such materials contain more than 10 percent
1634	solid waste by volume or weight. For purposes of this
1635	subsection, the term "various types of recovered materials"
1636	means metals, paper, glass, plastic, textiles, and rubber.
1637	(36)  "Special wastes" means solid wastes that can require
1638	special handling and management, including, but not limited to,
1639	white goods, waste tires, used oil, lead-acid batteries,
1640	construction and demolition debris, ash residue, yard trash, and
1641	biological wastes.
1642	(37)  "Storage" means the containment or holding of a
1643	hazardous waste, either on a temporary basis or for a period of
1644	years, in such a manner as not to constitute disposal of such
1645	hazardous waste.
1646	(38)  "Transfer station" means a site the primary purpose
1647	of which is to store or hold solid waste for transport to a
1648	processing or disposal facility.
1649	(39)  "Transport" means the movement of hazardous waste
1650	from the point of generation or point of entry into the state to
1651	any offsite intermediate points and to the point of offsite
1652	ultimate disposal, storage, treatment, or exit from the state.
1653	(40)  "Treatment," when used in connection with hazardous
1654	waste, means any method, technique, or process, including
1655	neutralization, which is designed to change the physical,
1656	chemical, or biological character or composition of any
1657	hazardous waste so as to neutralize it or render it
1658	nonhazardous, safe for transport, amenable to recovery, amenable
1659	to storage or disposal, or reduced in volume or concentration.
1660	The term includes any activity or processing that is designed to
1661	change the physical form or chemical composition of hazardous
1662	waste so as to render it nonhazardous.
1663	(41)  "Volume reduction plant" includes incinerators,
1664	pulverizers, compactors, shredding and baling plants, composting
1665	plants, and other plants that accept and process solid waste for
1666	recycling or disposal.
1667	(42)  "White goods" includes inoperative and discarded
1668	refrigerators, ranges, water heaters, freezers, and other
1669	similar domestic and commercial large appliances.
1670	(43)  "Yard trash" means vegetative matter resulting from
1671	landscaping maintenance and land clearing operations and
1672	includes associated rocks and soils.
1673	Section 18.  Subsection (69) of section 316.003, Florida
1674	Statutes, is amended to read:
1675	316.003  Definitions.--The following words and phrases,
1676	when used in this chapter, shall have the meanings respectively
1677	ascribed to them in this section, except where the context
1678	otherwise requires:
1679	(69)  HAZARDOUS MATERIAL.--Any substance or material which
1680	has been determined by the secretary of the United States
1681	Department of Transportation to be capable of imposing an
1682	unreasonable risk to health, safety, and property. This term
1683	includes hazardous waste as defined in s. 403.703(13) s.
1684	403.703(21).
1685	Section 19.  Paragraph (f) of subsection (2) of section
1686	377.709, Florida Statutes, is amended to read:
1687	377.709  Funding by electric utilities of local
1688	governmental solid waste facilities that generate electricity.--
1689	(2)  DEFINITIONS.--As used in this section, the term:
1690	(f)  "Solid waste facility" means a facility owned or
1691	operated by, or on behalf of, a local government for the purpose
1692	of disposing of solid waste, as that term is defined in s.
1693	403.703(31) s. 403.703(13), by any process that produces heat
1694	and incorporates, as a part of the facility, the means of
1695	converting heat to electrical energy in amounts greater than
1696	actually required for the operation of the facility.
1697	Section 20.  Subsection (1) of section 487.048, Florida
1698	Statutes, is amended to read:
1699	487.048  Dealer's license; records.--
1700	(1)  Each person holding or offering for sale, selling, or
1701	distributing restricted-use pesticides shall obtain a dealer's
1702	license from the department. Application for the license shall
1703	be made on a form prescribed by the department. The license must
1704	be obtained before entering into business or transferring
1705	ownership of a business. The department may require examination
1706	or other proof of competency of individuals to whom licenses are
1707	issued or of individuals employed by persons to whom licenses
1708	are issued. Demonstration of continued competency may be
1709	required for license renewal, as set by rule. The license shall
1710	be renewed annually as provided by rule. An annual license fee
1711	not exceeding $250 shall be established by rule. However, a user
1712	of a restricted-use pesticide may distribute unopened containers
1713	of a properly labeled pesticide to another user who is legally
1714	entitled to use that restricted-use pesticide without obtaining
1715	a pesticide dealer's license. The exclusive purpose of
1716	distribution of the restricted-use pesticide is to keep it from
1717	becoming a hazardous waste as defined in s. 403.703(13) s.
1718	403.703(21).
1719	Section 21.  Section 403.704, Florida Statutes, is amended
1720	to read:
1721	403.704  Powers and duties of the department.--The
1722	department shall have responsibility for the implementation and
1723	enforcement of the provisions of this act. In addition to other
1724	powers and duties, the department shall:
1725	(1)  Develop and implement, in consultation with local
1726	governments, a state solid waste management program, as defined
1727	in s. 403.705, and update the program at least every 3 years. In
1728	developing rules to implement the state solid waste management
1729	program, the department shall hold public hearings around the
1730	state and shall give notice of such public hearings to all local
1731	governments and regional planning agencies.
1732	(2)  Provide technical assistance to counties,
1733	municipalities, and other persons, and cooperate with
1734	appropriate federal agencies and private organizations in
1735	carrying out the provisions of this act.
1736	(3)  Promote the planning and application of recycling and
1737	resource recovery systems which preserve and enhance the quality
1738	of the air, water, and other natural resources of the state and
1739	assist in and encourage, where appropriate, the development of
1740	regional solid waste management facilities.
1741	(4)  Serve as the official state representative for all
1742	purposes of the federal Solid Waste Disposal Act, as amended by
1743	Pub. L. No. 91-512, or as subsequently amended.
1744	(5)  Use private industry or the State University System
1745	through contractual arrangements for implementation of some or
1746	all of the requirements of the state solid waste management
1747	program and for such other activities as may be considered
1748	necessary, desirable, or convenient.
1749	(6)  Encourage recycling and resource recovery as a source
1750	of energy and materials.
1751	(7)  Assist in and encourage, as much as possible, the
1752	development within the state of industries and commercial
1753	enterprises which are based upon resource recovery, recycling,
1754	and reuse of solid waste.
1755	(8)  Charge reasonable fees for any services it performs
1756	pursuant to this act, provided user fees shall apply uniformly
1757	within each municipality or county to all users who are provided
1758	with solid waste management services.
1759	(9)  Acquire, at its discretion, personal or real property
1760	or any interest therein by gift, lease, or purchase for the
1761	purpose of providing sites for solid waste management
1762	facilities.
1763	(10)  Acquire, construct, reconstruct, improve, maintain,
1764	equip, furnish, and operate, at its discretion, such solid waste
1765	management facilities as are called for by the state solid waste
1766	management program.
1767	(11)  Receive funds or revenues from the sale of products,
1768	materials, fuels, or energy in any form derived from processing
1769	of solid waste by state-owned or state-operated facilities,
1770	which funds or revenues shall be deposited into the Solid Waste
1771	Management Trust Fund.
1772	(8)(12)  Determine by rule the facilities, equipment,
1773	personnel, and number of monitoring wells to be provided at each
1774	Class I solid waste disposal area.
1775	(13)  Encourage, but not require, as part of a Class II
1776	solid waste disposal area, a potable water supply; an employee
1777	shelter; handwashing and toilet facilities; equipment washout
1778	facilities; electric service for operations and repairs;
1779	equipment shelter for maintenance and storage of parts,
1780	equipment, and tools; scales for weighing solid waste received
1781	at the disposal area; a trained equipment operator in full-time
1782	attendance during operating hours; and communication facilities
1783	for use in emergencies. The department may require an attendant
1784	at a Class II solid waste disposal area during the hours of
1785	operation if the department affirmatively demonstrates that such
1786	a requirement is necessary to prevent unlawful fires,
1787	unauthorized dumping, or littering of nearby property.
1788	(14)  Require a Class II solid waste disposal area to have
1789	at least one monitoring well which shall be placed adjacent to
1790	the site in the direction of groundwater flow unless otherwise
1791	exempted by the department. The department may require
1792	additional monitoring wells not farther than 1 mile from the
1793	site if it is affirmatively demonstrated by the department that
1794	a significant change in the initial quality of the water has
1795	occurred in the downstream monitoring well which adversely
1796	affects the beneficial uses of the water. These wells may be
1797	public or private water supply wells if they are suitable for
1798	use in determining background water quality levels.
1799	(9)(15)  Adopt rules pursuant to ss. 120.536(1) and 120.54
1800	to implement and enforce the provisions of this act, including
1801	requirements for the classification, construction, operation,
1802	maintenance, and closure of solid waste management facilities
1803	and requirements for, and conditions on, solid waste disposal in
1804	this state, whether such solid waste is generated within this
1805	state or outside this state as long as such requirements and
1806	conditions are not based on the out-of-state origin of the waste
1807	and are consistent with applicable provisions of law. When
1808	classifying solid waste management facilities, the department
1809	shall consider the hydrogeology of the site for the facility,
1810	the types of wastes to be handled by the facility, and methods
1811	used to control the types of waste to be handled by the facility
1812	and shall seek to minimize the adverse effects of solid waste
1813	management on the environment. Whenever the department adopts
1814	any rule stricter or more stringent than one which has been set
1815	by the United States Environmental Protection Agency, the
1816	procedures set forth in s. 403.804(2) shall be followed. The
1817	department shall not, however, adopt hazardous waste rules for
1818	solid waste for which special studies were required prior to
1819	October 1, 1988, under s. 8002 of the Resource Conservation and
1820	Recovery Act, 42 U.S.C. s. 6982, as amended, until the studies
1821	are completed by the United States Environmental Protection
1822	Agency and the information is available to the department for
1823	consideration in adopting its own rule.
1824	(10)(16)  Issue or modify permits on such conditions as are
1825	necessary to effect the intent and purposes of this act, and may
1826	deny or revoke permits.
1827	(17)  Conduct research, using the State University System,
1828	solid waste professionals from local governments, private
1829	enterprise, and other organizations, on alternative,
1830	economically feasible, cost-effective, and environmentally safe
1831	solid waste management and landfill closure methods which
1832	protect the health, safety, and welfare of the public and the
1833	environment and which may assist in developing markets and
1834	provide economic benefits to local governments, the state, and
1835	its citizens, and solicit public participation during the
1836	research process. The department shall incorporate such cost-
1837	effective landfill closure methods in the appropriate department
1838	rule as alternative closure requirements.
1839	(11)(18)  Develop and implement or contract for services to
1840	develop information on recovered materials markets and
1841	strategies for market development and expansion for use of these
1842	materials. Additionally, the department shall maintain a
1843	directory of recycling businesses operating in the state and
1844	shall serve as a coordinator to match recovered materials with
1845	markets. Such directory shall be made available to the public
1846	and to local governments to assist with their solid waste
1847	management activities.
1848	(19)  Authorize variances from solid waste closure rules
1849	adopted pursuant to this part, provided such variances are
1850	applied for and approved in accordance with s. 403.201 and will
1851	not result in significant threats to human health or the
1852	environment.
1853	(12)(20)  Establish accounts and deposit to the Solid Waste
1854	Management Trust Fund and control and administer moneys it may
1855	withdraw from the fund.
1856	(13)(21)  Manage a program of grants, using funds from the
1857	Solid Waste Management Trust Fund and funds provided by the
1858	Legislature for solid waste management, for programs for
1859	recycling, composting, litter control, and special waste
1860	management and for programs which provide for the safe and
1861	proper management of solid waste.
1862	(14)(22)  Budget and receive appropriated funds and accept,
1863	receive, and administer grants or other funds or gifts from
1864	public or private agencies, including the state and the Federal
1865	Government, for the purpose of carrying out the provisions of
1866	this act.
1867	(15)(23)  Delegate its powers, enter into contracts, or
1868	take such other actions as may be necessary to implement this
1869	act.
1870	(16)(24)  Receive and administer funds appropriated for
1871	county hazardous waste management assessments.
1872	(17)(25)  Provide technical assistance to local governments
1873	and regional agencies to ensure consistency between county
1874	hazardous waste management assessments; coordinate the
1875	development of such assessments with the assistance of the
1876	appropriate regional planning councils; and review and make
1877	recommendations to the Legislature relative to the sufficiency
1878	of the assessments to meet state hazardous waste management
1879	needs.
1880	(18)(26)  Increase public education and public awareness of
1881	solid and hazardous waste issues by developing and promoting
1882	statewide programs of litter control, recycling, volume
1883	reduction, and proper methods of solid waste and hazardous waste
1884	management.
1885	(19)(27)  Assist the hazardous waste storage, treatment, or
1886	disposal industry by providing to the industry any data produced
1887	on the types and quantities of hazardous waste generated.
1888	(20)(28)  Institute a hazardous waste emergency response
1889	program which would include emergency telecommunication
1890	capabilities and coordination with appropriate agencies.
1891	(21)(29)  Promulgate rules necessary to accept delegation
1892	of the hazardous waste management program from the Environmental
1893	Protection Agency under the Hazardous and Solid Waste Amendments
1894	of 1984, Pub. L. No. 98-616.
1895	(22)(30)  Adopt rules, if necessary, to address the
1896	incineration and disposal of biomedical waste and the management
1897	of biological waste within the state, whether such waste is
1898	generated within this state or outside this state, as long as
1899	such requirements and conditions are not based on the out-of-
1900	state origin of the waste and are consistent with applicable
1901	provisions of law.
1902	Section 22.  Section 403.7043, Florida Statutes, is amended
1903	to read:
1904	403.7043  Compost standards and applications.--
1905	(1)  In order to protect the state's land and water
1906	resources, compost produced, utilized, or disposed of by the
1907	composting process at solid waste management facilities in the
1908	state must meet criteria established by the department.
1909	(2)  The department shall Within 6 months after October 1,
1910	1988, the department shall initiate rulemaking to establish and
1911	maintain rules addressing standards for the production of
1912	compost and shall complete and promulgate those rules within 12
1913	months after initiating the process of rulemaking, including
1914	rules establishing:
1915	(a)  Requirements necessary to produce hygienically safe
1916	compost products for varying applications.
1917	(b)  A classification scheme for compost based on: the
1918	types of waste composted, including at least one type containing
1919	only yard trash; the maturity of the compost, including at least
1920	three degrees of decomposition for fresh, semimature, and
1921	mature; and the levels of organic and inorganic constituents in
1922	the compost. This scheme shall address:
1923	1.  Methods for measurement of the compost maturity.
1924	2.  Particle sizes.
1925	3.  Moisture content.
1926	4.  Average levels of organic and inorganic constituents,
1927	including heavy metals, for such classes of compost as the
1928	department establishes, and the analytical methods to determine
1929	those levels.
1930	(3)  Within 6 months after October 1, 1988, the department
1931	shall initiate rulemaking to prescribe the allowable uses and
1932	application rates of compost and shall complete and promulgate
1933	those rules within 12 months after initiating the process of
1934	rulemaking, based on the following criteria:
1935	(a)  The total quantity of organic and inorganic
1936	constituents, including heavy metals, allowed to be applied
1937	through the addition of compost to the soil per acre per year.
1938	(b)  The allowable uses of compost based on maturity and
1939	type of compost.
1940	(4)  If compost is produced which does not meet the
1941	criteria prescribed by the department for agricultural and other
1942	use, the compost must be reprocessed or disposed of in a manner
1943	approved by the department, unless a different application is
1944	specifically permitted by the department.
1945	(5)  The provisions of s. 403.706 shall not prohibit any
1946	county or municipality which has in place a memorandum of
1947	understanding or other written agreement as of October 1, 1988,
1948	from proceeding with plans to build a compost facility.
1949	Section 23.  Subsections (1), (2), and (3) of section
1950	403.7045, Florida Statutes, are amended to read:
1951	403.7045  Application of act and integration with other
1952	acts.--
1953	(1)  The following wastes or activities shall not be
1954	regulated pursuant to this act:
1955	(a)  Byproduct material, source material, and special
1956	nuclear material, the generation, transportation, disposal,
1957	storage, or treatment of which is regulated under chapter 404 or
1958	under the federal Atomic Energy Act of 1954, ch. 1073, 68 Stat.
1959	923, as amended;
1960	(b)  Suspended solids and dissolved materials in domestic
1961	sewage effluent or irrigation return flows or other discharges
1962	which are point sources subject to permits pursuant to
1963	provisions of this chapter or pursuant to s. 402 of the Clean
1964	Water Act, Pub. L. No. 95-217;
1965	(c)  Emissions to the air from a stationary installation or
1966	source regulated under provisions of this chapter or under the
1967	Clean Air Act, Pub. L. No. 95-95;
1968	(d)  Drilling fluids, produced waters, and other wastes
1969	associated with the exploration for, or development and
1970	production of, crude oil or natural gas which are regulated
1971	under chapter 377; or
1972	(e)  Recovered materials or recovered materials processing
1973	facilities shall not be regulated pursuant to this act, except
1974	as provided in s. 403.7046, if:
1975	1.  A majority of the recovered materials at the facility
1976	are demonstrated to be sold, used, or reused within 1 year.
1977	2.  The recovered materials handled by the facility or the
1978	products or byproducts of operations that process recovered
1979	materials are not discharged, deposited, injected, dumped,
1980	spilled, leaked, or placed into or upon any land or water by the
1981	owner or operator of such facility so that such recovered
1982	materials, products or byproducts, or any constituent thereof
1983	may enter other lands or be emitted into the air or discharged
1984	into any waters, including groundwaters, or otherwise enter the
1985	environment such that a threat of contamination in excess of
1986	applicable department standards and criteria is caused.
1987	3.  The recovered materials handled by the facility are not
1988	hazardous wastes as defined under s. 403.703, and rules
1989	promulgated pursuant thereto.
1990	4.  The facility is registered as required in s. 403.7046.
1991	(f)  Industrial byproducts, if:
1992	1.  A majority of the industrial byproducts are
1993	demonstrated to be sold, used, or reused within 1 year.
1994	2.  The industrial byproducts are not discharged,
1995	deposited, injected, dumped, spilled, leaked, or placed upon any
1996	land or water so that such industrial byproducts, or any
1997	constituent thereof, may enter other lands or be emitted into
1998	the air or discharged into any waters, including groundwaters,
1999	or otherwise enter the environment such that a threat of
2000	contamination in excess of applicable department standards and
2001	criteria or a significant threat to public health is caused.
2002	3.  The industrial byproducts are not hazardous wastes as
2003	defined under s. 403.703 and rules adopted under this section.
2004	(2)  Except as provided in s. 403.704(9) s. 403.704(15),
2005	the following wastes shall not be regulated as a hazardous waste
2006	pursuant to this act, except when determined by the United
2007	States Environmental Protection Agency to be a hazardous waste:
2008	(a)  Ashes and scrubber sludges generated from the burning
2009	of boiler fuel for generation of electricity or steam.
2010	(b)  Agricultural and silvicultural byproduct material and
2011	agricultural and silvicultural process waste from normal farming
2012	or processing.
2013	(c)  Discarded material generated by the mining and
2014	beneficiation and chemical or thermal processing of phosphate
2015	rock, and precipitates resulting from neutralization of
2016	phosphate chemical plant process and nonprocess waters.
2017	(3)  The following wastes or activities shall be regulated
2018	pursuant to this act in the following manner:
2019	(a)  Dredged material that is generated as part of a
2020	project permitted under part IV of chapter 373 or chapter 161,
2021	or that is authorized to be removed from sovereign submerged
2022	lands under chapter 253, Dredge spoil or fill material shall be
2023	managed in accordance with the conditions of that permit or
2024	authorization unless the dredged material is regulated as
2025	hazardous waste pursuant to this part disposed of pursuant to a
2026	dredge and fill permit, but whenever hazardous components are
2027	disposed of within the dredge or fill material, the dredge and
2028	fill permits shall specify the specific hazardous wastes
2029	contained and the concentration of each such waste. If the
2030	dredged material contains hazardous substances, the department
2031	may further then limit or restrict the sale or use of the
2032	dredged dredge and fill material and may specify such other
2033	conditions relative to this material as are reasonably necessary
2034	to protect the public from the potential hazards.
2035	(b)  Hazardous wastes that which are contained in
2036	artificial recharge waters or other waters intentionally
2037	introduced into any underground formation and that which are
2038	permitted pursuant to s. 373.106 shall also be handled in
2039	compliance with the requirements and standards for disposal,
2040	storage, and treatment of hazardous waste under this act.
2041	(c)  Solid waste or hazardous waste facilities that which
2042	are operated as a part of the normal operation of a power
2043	generating facility and which are licensed by certification
2044	pursuant to the Florida Electrical Power Plant Siting Act, ss.
2045	403.501-403.518, shall undergo such certification subject to the
2046	substantive provisions of this act.
2047	(d)  Biomedical waste and biological waste shall be
2048	disposed of only as authorized by the department. However, any
2049	person who unknowingly disposes into a sanitary landfill or
2050	waste-to-energy facility any such waste that which has not been
2051	properly segregated or separated from other solid wastes by the
2052	generating facility is not guilty of a violation under this act.
2053	Nothing in This paragraph does not shall be construed to
2054	prohibit the department from seeking injunctive relief pursuant
2055	to s. 403.131 to prohibit the unauthorized disposal of
2056	biomedical waste or biological waste.
2057	Section 24.  Section 403.707, Florida Statutes, is amended
2058	to read:
2059	403.707  Permits.--
2060	(1)  A No solid waste management facility may not be
2061	operated, maintained, constructed, expanded, modified, or closed
2062	without an appropriate and currently valid permit issued by the
2063	department. The department may by rule exempt specified types of
2064	facilities from the requirement for a permit if it determines
2065	that construction for operation of the facility is not expected
2066	to create any significant threat to the environment or public
2067	health. For purposes of this part, and only when specified by
2068	department rule, a permit may include registrations as well as
2069	other forms of licenses as defined in s. 120.52. Solid waste
2070	construction permits issued under this section may include any
2071	permit conditions necessary to achieve compliance with the
2072	recycling requirements of this act. The department shall pursue
2073	reasonable timeframes for closure and construction requirements,
2074	considering pending federal requirements and implementation
2075	costs to the permittee. The department shall adopt a rule
2076	establishing performance standards for construction and closure
2077	of solid waste management facilities. The standards shall allow
2078	flexibility in design and consideration for site-specific
2079	characteristics.
2080	(2)  Except as provided in s. 403.722(6), no permit under
2081	this section is required for the following, provided that the
2082	activity shall not create a public nuisance or any condition
2083	adversely affecting the environment or public health and shall
2084	not violate other state or local laws, ordinances, rules,
2085	regulations, or orders:
2086	(a)  Disposal by persons of solid waste resulting from
2087	their own activities on their own property, provided such waste
2088	is either ordinary household waste from their residential
2089	property or is rocks, soils, trees, tree remains, and other
2090	vegetative matter that which normally result from land
2091	development operations. Disposal of materials that which could
2092	create a public nuisance or adversely affect the environment or
2093	public health, such as: white goods; automotive materials, such
2094	as batteries and tires; petroleum products; pesticides;
2095	solvents; or hazardous substances, is not covered under this
2096	exemption.
2097	(b)  Storage in containers by persons of solid waste
2098	resulting from their own activities on their property, leased or
2099	rented property, or property subject to a homeowners or
2100	maintenance association for which the person contributes
2101	association assessments, if the solid waste in such containers
2102	is collected at least once a week.
2103	(c)  Disposal by persons of solid waste resulting from
2104	their own activities on their property, provided the
2105	environmental effects of such disposal on groundwater and
2106	surface waters are:
2107	1.  Addressed or authorized by a site certification order
2108	issued under part II or a permit issued by the department
2109	pursuant to this chapter or rules adopted pursuant thereto; or
2110	2.  Addressed or authorized by, or exempted from the
2111	requirement to obtain, a groundwater monitoring plan approved by
2112	the department.
2113	(d)  Disposal by persons of solid waste resulting from
2114	their own activities on their own property, provided that such
2115	disposal occurred prior to October 1, 1988.
2116	(e)  Disposal of solid waste resulting from normal farming
2117	operations as defined by department rule. Polyethylene
2118	agricultural plastic, damaged, nonsalvageable, untreated wood
2119	pallets, and packing material that cannot be feasibly recycled,
2120	which are used in connection with agricultural operations
2121	related to the growing, harvesting, or maintenance of crops, may
2122	be disposed of by open burning, provided that no public nuisance
2123	or any condition adversely affecting the environment or the
2124	public health is created thereby and that state or federal
2125	ambient air quality standards are not violated.
2126	(f)  The use of clean debris as fill material in any area.
2127	However, this paragraph does not exempt any person from
2128	obtaining any other required permits, nor does it affect a
2129	person's responsibility to dispose of clean debris appropriately
2130	if it is not to be used as fill material.
2131	(g)  Compost operations that produce less than 50 cubic
2132	yards of compost per year when the compost produced is used on
2133	the property where the compost operation is located.
2134	(3)  All applicable provisions of ss. 403.087 and 403.088,
2135	relating to permits, apply to the control of solid waste
2136	management facilities.
2137	(4)  When application for a construction permit for a Class
2138	I or Class II solid waste disposal area is made, it is the duty
2139	of the department to provide a copy of the application, within 7
2140	days after filing, to the water management district having
2141	jurisdiction where the area is to be located. The water
2142	management district may prepare an advisory report as to the
2143	impact on water resources. This report shall contain the
2144	district's recommendations as to the disposition of the
2145	application and shall be submitted to the department no later
2146	than 30 days prior to the deadline for final agency action by
2147	the department. However, the failure of the department or the
2148	water management district to comply with the provisions of this
2149	subsection shall not be the basis for the denial, revocation, or
2150	remand of any permit or order issued by the department.
2151	(5)  The department may not issue a construction permit
2152	pursuant to this part for a new solid waste landfill within
2153	3,000 feet of Class I surface waters.
2154	(6)  The department may issue a construction permit
2155	pursuant to this part only to a solid waste management facility
2156	that provides the conditions necessary to control the safe
2157	movement of wastes or waste constituents into surface or ground
2158	waters or the atmosphere and that will be operated, maintained,
2159	and closed by qualified and properly trained personnel. Such
2160	facility must if necessary:
2161	(a)  Use natural or artificial barriers which are capable
2162	of controlling lateral or vertical movement of wastes or waste
2163	constituents into surface or ground waters.
2164	(b)  Have a foundation or base that is capable of providing
2165	support for structures and waste deposits and capable of
2166	preventing foundation or base failure due to settlement,
2167	compression, or uplift.
2168	(c)  Provide for the most economically feasible, cost-
2169	effective, and environmentally safe control of leachate, gas,
2170	stormwater, and disease vectors and prevent the endangerment of
2171	public health and the environment.
2172
2173	Open fires, air-curtain incinerators, or trench burning may not
2174	be used as a means of disposal at a solid waste management
2175	facility, unless permitted by the department under s. 403.087.
2176	(7)  Prior to application for a construction permit, an
2177	applicant shall designate to the department temporary backup
2178	disposal areas or processes for the resource recovery facility.
2179	Failure to designate temporary backup disposal areas or
2180	processes shall result in a denial of the construction permit.
2181	(8)  The department may refuse to issue a permit to an
2182	applicant who by past conduct in this state has repeatedly
2183	violated pertinent statutes, rules, or orders or permit terms or
2184	conditions relating to any solid waste management facility and
2185	who is deemed to be irresponsible as defined by department rule.
2186	For the purposes of this subsection, an applicant includes the
2187	owner or operator of the facility, or if the owner or operator
2188	is a business entity, a parent of a subsidiary corporation, a
2189	partner, a corporate officer or director, or a stockholder
2190	holding more than 50 percent of the stock of the corporation.
2191	(9)  Before or on the same day of filing with the
2192	department of an application for any construction permit for the
2193	incineration of biomedical waste which the department may
2194	require by rule, the applicant shall notify each city and county
2195	within 1 mile of the facility of the filing of the application
2196	and shall publish notice of the filing of the application. The
2197	applicant shall publish a second notice of the filing within 14
2198	days after the date of filing. Each notice shall be published in
2199	a newspaper of general circulation in the county in which the
2200	facility is located or is proposed to be located.
2201	Notwithstanding the provisions of chapter 50, for purposes of
2202	this section, a "newspaper of general circulation" shall be the
2203	newspaper within the county in which the installation or
2204	facility is proposed which has the largest daily circulation in
2205	that county and has its principal office in that county. If the
2206	newspaper with the largest daily circulation has its principal
2207	office outside the county, the notice shall appear in both the
2208	newspaper with the largest daily circulation in that county, and
2209	a newspaper authorized to publish legal notices in that county.
2210	The notice shall contain:
2211	(a)  The name of the applicant and a brief description of
2212	the facility and its location.
2213	(b)  The location of the application file and when it is
2214	available for public inspection.
2215
2216	The notice shall be prepared by the applicant and shall comply
2217	with the following format:
2218
2219	Notice of Application
2220
2221	The Department of Environmental Protection announces receipt of
2222	an application for a permit from (name of applicant) to (brief
2223	description of project). This proposed project will be located
2224	at (location) in (county) (city).
2225
2226	This application is being processed and is available for public
2227	inspection during normal business hours, 8:00 a.m. to 5:00 p.m.,
2228	Monday through Friday, except legal holidays, at (name and
2229	address of office).
2230
2231	(10)  A permit, which the department may require by rule,
2232	for the incineration of biomedical waste, may not be transferred
2233	by the permittee to any other entity, except in conformity with
2234	the requirements of this subsection.
2235	(a)  Within 30 days after the sale or legal transfer of a
2236	permitted facility, the permittee shall file with the department
2237	an application for transfer of the permits on such form as the
2238	department shall establish by rule. The form must be completed
2239	with the notarized signatures of both the transferring permittee
2240	and the proposed permittee.
2241	(b)  The department shall approve the transfer of a permit
2242	unless it determines that the proposed permittee has not
2243	provided reasonable assurances that the proposed permittee has
2244	the administrative, technical, and financial capability to
2245	properly satisfy the requirements and conditions of the permit,
2246	as determined by department rule. The determination shall be
2247	limited solely to the ability of the proposed permittee to
2248	comply with the conditions of the existing permit, and it shall
2249	not concern the adequacy of the permit conditions. If the
2250	department proposes to deny the transfer, it shall provide both
2251	the transferring permittee and the proposed permittee a written
2252	objection to such transfer together with notice of a right to
2253	request a proceeding on such determination under chapter 120.
2254	(c)  Within 90 days after receiving a properly completed
2255	application for transfer of a permit, the department shall issue
2256	a final determination. The department may toll the time for
2257	making a determination on the transfer by notifying both the
2258	transferring permittee and the proposed permittee that
2259	additional information is required to adequately review the
2260	transfer request. Such notification shall be provided within 30
2261	days after receipt of an application for transfer of the permit,
2262	completed pursuant to paragraph (a). If the department fails to
2263	take action to approve or deny the transfer within 90 days after
2264	receipt of the completed application or within 90 days after
2265	receipt of the last item of timely requested additional
2266	information, the transfer shall be deemed approved.
2267	(d)  The transferring permittee is encouraged to apply for
2268	a permit transfer well in advance of the sale or legal transfer
2269	of a permitted facility. However, the transfer of the permit
2270	shall not be effective prior to the sale or legal transfer of
2271	the facility.
2272	(e)  Until the transfer of the permit is approved by the
2273	department, the transferring permittee and any other person
2274	constructing, operating, or maintaining the permitted facility
2275	shall be liable for compliance with the terms of the permit.
2276	Nothing in this section shall relieve the transferring permittee
2277	of liability for corrective actions that may be required as a
2278	result of any violations occurring prior to the legal transfer
2279	of the permit.
2280	(11)  The department shall review all permit applications
2281	for any designated Class I solid waste disposal facility. As
2282	used in this subsection, the term "designated Class I solid
2283	waste disposal facility" means any facility that is, as of May
2284	12, 1993, a solid waste disposal facility classified as an
2285	active Class I landfill by the department, that is located in
2286	whole or in part within 1,000 feet of the boundary of any
2287	municipality, but that is not located within any county with an
2288	approved charter or consolidated municipal government, is not
2289	located within any municipality, and is not operated by a
2290	municipality. The department shall not permit vertical expansion
2291	or horizontal expansion of any designated Class I solid waste
2292	disposal facility unless the application for such permit was
2293	filed before January 1, 1993, and no solid waste management
2294	facility may be operated which is a vertical expansion or
2295	horizontal expansion of a designated Class I solid waste
2296	disposal facility. As used in this subsection, the term
2297	"vertical expansion" means any activity that will result in an
2298	increase in the height of a designated Class I solid waste
2299	disposal facility above 100 feet National Geodetic Vertical
2300	Datum, except solely for closure, and the term "horizontal
2301	expansion" means any activity that will result in an increase in
2302	the ground area covered by a designated Class I solid waste
2303	disposal facility, or if within 1 mile of a designated Class I
2304	solid waste disposal facility, any new or expanded operation of
2305	any solid waste disposal facility or area, or of incineration of
2306	solid waste, or of storage of solid waste for more than 1 year,
2307	or of composting of solid waste other than yard trash.
2308	(9)(12)  The department shall establish a separate category
2309	for solid waste management facilities which accept only
2310	construction and demolition debris for disposal or recycling.
2311	The department shall establish a reasonable schedule for
2312	existing facilities to comply with this section to avoid undue
2313	hardship to such facilities. However, a permitted solid waste
2314	disposal unit that which receives a significant amount of waste
2315	prior to the compliance deadline established in this schedule
2316	shall not be required to be retrofitted with liners or leachate
2317	control systems. Facilities accepting materials defined in s.
2318	403.703(6)(b) s. 403.703(17)(b) must implement a groundwater
2319	monitoring system adequate to detect contaminants that may
2320	reasonably be expected to result from such disposal prior to the
2321	acceptance of those materials.
2322	(a)  The department shall establish reasonable
2323	construction, operation, monitoring, recordkeeping, financial
2324	assurance, and closure requirements for such facilities. The
2325	department shall take into account the nature of the waste
2326	accepted at various facilities when establishing these
2327	requirements, and may impose less stringent requirements,
2328	including a system of general permits or registration
2329	requirements, for facilities that accept only a segregated waste
2330	stream which is expected to pose a minimal risk to the
2331	environment and public health, such as clean debris. The
2332	Legislature recognizes that incidental amounts of other types of
2333	solid waste are commonly generated at construction or demolition
2334	projects. In any enforcement action taken pursuant to this
2335	section, the department shall consider the difficulty of
2336	removing these incidental amounts from the waste stream.
2337	(b)  The department shall not require liners and leachate
2338	collection systems at individual facilities unless it
2339	demonstrates, based upon the types of waste received, the
2340	methods for controlling types of waste disposed of, the
2341	proximity of groundwater and surface water, and the results of
2342	the hydrogeological and geotechnical investigations, that the
2343	facility is reasonably expected to result in violations of
2344	groundwater standards and criteria otherwise.
2345	(c)  The owner or operator shall provide financial
2346	assurance for closing of the facility in accordance with the
2347	requirements of s. 403.7125. The financial assurance shall cover
2348	the cost of closing the facility and 5 years of long-term care
2349	after closing, unless the department determines, based upon
2350	hydrogeologic conditions, the types of wastes received, or the
2351	groundwater monitoring results, that a different long-term care
2352	period is appropriate. However, unless the owner or operator of
2353	the facility is a local government, the escrow account described
2354	in s. 403.7125(2) s. 403.7125(3) may not be used as a financial
2355	assurance mechanism.
2356	(d)  The department shall establish training requirements
2357	for operators of facilities, and shall work with the State
2358	University System or other providers to assure that adequate
2359	training courses are available. The department shall also assist
2360	the Florida Home Builders Association in establishing a
2361	component of its continuing education program to address proper
2362	handling of construction and demolition debris, including best
2363	management practices for reducing contamination of the
2364	construction and demolition debris waste stream.
2365	(e)  The issuance of a permit under this subsection does
2366	not obviate the need to comply with all applicable zoning and
2367	land use regulations.
2368	(f)  A permit is not required under this section for the
2369	disposal of construction and demolition debris on the property
2370	where it is generated, but such property must be covered,
2371	graded, and vegetated as necessary when disposal is complete.
2372	(g)  It is the policy of the Legislature to encourage
2373	facilities to recycle. The department shall establish criteria
2374	and guidelines that encourage recycling where practical and
2375	provide for the use of recycled materials in a manner that
2376	protects the public health and the environment. Facilities are
2377	authorized to recycle, provided such activities do not conflict
2378	with such criteria and guidelines.
2379	(h)  The department shall ensure that the requirements of
2380	this section are applied and interpreted consistently throughout
2381	the state. In accordance with s. 20.255, the Division of Waste
2382	Management shall direct the district offices and bureaus on
2383	matters relating to the interpretation and applicability of this
2384	section.
2385	(i)  The department shall provide notice of receipt of a
2386	permit application for the initial construction of a
2387	construction and demolition debris disposal facility to the
2388	local governments having jurisdiction where the facility is to
2389	be located.
2390	(j)  The Legislature recognizes that recycling, waste
2391	reduction, and resource recovery are important aspects of an
2392	integrated solid waste management program and as such are
2393	necessary to protect the public health and the environment. If
2394	necessary to promote such an integrated program, the county may
2395	determine, after providing notice and an opportunity for a
2396	hearing prior to December 31, 2006 1996, that some or all of the
2397	wood material described in s. 403.703(6)(b) s. 403.703(17)(b)
2398	shall be excluded from the definition of "construction and
2399	demolition debris" in s. 403.703(6) s. 403.703(17) within the
2400	jurisdiction of such county. The county may make such a
2401	determination only if it finds that, prior to June 1, 2006 1996,
2402	the county has established an adequate method for the use or
2403	recycling of such wood material at an existing or proposed solid
2404	waste management facility that is permitted or authorized by the
2405	department on June 1, 2006 1996. The county shall not be
2406	required to hold a hearing if the county represents that it
2407	previously has held a hearing for such purpose, nor shall the
2408	county be required to hold a hearing if the county represents
2409	that it previously has held a public meeting or hearing that
2410	authorized such method for the use or recycling of trash or
2411	other nonputrescible waste materials and if the county further
2412	represents that such materials include those materials described
2413	in s. 403.703(6)(b) s. 403.703(17)(b). The county shall provide
2414	written notice of its determination to the department by no
2415	later than December 31, 2006 1996; thereafter, the wood
2416	materials described in s. 403.703(6)(b) s. 403.703(17)(b) shall
2417	be excluded from the definition of "construction and demolition
2418	debris" in s. 403.703(6) s. 403.703(17) within the jurisdiction
2419	of such county. The county may withdraw or revoke its
2420	determination at any time by providing written notice to the
2421	department.
2422	(k)  Brazilian pepper and other invasive exotic plant
2423	species as designated by the department resulting from
2424	eradication projects may be processed at permitted construction
2425	and demolition debris recycling facilities or disposed of at
2426	permitted construction and demolition debris disposal facilities
2427	or Class III facilities. The department may adopt rules to
2428	implement this paragraph.
2429	(10)(13)  If the department and a local government
2430	independently require financial assurance for the closure of a
2431	privately owned solid waste management facility, the department
2432	and that local government shall enter into an interagency
2433	agreement that will allow the owner or operator to provide a
2434	single financial mechanism to cover the costs of closure and any
2435	required long-term care. The financial mechanism may provide for
2436	the department and local government to be cobeneficiaries or
2437	copayees, but shall not impose duplicative financial
2438	requirements on the owner or operator. These closure costs must
2439	include at least the minimum required by department rules and
2440	must also include any additional costs required by local
2441	ordinance or regulation.
2442	(11)(14)  Before or on the same day of filing with the
2443	department of an application for a permit to construct or
2444	substantially modify a solid waste management facility, the
2445	applicant shall notify the local government having jurisdiction
2446	over the facility of the filing of the application. The
2447	applicant also shall publish notice of the filing of the
2448	application in a newspaper of general circulation in the area
2449	where the facility will be located. Notice shall be given and
2450	published in accordance with applicable department rules. The
2451	department shall not issue the requested permit until the
2452	applicant has provided the department with proof that the
2453	notices required by this subsection have been given. Issuance of
2454	a permit does not relieve an applicant from compliance with
2455	local zoning or land use ordinances, or with any other law,
2456	rules, or ordinances.
2457	(12)(15)  Construction and demolition debris must be
2458	separated from the solid waste stream and segregated in separate
2459	locations at a solid waste disposal facility or other permitted
2460	site.
2461	(13)(16)  No facility, solely by virtue of the fact that it
2462	uses processed yard trash or clean wood or paper waste as a fuel
2463	source, shall be considered to be a solid waste disposal
2464	facility.
2465	Section 25.  Section 403.7071, Florida Statutes, is created
2466	to read:
2467	403.7071  Management of storm-generated debris.--Solid
2468	waste generated as a result of a storm event that is the subject
2469	of an emergency order issued by the department may be managed as
2470	follows:
2471	(1)  The Department of Environmental Protection may issue
2472	field authorizations for staging areas in those counties
2473	affected by a storm event. Such staging areas may be used for
2474	the temporary storage and management of storm-generated debris,
2475	including the chipping, grinding, or burning of vegetative
2476	debris. Field authorizations may be requested by providing a
2477	notice to the local office of the department containing a
2478	description of the design and operation of the staging area; the
2479	location of the staging area; and the name, address, and
2480	telephone number of the site manager. Field authorizations also
2481	may be issued by the department staff without prior notice.
2482	Written records of all field authorizations shall be created and
2483	maintained by department staff. Field authorizations may include
2484	specific conditions for the operation and closure of the staging
2485	area and shall include a required closure date. A local
2486	government shall avoid locating a staging area in wetlands and
2487	other surface waters to the greatest extent possible, and the
2488	area that is used or affected by a staging area must be fully
2489	restored upon cessation of use of the area.
2490	(2)  Storm-generated vegetative debris managed at a staging
2491	area may be disposed of in a permitted lined or unlined
2492	landfill, a permitted land clearing debris facility, or a
2493	permitted construction and demolition debris disposal facility.
2494	Vegetative debris may also be managed at a permitted waste
2495	processing facility or a registered yard trash processing
2496	facility.
2497	(3)  Construction and demolition debris that is mixed with
2498	other storm-generated debris need not be segregated from other
2499	solid waste prior to disposal in a lined landfill. Construction
2500	and demolition debris that is source-separated or is separated
2501	from other hurricane-generated debris at an authorized staging
2502	area, or at another area specifically authorized by the
2503	department, may be managed at a permitted construction and
2504	demolition debris disposal or recycling facility upon approval
2505	by the department of the methods and operational practices used
2506	to inspect the waste during segregation.
2507	(4)  Unsalvageable refrigerators and freezers containing
2508	solid waste, such as rotting food, which may create a sanitary
2509	nuisance may be disposed of in a permitted lined landfill;
2510	however, chlorofluorocarbons and capacitors must be removed and
2511	recycled to the greatest extent practicable using techniques and
2512	personnel meeting relevant federal requirements.
2513	(5)  Local governments may conduct the burning of storm-
2514	generated yard trash and other vegetative debris in air-curtain
2515	incinerators without prior notice to the department. Demolition
2516	debris may also be burned in air-curtain incinerators if the
2517	material is limited to untreated wood. Within 10 days after
2518	commencing such burning, the local government shall notify the
2519	department in writing describing the general nature of the
2520	materials burned; the location and method of burning; and the
2521	name, address, and telephone number of the representative of the
2522	local government to contact concerning the work. The operator of
2523	the air-curtain incinerator is subject to any requirement to
2524	obtain an open-burning authorization from the Division of
2525	Forestry or any other agency empowered to grant such
2526	authorization.
2527	Section 26.  Section 403.708, Florida Statutes, is amended
2528	to read:
2529	403.708  Prohibition; penalty.--
2530	(1)  No person shall:
2531	(a)  Place or deposit any solid waste in or on the land or
2532	waters located within the state except in a manner approved by
2533	the department and consistent with applicable approved programs
2534	of counties or municipalities. However, nothing in this act
2535	shall be construed to prohibit the disposal of solid waste
2536	without a permit as provided in s. 403.707(2).
2537	(b)  Burn solid waste except in a manner prescribed by the
2538	department and consistent with applicable approved programs of
2539	counties or municipalities.
2540	(c)  Construct, alter, modify, or operate a solid waste
2541	management facility or site without first having obtained from
2542	the department any permit required by s. 403.707.
2543	(2)  No beverage shall be sold or offered for sale within
2544	the state in a beverage container designed and constructed so
2545	that the container is opened by detaching a metal ring or tab.
2546	(3)  For purposes of subsections (2), (9), and (10):
2547	(a)  "Degradable," with respect to any material, means that
2548	such material, after being discarded, is capable of decomposing
2549	to components other than heavy metals or other toxic substances,
2550	after exposure to bacteria, light, or outdoor elements.
2551	(a)(b)  "Beverage" means soda water, carbonated natural or
2552	mineral water, or other nonalcoholic carbonated drinks; soft
2553	drinks, whether or not carbonated; beer, ale, or other malt
2554	drink of whatever alcoholic content; or a mixed wine drink or a
2555	mixed spirit drink.
2556	(b)(c)  "Beverage container" means an airtight container
2557	which at the time of sale contains 1 gallon or less of a
2558	beverage, or the metric equivalent of 1 gallon or less, and
2559	which is composed of metal, plastic, or glass or a combination
2560	thereof.
2561	(4)  The Division of Alcoholic Beverages and Tobacco of the
2562	Department of Business and Professional Regulation may impose a
2563	fine of not more than $100 on any person currently licensed
2564	pursuant to s. 561.14 for each violation of the provisions of
2565	subsection (2). If the violation is of a continuing nature, each
2566	day during which such violation occurs shall constitute a
2567	separate and distinct offense and shall be subject to a separate
2568	fine.
2569	(5)  The Department of Agriculture and Consumer Services
2570	may impose a fine of not more than $100 on any person not
2571	currently licensed pursuant to s. 561.14 for each violation of
2572	the provisions of subsection (2). If the violation is of a
2573	continuing nature, each day during which such violation occurs
2574	shall constitute a separate and distinct offense and shall be
2575	subject to a separate fine.
2576	(6)  Fifty percent of each fine collected pursuant to
2577	subsections (4) and (5) shall be deposited into the Solid Waste
2578	Management Trust Fund. The balance of fines collected pursuant
2579	to subsection (4) shall be deposited into the Alcoholic Beverage
2580	and Tobacco Trust Fund for the use of the division for
2581	inspection and enforcement of the provisions of this section.
2582	The balance of fines collected pursuant to subsection (5) shall
2583	be deposited into the General Inspection Trust Fund for the use
2584	of the Department of Agriculture and Consumer Services for
2585	inspection and enforcement of the provisions of this section.
2586	(7)  The Division of Alcoholic Beverages and Tobacco and
2587	the Department of Agriculture and Consumer Services shall
2588	coordinate their responsibilities under the provisions of this
2589	section to ensure that inspections and enforcement are
2590	accomplished in an efficient, cost-effective manner.
2591	(8)  A person may not distribute, sell, or expose for sale
2592	in this state any plastic bottle or rigid container intended for
2593	single use unless such container has a molded label indicating
2594	the plastic resin used to produce the plastic container. The
2595	label must appear on or near the bottom of the plastic container
2596	product and be clearly visible. This label must consist of a
2597	number placed inside a triangle and letters placed below the
2598	triangle. The triangle must be equilateral and must be formed by
2599	three arrows, and, in the middle of each arrow, there must be a
2600	rounded bend that forms one apex of the triangle. The pointer,
2601	or arrowhead, of each arrow must be at the midpoint of a side of
2602	the triangle, and a short gap must separate each pointer from
2603	the base of the adjacent arrow. The three curved arrows that
2604	form the triangle must depict a clockwise path around the code
2605	number. Plastic bottles of less than 16 ounces, rigid plastic
2606	containers of less than 8 ounces, and plastic casings on lead-
2607	acid storage batteries are not required to be labeled under this
2608	section. The numbers and letters must be as follows:
2609	(a)  For polyethylene terephthalate, the letters "PETE" and
2610	the number 1.
2611	(b)  For high-density polyethylene, the letters "HDPE" and
2612	the number 2.
2613	(c)  For vinyl, the letter "V" and the number 3.
2614	(d)  For low-density polyethylene, the letters "LDPE" and
2615	the number 4.
2616	(e)  For polypropylene, the letters "PP" and the number 5.
2617	(f)  For polystyrene, the letters "PS" and the number 6.
2618	(g)  For any other, the letters "OTHER" and the number 7.
2619	(9)  No person shall distribute, sell, or expose for sale
2620	in this state any product packaged in a container or packing
2621	material manufactured with fully halogenated chlorofluorocarbons
2622	(CFC). Producers of containers or packing material manufactured
2623	with chlorofluorocarbons (CFC) are urged to introduce
2624	alternative packaging materials which are environmentally
2625	compatible.
2626	(10)  The packaging of products manufactured or sold in the
2627	state may not be controlled by governmental rule, regulation, or
2628	ordinance adopted after March 1, 1974, other than as expressly
2629	provided in this act.
2630	(11)  Violations of this part or rules, regulations,
2631	permits, or orders issued thereunder by the department and
2632	violations of approved local programs of counties or
2633	municipalities or rules, regulations, or orders issued
2634	thereunder shall be punishable by a civil penalty as provided in
2635	s. 403.141.
2636	(12)  The department or any county or municipality may also
2637	seek to enjoin the violation of, or enforce compliance with,
2638	this part or any program adopted hereunder as provided in s.
2639	403.131.
2640	(13)  In accordance with the following schedule, no person
2641	who knows or who should know of the nature of such solid waste
2642	shall dispose of such solid waste in landfills:
2643	(a)  Lead-acid batteries, after January 1, 1989. Lead-acid
2644	batteries also may shall not be disposed of in any waste-to-
2645	energy facility after January 1, 1989. To encourage proper
2646	collection and recycling, all persons who sell lead-acid
2647	batteries at retail shall accept used lead-acid batteries as
2648	trade-ins for new lead-acid batteries.
2649	(b)  Used oil, after October 1, 1988.
2650	(c)  Yard trash, after January 1, 1992, except in lined
2651	unlined landfills classified by department rule as Class I
2652	landfills. Yard trash that is source separated from solid waste
2653	may be accepted at a solid waste disposal area where the area
2654	provides and maintains separate yard trash composting
2655	facilities. The department recognizes that incidental amounts of
2656	yard trash may be disposed of in Class I lined landfills. In any
2657	enforcement action taken pursuant to this paragraph, the
2658	department shall consider the difficulty of removing incidental
2659	amounts of yard trash from a mixed solid waste stream.
2660	(d)  White goods, after January 1, 1990.
2661
2662	Prior to the effective dates specified in paragraphs (a)-(d),
2663	the department shall identify and assist in developing
2664	alternative disposal, processing, or recycling options for the
2665	solid wastes identified in paragraphs (a)-(d).
2666	Section 27.  Section 403.709, Florida Statutes, is amended
2667	to read:
2668	403.709  Solid Waste Management Trust Fund; use of waste
2669	tire fees.--There is created the Solid Waste Management Trust
2670	Fund, to be administered by the department.
2671	(1)  From The annual revenues deposited in the trust fund,
2672	unless otherwise specified in the General Appropriations Act,
2673	shall be used for the following purposes:
2674	(a)(1)  Up to 40 percent shall be used for Funding solid
2675	waste activities of the department and other state agencies,
2676	such as providing technical assistance to local governments and
2677	the private sector, performing solid waste regulatory and
2678	enforcement functions, preparing solid waste documents, and
2679	implementing solid waste education programs.
2680	(b)(2)  Up to 4.5 percent shall be used for Funding
2681	research and training programs relating to solid waste
2682	management through the Center for Solid and Hazardous Waste
2683	Management and other organizations which can reasonably
2684	demonstrate the capability to carry out such projects.
2685	(c)(3)  Up to 11 percent shall be used for Funding to
2686	supplement any other funds provided to the Department of
2687	Agriculture and Consumer Services for mosquito control. This
2688	distribution shall be annually transferred to the General
2689	Inspection Trust Fund in the Department of Agriculture and
2690	Consumer Services to be used for mosquito control, especially
2691	control of West Nile Virus.
2692	(d)(4)  Up to 4.5 percent shall be used for Funding to the
2693	Department of Transportation for litter prevention and control
2694	programs coordinated by Keep Florida Beautiful, Inc.
2695	(e)(5)  A minimum of 40 percent shall be used for Funding a
2696	competitive and innovative grant program pursuant to s. 403.7095
2697	for activities relating to recycling and reducing the volume of
2698	municipal solid waste, including waste tires requiring final
2699	disposal.
2700	(2)(6)  The department shall recover to the use of the fund
2701	from the site owner or the person responsible for the
2702	accumulation of tires at the site, jointly and severally, all
2703	sums expended from the fund pursuant to this section to manage
2704	tires at an illegal waste tire site, except that the department
2705	may decline to pursue such recovery if it finds the amount
2706	involved too small or the likelihood of recovery too uncertain.
2707	If a court determines that the owner is unable or unwilling to
2708	comply with the rules adopted pursuant to this section or s.
2709	403.717, the court may authorize the department to take
2710	possession and control of the waste tire site in order to
2711	protect the health, safety, and welfare of the community and the
2712	environment.
2713	(3)(7)  The department may impose a lien on the real
2714	property on which the waste tire site is located and the waste
2715	tires equal to the estimated cost to bring the tire site into
2716	compliance, including attorney's fees and court costs. Any owner
2717	whose property has such a lien imposed may release her or his
2718	property from any lien claimed under this subsection by filing
2719	with the clerk of the circuit court a cash or surety bond,
2720	payable to the department in the amount of the estimated cost of
2721	bringing the tire site into compliance with department rules,
2722	including attorney's fees and court costs, or the value of the
2723	property after the abatement action is complete, whichever is
2724	less. No lien provided by this subsection shall continue for a
2725	period longer than 4 years after the completion of the abatement
2726	action unless within that time an action to enforce the lien is
2727	commenced in a court of competent jurisdiction. The department
2728	may take action to enforce the lien in the same manner used for
2729	construction liens under part I of chapter 713.
2730	(4)(8)  This section does not limit the use of other
2731	remedies available to the department.
2732	Section 28.  Subsection (5) of section 403.7095, Florida
2733	Statutes, is amended to read:
2734	403.7095  Solid waste management grant program.--
2735	(5)  From the funds made available pursuant to s.
2736	403.709(1)(e) s. 403.709(5) for the grant program created by
2737	this section, the following distributions shall be made:
2738	(a)  Up to 15 percent for the program described in
2739	subsection (1);
2740	(b)  Up to 35 percent for the program described in
2741	subsection (3); and
2742	(c)  Up to 50 percent for the program described in
2743	subsection (4).
2744	Section 29.  Section 403.7125, Florida Statutes, is amended
2745	to read:
2746	403.7125  Financial assurance for closure Landfill
2747	management escrow account.--
2748	(1)  As used in this section:
2749	(a)  "Landfill" means any solid waste land disposal area
2750	for which a permit, other than a general permit, is required by
2751	s. 403.707 that receives solid waste for disposal in or upon
2752	land other than a land-spreading site, injection well, or a
2753	surface impoundment.
2754	(b)  "Closure" means the ceasing operation of a landfill
2755	and securing such landfill so that it does not pose a
2756	significant threat to public health or the environment and
2757	includes long-term monitoring and maintenance of a landfill.
2758	(c)  "Owner or operator" means, in addition to the usual
2759	meanings of the term, any owner of record of any interest in
2760	land whereon a landfill is or has been located and any person or
2761	corporation which owns a majority interest in any other
2762	corporation which is the owner or operator of a landfill.
2763	(1)(2)  Every owner or operator of a landfill is jointly
2764	and severally liable for the improper operation and closure of
2765	the landfill, as provided by law. As used in this section, the
2766	term "owner or operator" means any owner of record of any
2767	interest in land wherein a landfill is or has been located and
2768	any person or corporation that owns a majority interest in any
2769	other corporation that is the owner or operator of a landfill.
2770	(2)(3)  The owner or operator of a landfill owned or
2771	operated by a local or state government or the Federal
2772	Government shall establish a fee, or a surcharge on existing
2773	fees or other appropriate revenue-producing mechanism, to ensure
2774	the availability of financial resources for the proper closure
2775	of the landfill. However, the disposal of solid waste by persons
2776	on their own property, as described in s. 403.707(2), is exempt
2777	from the provisions of this section.
2778	(a)  The revenue-producing mechanism must produce revenue
2779	at a rate sufficient to generate funds to meet state and federal
2780	landfill closure requirements.
2781	(b)  The revenue shall be deposited in an interest-bearing
2782	escrow account to be held and administered by the owner or
2783	operator. The owner or operator shall file with the department
2784	an annual audit of the account. The audit shall be conducted by
2785	an independent certified public accountant. Failure to collect
2786	or report such revenue, except as allowed in subsection (3) (4),
2787	is a noncriminal violation punishable by a fine of not more than
2788	$5,000 for each offense. The owner or operator may make
2789	expenditures from the account and its accumulated interest only
2790	for the purpose of landfill closure and, if such expenditures do
2791	not deplete the fund to the detriment of eventual closure, for
2792	planning and construction of resource recovery or landfill
2793	facilities. Any moneys remaining in the account after paying for
2794	proper and complete closure, as determined by the department,
2795	shall, if the owner or operator does not operate a landfill, be
2796	deposited by the owner or operator into the general fund or the
2797	appropriate solid waste fund of the local government of
2798	jurisdiction.
2799	(c)  The revenue generated under this subsection and any
2800	accumulated interest thereon may be applied to the payment of,
2801	or pledged as security for, the payment of revenue bonds issued
2802	in whole or in part for the purpose of complying with state and
2803	federal landfill closure requirements. Such application or
2804	pledge may be made directly in the proceedings authorizing such
2805	bonds or in an agreement with an insurer of bonds to assure such
2806	insurer of additional security therefor.
2807	(d)  The provisions of s. 212.055 that relate to raising of
2808	revenues for landfill closure or long-term maintenance do not
2809	relieve a landfill owner or operator from the obligations of
2810	this section.
2811	(e)  The owner or operator of any landfill that had
2812	established an escrow account in accordance with this section
2813	and the conditions of its permit prior to January 1, 2006, may
2814	continue to use that escrow account to provide financial
2815	assurance for closure of that landfill, even if that landfill is
2816	not owned or operated by a local or state government or the
2817	Federal Government.
2818	(3)(4)  An owner or operator of a landfill owned or
2819	operated by a local or state government or by the Federal
2820	Government may provide financial assurance to establish proof of
2821	financial responsibility with the department in lieu of the
2822	requirements of subsection (2) (3). An owner or operator of any
2823	other landfill, or any other solid waste management facility
2824	designated by department rule, shall provide financial assurance
2825	to the department for the closure of the facility. Such
2826	financial assurance proof may include surety bonds, certificates
2827	of deposit, securities, letters of credit, or other documents
2828	showing that the owner or operator has sufficient financial
2829	resources to cover, at a minimum, the costs of complying with
2830	applicable landfill closure requirements. The owner or operator
2831	shall estimate such costs to the satisfaction of the department.
2832	(4)(5)  This section does not repeal, limit, or abrogate
2833	any other law authorizing local governments to fix, levy, or
2834	charge rates, fees, or charges for the purpose of complying with
2835	state and federal landfill closure requirements.
2836	(5)(6)  The department shall adopt rules to implement this
2837	section.
2838	Section 30.  Section 403.716, Florida Statutes, is amended
2839	to read:
2840	403.716  Training of operators of solid waste management
2841	and other facilities.--
2842	(1)  The department shall establish qualifications for, and
2843	encourage the development of training programs for, operators of
2844	landfills, coordinators of local recycling programs, operators
2845	of waste-to-energy facilities, biomedical waste incinerators,
2846	and mobile soil thermal treatment units or facilities, and
2847	operators of other solid waste management facilities.
2848	(2)  The department shall work with accredited community
2849	colleges, career centers, state universities, and private
2850	institutions in developing educational materials, courses of
2851	study, and other such information to be made available for
2852	persons seeking to be trained as operators of solid waste
2853	management facilities.
2854	(3)  A person may not perform the duties of an operator of
2855	a landfill, or perform the duties of an operator of a waste-to-
2856	energy facility, biomedical waste incinerator, or mobile soil
2857	thermal treatment unit or facility, unless she or he has
2858	completed an operator training course approved by the department
2859	or she or he has qualified as an interim operator in compliance
2860	with requirements established by the department by rule. An
2861	owner of a landfill, waste-to-energy facility, biomedical waste
2862	incinerator, or mobile soil thermal treatment unit or facility
2863	may not employ any person to perform the duties of an operator
2864	unless such person has completed an approved landfill, waste-to-
2865	energy facility, biomedical waste incinerator, or mobile soil
2866	thermal treatment unit or facility operator training course, as
2867	appropriate, or has qualified as an interim operator in
2868	compliance with requirements established by the department by
2869	rule. The department may establish by rule operator training
2870	requirements for other solid waste management facilities and
2871	facility operators.
2872	(4)  The department has authority to adopt minimum
2873	standards and other rules pursuant to ss. 120.536(1) and 120.54
2874	to implement the provisions of this section. The department
2875	shall ensure the safe, healthy, and lawful operation of solid
2876	waste management facilities in this state. The department may
2877	establish by rule various classifications for operators to cover
2878	the need for differing levels of training required to operate
2879	various types of solid waste management facilities due to
2880	different operating requirements at such facilities.
2881	(5)  For purposes of this section, the term "operator"
2882	means any person, including the owner, who is principally
2883	engaged in, and is in charge of, the actual operation,
2884	supervision, and maintenance of a solid waste management
2885	facility and includes the person in charge of a shift or period
2886	of operation during any part of the day.
2887	Section 31.  Section 403.717, Florida Statutes, is amended
2888	to read:
2889	403.717  Waste tire and lead-acid battery requirements.--
2890	(1)  For purposes of this section and ss. 403.718 and
2891	403.7185:
2892	(a)  "Department" means the Department of Environmental
2893	Protection.
2894	(b)  "Motor vehicle" means an automobile, motorcycle,
2895	truck, trailer, semitrailer, truck tractor and semitrailer
2896	combination, or any other vehicle operated in this state, used
2897	to transport persons or property and propelled by power other
2898	than muscular power, but the term does not include traction
2899	engines, road rollers, such vehicles as run only upon a track,
2900	bicycles, mopeds, or farm tractors and trailers.
2901	(c)  "Tire" means a continuous solid or pneumatic rubber
2902	covering encircling the wheel of a motor vehicle.
2903	(d)  "Waste tire" means a tire that has been removed from a
2904	motor vehicle and has not been retreaded or regrooved. "Waste
2905	tire" includes, but is not limited to, used tires and processed
2906	tires. The term does not include solid rubber tires and tires
2907	that are inseparable from the rim.
2908	(e)  "Waste tire collection center" means a site where
2909	waste tires are collected from the public prior to being offered
2910	for recycling and where fewer than 1,500 tires are kept on the
2911	site on any given day.
2912	(f)  "Waste tire processing facility" means a site where
2913	equipment is used to treat waste tires mechanically, chemically,
2914	or thermally so that the resulting material is a marketable
2915	product or is suitable for proper disposal recapture reusable
2916	byproducts from waste tires or to cut, burn, or otherwise alter
2917	waste tires so that they are no longer whole. The term includes
2918	mobile waste tire processing equipment.
2919	(g)  "Waste tire site" means a site at which 1,500 or more
2920	waste tires are accumulated.
2921	(h)  "Lead-acid battery" means a those lead-acid battery
2922	batteries designed for use in motor vehicles, vessels, and
2923	aircraft, and includes such batteries when sold new as a
2924	component part of a motor vehicle, vessel, or aircraft, but not
2925	when sold to recycle components.
2926	(i)  "Indoor" means within a structure that which excludes
2927	rain and public access and would control air flows in the event
2928	of a fire.
2929	(j)  "Processed tire" means a tire that has been treated
2930	mechanically, chemically, or thermally so that the resulting
2931	material is a marketable product or is suitable for proper
2932	disposal.
2933	(k)  "Used tire" means a waste tire which has a minimum
2934	tread depth of 3/32 inch or greater and is suitable for use on a
2935	motor vehicle.
2936	(2)  The owner or operator of any waste tire site shall
2937	provide the department with information concerning the site's
2938	location, size, and the approximate number of waste tires that
2939	are accumulated at the site and shall initiate steps to comply
2940	with subsection (3).
2941	(3)(a)  A person may not maintain a waste tire site unless
2942	such site is:
2943	1.  An integral part of the person's permitted waste tire
2944	processing facility; or
2945	2.  Used for the storage of waste tires prior to processing
2946	and is located at a permitted solid waste management facility.
2947	(b)  It is unlawful for any person to dispose of waste
2948	tires or processed tires in the state except at a permitted
2949	solid waste management facility. Collection or storage of waste
2950	tires at a permitted waste tire processing facility or waste
2951	tire collection center prior to processing or use does not
2952	constitute disposal, provided that the collection and storage
2953	complies with rules established by the department.
2954	(c)  Whole waste tires may not be deposited in a landfill
2955	as a method of ultimate disposal.
2956	(d)  A person may not contract with a waste tire collector
2957	for the transportation, disposal, or processing of waste tires
2958	unless the collector is registered with the department or exempt
2959	from requirements provided under this section. Any person who
2960	contracts with a waste tire collector for the transportation of
2961	more than 25 waste tires per month from a single business
2962	location must maintain records for that location and make them
2963	available for review by the department or by law enforcement
2964	officers, which records must contain the date when the tires
2965	were transported, the quantity of tires, the registration number
2966	of the collector, and the name of the driver.
2967	(4)  The department shall adopt rules to carry out the
2968	provisions of this section and s. 403.718. Such rules shall:
2969	(a)  Provide for the administration or revocation of waste
2970	tire processing facility permits, including mobile processor
2971	permits;
2972	(b)  Provide for the administration or revocation of waste
2973	tire collector registrations, the fees for which may not exceed
2974	$50 per vehicle registered annually;
2975	(c)  Provide for the administration or revocation of waste
2976	tire collection center permits, the fee for which may not exceed
2977	$250 annually;
2978	(d)  Set standards, including financial assurance
2979	standards, for waste tire processing facilities and associated
2980	waste tire sites, waste tire collection centers, waste tire
2981	collectors, and for the storage of waste tires and processed
2982	tires, including storage indoors;
2983	(e)  The department may by rule exempt not-for-hire waste
2984	tire collectors and processing facilities from financial
2985	assurance requirements;
2986	(f)  Authorize the final disposal of waste tires at a
2987	permitted solid waste disposal facility provided the tires have
2988	been cut into sufficiently small parts to assure their proper
2989	disposal; and
2990	(g)  Allow waste tire material which has been cut into
2991	sufficiently small parts to be used as daily cover material for
2992	a landfill.
2993	(5)  A permit is not required for tire storage at:
2994	(a)  A tire retreading business where fewer than 1,500
2995	waste tires are kept on the business premises;
2996	(b)  A business that, in the ordinary course of business,
2997	removes tires from motor vehicles if fewer than 1,500 of these
2998	tires are kept on the business premises; or
2999	(c)  A retail tire-selling business which is serving as a
3000	waste tire collection center if fewer than 1,500 waste tires are
3001	kept on the business premises.
3002	(5)(6)(a)  The department shall encourage the voluntary
3003	establishment of waste tire collection centers at retail tire-
3004	selling businesses, waste tire processing facilities, and solid
3005	waste disposal facilities, to be open to the public for the
3006	deposit of waste tires.
3007	(b)  The department is authorized to establish an
3008	incentives program for individuals to encourage them to return
3009	their waste tires to a waste tire collection center. The
3010	incentives used by the department may involve the use of
3011	discount or prize coupons, prize drawings, promotional
3012	giveaways, or other activities the department determines will
3013	promote collection, reuse, volume reduction, and proper disposal
3014	of waste tires.
3015	(c)  The department may contract with a promotion company
3016	to administer the incentives program.
3017	Section 32.  Section 403.7221, Florida Statutes, is
3018	transferred, renumbered as section 403.70715, Florida Statutes,
3019	and amended to read:
3020	403.70715 403.7221  Research, development, and
3021	demonstration permits.--
3022	(1)  The department may issue a research, development, and
3023	demonstration permit to the owner or operator of any solid waste
3024	management facility, including any hazardous waste management
3025	facility, who proposes to utilize an innovative and experimental
3026	solid waste treatment technology or process for which permit
3027	standards have not been promulgated. Permits shall:
3028	(a)  Provide for construction and operation of the facility
3029	for not longer than 3 years 1 year, renewable no more than 3
3030	times.
3031	(b)  Provide for the receipt and treatment by the facility
3032	of only those types and quantities of solid waste which the
3033	department deems necessary for purposes of determining the
3034	performance capabilities of the technology or process and the
3035	effects of such technology or process on human health and the
3036	environment.
3037	(c)  Include requirements the department deems necessary
3038	which may include monitoring, operation, testing, financial
3039	responsibility, closure, and remedial action.
3040	(2)  The department may apply the criteria set forth in
3041	this section in establishing the conditions of each permit
3042	without separate establishment of rules implementing such
3043	criteria.
3044	(3)  For the purpose of expediting review and issuance of
3045	permits under this section, the department may, consistent with
3046	the protection of human health and the environment, modify or
3047	waive permit application and permit issuance requirements,
3048	except that there shall be no modification or waiver of
3049	regulations regarding financial responsibility or of procedures
3050	established regarding public participation.
3051	(4)  The department may order an immediate termination of
3052	all operations at the facility at any time upon a determination
3053	that termination is necessary to protect human health and the
3054	environment.
3055	Section 33.  Subsection (2) of section 403.201, Florida
3056	Statutes, is amended to read:
3057	403.201  Variances.--
3058	(2)  No variance shall be granted from any provision or
3059	requirement concerning discharges of waste into waters of the
3060	state or hazardous waste management which would result in the
3061	provision or requirement being less stringent than a comparable
3062	federal provision or requirement, except as provided in s.
3063	403.70715 s. 403.7221.
3064	Section 34.  Section 403.722, Florida Statutes, is amended
3065	to read:
3066	403.722  Permits; hazardous waste disposal, storage, and
3067	treatment facilities.--
3068	(1)  Each person who intends to or is required to
3069	construct, modify, operate, or close a hazardous waste disposal,
3070	storage, or treatment facility shall obtain a construction
3071	permit, operation permit, postclosure permit, clean closure plan
3072	approval, or corrective action permit from the department prior
3073	to constructing, modifying, operating, or closing the facility.
3074	By rule, the department may provide for the issuance of a single
3075	permit instead of any two or more hazardous waste facility
3076	permits.
3077	(2)  Any owner or operator of a hazardous waste facility in
3078	operation on the effective date of the department rule listing
3079	and identifying hazardous wastes shall file an application for a
3080	temporary operation permit within 6 months after the effective
3081	date of such rule. The department, upon receipt of a properly
3082	completed application, shall identify any department rules which
3083	are being violated by the facility and shall establish a
3084	compliance schedule. However, if the department determines that
3085	an imminent hazard exists, the department may take any necessary
3086	action pursuant to s. 403.726 to abate the hazard. The
3087	department shall issue a temporary operation permit to such
3088	facility within the time constraints of s. 120.60 upon
3089	submission of a properly completed application which is in
3090	conformance with this subsection. Temporary operation permits
3091	for such facilities shall be issued for up to 3 years only. Upon
3092	termination of the temporary operation permit and upon proper
3093	application by the facility owner or operator, the department
3094	shall issue an operation permit for such existing facilities if
3095	the applicant has corrected all of the deficiencies identified
3096	in the temporary operation permit and is in compliance with all
3097	other rules adopted pursuant to this act.
3098	(3)  Permit Applicants shall provide any information that
3099	which will enable the department to determine that the proposed
3100	construction, modification, operation, or closure, or corrective
3101	action will comply with this act and any applicable rules. In no
3102	instance shall any person construct, modify, operate, or close a
3103	facility or perform corrective actions at a facility in
3104	contravention of the standards, requirements, or criteria for a
3105	hazardous waste facility. Authorizations Permits issued under
3106	this section may include any permit conditions necessary to
3107	achieve compliance with applicable hazardous waste rules and
3108	necessary to protect human health and the environment.
3109	(4)  The department may require, in an a permit
3110	application, submission of information concerning matters
3111	specified in s. 403.721(6) as well as information respecting:
3112	(a)  Estimates of the composition, quantity, and
3113	concentration of any hazardous waste identified or listed under
3114	this act or combinations of any such waste and any other solid
3115	waste, proposed to be disposed of, treated, transported, or
3116	stored and the time, frequency, or rate at which such waste is
3117	proposed to be disposed of, treated, transported, or stored; and
3118	(b)  The site to which such hazardous waste or the products
3119	of treatment of such hazardous waste will be transported and at
3120	which it will be disposed of, treated, or stored.
3121	(5)  An authorization A permit issued pursuant to this
3122	section is not a vested right. The department may revoke or
3123	modify any such authorization permit.
3124	(a)  Authorizations Permits may be revoked for failure of
3125	the holder to comply with the provisions of this act, the terms
3126	of the authorization permit, the standards, requirements, or
3127	criteria adopted pursuant to this act, or an order of the
3128	department; for refusal by the holder to allow lawful
3129	inspection; for submission by the holder of false or inaccurate
3130	information in the permit application; or if necessary to
3131	protect the public health or the environment.
3132	(b)  Authorizations Permits may be modified, upon request
3133	of the holder permittee, if such modification is not in
3134	violation of this act or department rules or if the department
3135	finds the modification necessary to enable the facility to
3136	remain in compliance with this act and department rules.
3137	(c)  An owner or operator of a hazardous waste facility in
3138	existence on the effective date of a department rule changing an
3139	exemption or listing and identifying the hazardous wastes that
3140	which require that facility to be permitted who notifies the
3141	department pursuant to s. 403.72, and who has applied for a
3142	permit pursuant to subsection (2), may continue to operate until
3143	be issued a temporary operation permit. If such owner or
3144	operator intends to or is required to discontinue operation, the
3145	temporary operation permit must include final closure
3146	conditions.
3147	(6)  A hazardous waste facility permit issued pursuant to
3148	this section shall satisfy the permit requirements of s.
3149	403.707(1). The permit exemptions provided in s. 403.707(2)
3150	shall not apply to hazardous waste.
3151	(7)  The department may establish permit application
3152	procedures for hazardous waste facilities, which procedures may
3153	vary based on differences in amounts, types, and concentrations
3154	of hazardous waste and on differences in the size and location
3155	of facilities and which procedures may take into account
3156	permitting procedures of other laws not in conflict with this
3157	act.
3158	(8)  For authorizations permits required by this section,
3159	the department may require that a fee be paid and may establish,
3160	by rule, a fee schedule based on the degree of hazard and the
3161	amount and type of hazardous waste disposed of, stored, or
3162	treated at the facility.
3163	(9)  It shall not be a requirement for the issuance of such
3164	a hazardous waste authorization permit that the facility
3165	complies with an adopted local government comprehensive plan,
3166	local land use ordinances, zoning ordinances or regulations, or
3167	other local ordinances. However, such an authorization a permit
3168	issued by the department shall not override adopted local
3169	government comprehensive plans, local land use ordinances,
3170	zoning ordinances or regulations, or other local ordinances.
3171	(10)  Notwithstanding ss. 120.60(1) and 403.815:
3172	(a)  The time specified by law for permit review shall be
3173	tolled by the request of the department for publication of
3174	notice of proposed agency action to issue a permit for a
3175	hazardous waste treatment, storage, or disposal facility and
3176	shall resume 45 days after receipt by the department of proof of
3177	publication. If, within 45 days after publication of the notice
3178	of the proposed agency action, the department receives written
3179	notice of opposition to the intention of the agency to issue
3180	such permit and receives a request for a hearing, the department
3181	shall provide for a hearing pursuant to ss. 120.569 and 120.57,
3182	if requested by a substantially affected party, or an informal
3183	public meeting, if requested by any other person. The failure to
3184	request a hearing within 45 days after publication of the notice
3185	of the proposed agency action constitutes a waiver of the right
3186	to a hearing under ss. 120.569 and 120.57. The permit review
3187	time period shall continue to be tolled until the completion of
3188	such hearing or meeting and shall resume within 15 days after
3189	conclusion of a public hearing held on the application or within
3190	45 days after the recommended order is submitted to the agency
3191	and the parties, whichever is later.
3192	(b)  Within 60 days after receipt of an application for a
3193	hazardous waste facility permit, the department shall examine
3194	the application, notify the applicant of any apparent errors or
3195	omissions, and request any additional information the department
3196	is permitted by law to require. The failure to correct an error
3197	or omission or to supply additional information shall not be
3198	grounds for denial of the permit unless the department timely
3199	notified the applicant within the 60-day period, except that
3200	this paragraph does not prevent the department from denying an
3201	application if the department does not possess sufficient
3202	information to ensure that the facility is in compliance with
3203	applicable statutes and rules.
3204	(c)  The department shall approve or deny each hazardous
3205	waste facility permit within 135 days after receipt of the
3206	original application or after receipt of the requested
3207	additional information or correction of errors or omissions.
3208	However, the failure of the department to approve or deny within
3209	the 135-day time period does not result in the automatic
3210	approval or denial of the permit and does not prevent the
3211	inclusion of specific permit conditions which are necessary to
3212	ensure compliance with applicable statutes and rules. If the
3213	department fails to approve or deny the permit within the 135-
3214	day period, the applicant may petition for a writ of mandamus to
3215	compel the department to act consistently with applicable
3216	regulatory requirements.
3217	(11)  Hazardous waste facility operation permits shall be
3218	issued for no more than 5 years.
3219	(12)  On the same day of filing with the department of an
3220	application for a permit for the construction modification, or
3221	operation of a hazardous waste facility, the applicant shall
3222	notify each city and county within 1 mile of the facility of the
3223	filing of the application and shall publish notice of the filing
3224	of the application. The applicant shall publish a second notice
3225	of the filing within 14 days after the date of filing. Each
3226	notice shall be published in a newspaper of general circulation
3227	in the county in which the facility is located or is proposed to
3228	be located. Notwithstanding the provisions of chapter 50, for
3229	purposes of this section, a "newspaper of general circulation"
3230	shall be the newspaper within the county in which the
3231	installation or facility is proposed which has the largest daily
3232	circulation in that county and has its principal office in that
3233	county. If the newspaper with the largest daily circulation has
3234	its principal office outside the county, the notice shall appear
3235	in both the newspaper with the largest daily circulation in that
3236	county, and a newspaper authorized to publish legal notices in
3237	that county. The notice shall contain:
3238	(a)  The name of the applicant and a brief description of
3239	the project and its location.
3240	(b)  The location of the application file and when it is
3241	available for public inspection.
3242
3243	The notice shall be prepared by the applicant and shall comply
3244	with the following format:
3245
3246	Notice of Application
3247
3248	The Department of Environmental Protection announces receipt of
3249	an application for a permit from (name of applicant) to (brief
3250	description of project). This proposed project will be located
3251	at (location) in (county) (city).
3252
3253	This application is being processed and is available for public
3254	inspection during normal business hours, 8:00 a.m. to 5:00 p.m.,
3255	Monday through Friday, except legal holidays, at (name and
3256	address of office).
3257
3258	(13)  A permit for the construction, modification, or
3259	operation of a hazardous waste facility which initially was
3260	issued under authority of this section, may not be transferred
3261	by the permittee to any other entity, except in conformity with
3262	the requirements of this subsection.
3263	(a)  At least 30 days prior to the sale or legal transfer
3264	of a permitted facility, the permittee shall file with the
3265	department an application for transfer of the permits on such
3266	form as the department shall establish by rule. The form must be
3267	completed with the notarized signatures of both the transferring
3268	permittee and the proposed permittee.
3269	(b)  The department shall approve the transfer of a permit
3270	unless it determines that the proposed permittee has not
3271	provided reasonable assurances that the proposed permittee has
3272	the administrative, technical, and financial capability to
3273	properly satisfy the requirements and conditions of the permit,
3274	as determined by department rule. The determination shall be
3275	limited solely to the ability of the proposed permittee to
3276	comply with the conditions of the existing permit, and it shall
3277	not concern the adequacy of the permit conditions. If the
3278	department proposes to deny the transfer, it shall provide both
3279	the transferring permittee and the proposed permittee a written
3280	objection to such transfer together with notice of a right to
3281	request a proceeding on such determination under chapter 120.
3282	(c)  Within 90 days after receiving a properly completed
3283	application for transfer of permit, the department shall issue a
3284	final determination. The department may toll the time for making
3285	a determination on the transfer by notifying both the
3286	transferring permittee and the proposed permittee that
3287	additional information is required to adequately review the
3288	transfer request. Such notification shall be served within 30
3289	days after receipt of an application for transfer of permit,
3290	completed pursuant to paragraph (a). However, the failure of the
3291	department to approve or deny within the 90-day time period does
3292	not result in the automatic approval or denial of the transfer.
3293	If the department fails to approve or deny the transfer within
3294	the 90-day period, the applicant may petition for a writ of
3295	mandamus to compel the department to act consistently with
3296	applicable regulatory requirements.
3297	(d)  The transferring permittee is encouraged to apply for
3298	a permit transfer well in advance of the sale or legal transfer
3299	of a permitted facility. However, the transfer or the permit
3300	shall not be effective prior to the sale or legal transfer of
3301	the facility.
3302	(e)  Until the transfer of the permit is approved by the
3303	department, the transferring permittee and any other person
3304	constructing, operating, or maintaining the permitted facility
3305	shall be liable for compliance with the terms of the permit.
3306	Nothing in this section shall relieve the transferring permittee
3307	of liability for corrective actions that may be required as a
3308	result of any violations occurring prior to the legal transfer
3309	of the permit.
3310	Section 35.  Subsection (2) of section 403.7226, Florida
3311	Statutes, is amended to read:
3312	403.7226  Technical assistance by the department.--The
3313	department shall:
3314	(2)  Identify short-term needs and long-term needs for
3315	hazardous waste management for the state on the basis of the
3316	information gathered through the local hazardous waste
3317	management assessments and other information from state and
3318	federal regulatory agencies and sources. The state needs
3319	assessment must be ongoing and must be updated when new data
3320	concerning waste generation and waste management technologies
3321	become available. The department shall annually send a copy of
3322	this assessment to the Governor and to the Legislature.
3323	Section 36.  Subsection (3) of section 403.724, Florida
3324	Statutes, is amended to read:
3325	403.724  Financial responsibility.--
3326	(3)  The amount of financial responsibility required shall
3327	be approved by the department upon each issuance, renewal, or
3328	modification of a hazardous waste facility authorization permit.
3329	Such factors as inflation rates and changes in operation may be
3330	considered when approving financial responsibility for the
3331	duration of the authorization permit. The Office of Insurance
3332	Regulation of the Department of Financial Services Commission
3333	shall be available to assist the department in making this
3334	determination. In approving or modifying the amount of financial
3335	responsibility, the department shall consider:
3336	(a)  The amount and type of hazardous waste involved;
3337	(b)  The probable damage to human health and the
3338	environment;
3339	(c)  The danger and probable damage to private and public
3340	property near the facility;
3341	(d)  The probable time that the hazardous waste and
3342	facility involved will endanger the public health, safety, and
3343	welfare or the environment; and
3344	(e)  The probable costs of properly closing the facility
3345	and performing corrective action.
3346	Section 37.  Section 403.7255, Florida Statutes, is amended
3347	to read:
3348	403.7255  Placement of signs Department to adopt rules.--
3349	(1)  The department shall adopt rules which establish
3350	requirements and procedures for the placement of Signs must be
3351	placed by the owner or operator at sites which may have been
3352	contaminated by hazardous wastes. Sites shall include any site
3353	in the state which that is listed or proposed for listing on the
3354	Superfund Site List of the United States Environmental
3355	Protection Agency or any site identified by the department as a
3356	suspected or confirmed contaminated site contaminated by
3357	hazardous waste where there is may be a risk of exposure to the
3358	public. The requirements of this section shall not apply to
3359	sites reported under ss. 376.3071 and 376.3072. The department
3360	shall establish requirements and procedures for the placement of
3361	signs, and may do so in rules, permits, orders, or other
3362	authorizations. The authorization rules shall establish the
3363	appropriate size for such signs, which size shall be no smaller
3364	than 2 feet by 2 feet, and shall provide in clearly legible
3365	print appropriate warning language for the waste or other
3366	materials at the site and a telephone number which may be called
3367	for further information.
3368	(2)  Violations of this act are punishable as provided in
3369	s. 403.161(4).
3370	(3)  The provisions of this act are independent of and
3371	cumulative to any other requirements and remedies in this
3372	chapter or chapter 376, or any rules promulgated thereunder.
3373	Section 38.  Subsection (5) of section 403.726, Florida
3374	Statutes, is amended to read:
3375	403.726  Abatement of imminent hazard caused by hazardous
3376	substance.--
3377	(5)  The department may issue a permit or order requiring
3378	prompt abatement of an imminent hazard.
3379	Section 39.  Subsection (8) of section 403.7265, Florida
3380	Statutes, is amended to read:
3381	403.7265  Local hazardous waste collection program.--
3382	(8)  The department has the authority to establish an
3383	additional local project grant program enabling a local
3384	hazardous waste collection center grantee to receive funding for
3385	unique projects that improve the collection and lower the
3386	incidence of improper management of conditionally exempt or
3387	household hazardous waste. Eligible local governments may
3388	receive up to $50,000 in grant funds for these unique and
3389	innovative projects, provided they match 25 percent of the grant
3390	amount. If the department finds that the project has statewide
3391	applicability and immediate benefits to other local hazardous
3392	waste collection programs in the state, matching funds are not
3393	required. This grant will not count toward the $100,000 maximum
3394	grant amount for development of a collection center.
3395	Section 40.  Section 403.885, Florida Statutes, is amended
3396	to read:
3397	403.885  Stormwater management; wastewater management; and
3398	Water Restoration Water Projects Grant Program.--
3399	(1)  The Department of Environmental Protection shall
3400	administer a grant program to use funds transferred pursuant to
3401	s. 212.20 to the Ecosystem Management and Restoration Trust Fund
3402	or other moneys as appropriated by the Legislature for
3403	stormwater management, wastewater management, and water
3404	restoration and other water projects as specifically
3405	appropriated by the Legislature project grants. Eligible
3406	recipients of such grants include counties, municipalities,
3407	water management districts, and special districts that have
3408	legal responsibilities for water quality improvement, storm
3409	water management, wastewater management, and lake and river
3410	water restoration projects., and drinking water projects are not
3411	eligible for funding pursuant to this section.
3412	(2)  The grant program shall provide for the evaluation of
3413	annual grant proposals. The department shall evaluate such
3414	proposals to determine if they:
3415	(a)  Protect public health and the environment.
3416	(b)  Implement plans developed pursuant to the Surface
3417	Water Improvement and Management Act created in part IV of
3418	chapter 373, other water restoration plans required by law,
3419	management plans prepared pursuant to s. 403.067, or other plans
3420	adopted by local government for water quality improvement and
3421	water restoration.
3422	(3)  In addition to meeting the criteria in subsection (2),
3423	annual grant proposals must also meet the following
3424	requirements:
3425	(a)  An application for a stormwater management project may
3426	be funded only if the application is approved by the water
3427	management district with jurisdiction in the project area.
3428	District approval must be based on a determination that the
3429	project provides a benefit to a priority water body.
3430	(b)  Except as provided in paragraph (c), an application
3431	for a wastewater management project may be funded only if:
3432	1.  The project has been funded previously through a line
3433	item in the General Appropriations Act; and
3434	2.  The project is under construction.
3435	(c)  An application for a wastewater management project
3436	that would qualify as a water pollution control project and
3437	activity in s. 403.1838 may be funded only if the project
3438	sponsor has submitted an application to the department for
3439	funding pursuant to that section.
3440	(4)  All project applicants must provide local matching
3441	funds as follows:
3442	(a)  An applicant for state funding of a stormwater
3443	management project shall provide local matching funds equal to
3444	at least 50 percent of the total cost of the project; and
3445	(b)  An applicant for state funding of a wastewater
3446	management project shall provide matching funds equal to at
3447	least 25 percent of the total cost of the project.
3448
3449	The requirement for matching funds may be waived if the
3450	applicant is a financially disadvantaged small local government
3451	as defined in subsection (5).
3452	(5)  Each fiscal year, at least 20 percent of the funds
3453	available pursuant to this section shall be used for projects to
3454	assist financially disadvantaged small local governments. For
3455	purposes of this section, the term "financially disadvantaged
3456	small local government" means a municipality having a population
3457	of 7,500 or less, a county having a population of 35,000 or
3458	less, according to the latest decennial census and a per capita
3459	annual income less than the state per capita annual income as
3460	determined by the United States Department of Commerce, or a
3461	county in an area designated by the Governor as a rural area of
3462	critical economic concern pursuant to s. 288.0656. Grants made
3463	to these eligible local governments shall not require matching
3464	local funds.
3465	(6)  Each year, stormwater management and wastewater
3466	management projects submitted for funding through the
3467	legislative process shall be submitted to the department by the
3468	appropriate fiscal committees of the House of Representatives
3469	and the Senate. The department shall review the projects and
3470	must provide each fiscal committee with a list of projects that
3471	appear to meet the eligibility requirements under this grant
3472	program.
3473	Section 41.  Paragraph (e) of subsection (3) of section
3474	373.1961, Florida Statutes, is amended to read:
3475	373.1961  Water production; general powers and duties;
3476	identification of needs; funding criteria; economic incentives;
3477	reuse funding.--
3478	(3)  FUNDING.--
3479	(e)  Applicants for projects that may receive funding
3480	assistance pursuant to the Water Protection and Sustainability
3481	Program shall, at a minimum, be required to pay 60 percent of
3482	the project's construction costs. The water management districts
3483	may, at their discretion, totally or partially waive this
3484	requirement for projects sponsored by financially disadvantaged
3485	small local governments as defined in s. 403.885(4). The water
3486	management districts or basin boards may, at their discretion,
3487	use ad valorem or federal revenues to assist a project applicant
3488	in meeting the requirements of this paragraph.
3489	Section 42.  Paragraph (b) of subsection (1) of section
3490	206.606, Florida Statutes, is amended to read:
3491	206.606  Distribution of certain proceeds.--
3492	(1)  Moneys collected pursuant to ss. 206.41(1)(g) and
3493	206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
3494	Fund. Such moneys, after deducting the service charges imposed
3495	by s. 215.20, the refunds granted pursuant to s. 206.41, and the
3496	administrative costs incurred by the department in collecting,
3497	administering, enforcing, and distributing the tax, which
3498	administrative costs may not exceed 2 percent of collections,
3499	shall be distributed monthly to the State Transportation Trust
3500	Fund, except that:
3501	(b)  $2.5 million shall be transferred to the State Game
3502	Trust Fund in the Fish and Wildlife Conservation Commission in
3503	each fiscal year and used for recreational boating activities,
3504	and freshwater fisheries management and research. The transfers
3505	must be made in equal monthly amounts beginning on July 1 of
3506	each fiscal year. The commission shall annually determine where
3507	unmet needs exist for boating-related activities, and may fund
3508	such activities in counties where, due to the number of vessel
3509	registrations, sufficient financial resources are unavailable.
3510	1.  A minimum of $1.25 million shall be used to fund local
3511	projects to provide recreational channel marking and other
3512	uniform waterway markers, public boat ramps, lifts, and hoists,
3513	marine railways, and other public launching facilities, derelict
3514	vessel removal aquatic plant control, and other local boating
3515	related activities. In funding the projects, the commission
3516	shall give priority consideration as follows:
3517	a.  Unmet needs in counties with populations of 100,000 or
3518	less.
3519	b.  Unmet needs in coastal counties with a high level of
3520	boating related activities from individuals residing in other
3521	counties.
3522	2.  The remaining $1.25 million may be used for
3523	recreational boating activities and freshwater fisheries
3524	management and research.
3525	3.  The commission is authorized to adopt rules pursuant to
3526	ss. 120.536(1) and 120.54 to implement a Florida Boating
3527	Improvement Program similar to the program administered by the
3528	Department of Environmental Protection and established in rules
3529	62D-5.031 - 62D-5.036, Florida Administrative Code, to determine
3530	projects eligible for funding under this subsection.
3531
3532	On February 1 of each year, the commission shall file an annual
3533	report with the President of the Senate and the Speaker of the
3534	House of Representatives outlining the status of its Florida
3535	Boating Improvement Program, including the projects funded, and
3536	a list of counties whose needs are unmet due to insufficient
3537	financial resources from vessel registration fees.
3538	Section 43.  Section 327.59, Florida Statutes, is amended
3539	to read:
3540	327.59  Marina evacuations.--
3541	(1)  After June 1, 1994, marinas may not adopt, maintain,
3542	or enforce policies pertaining to evacuation of vessels which
3543	require vessels to be removed from marinas following the
3544	issuance of a hurricane watch or warning, in order to ensure
3545	that protecting the lives and safety of vessel owners is placed
3546	before interests of protecting property.
3547	(2)  Nothing in this section may be construed to restrict
3548	the ability of an owner of a vessel or the owner's authorized
3549	representative to remove a vessel voluntarily from a marina at
3550	any time or to restrict a marina owner from dictating the kind
3551	of cleats, ropes, fenders, and other measures that must be used
3552	on vessels as a condition of use of a marina. After a tropical
3553	storm or hurricane watch has been issued, a marina owner or
3554	operator, or an employee or agent of such owner or operator, may
3555	take reasonable actions to further secure any vessel within the
3556	marina to minimize damage to a vessel and to protect marina
3557	property, private property, and the environment and may charge a
3558	reasonable fee for such services.
3559	(3)  Notwithstanding any other provisions of this section,
3560	in order to minimize damage to a vessel and to protect marina
3561	property, private property, and the environment, a marina owner
3562	may provide by contract that in the event a vessel owner fails
3563	to promptly remove a vessel from a marina after a tropical storm
3564	or hurricane watch has been issued, the marina owner, operator,
3565	employee, or agent may remove the vessel, if reasonable, from
3566	its slip or take whatever reasonable actions are deemed
3567	necessary to properly secure a vessel to minimize damage to a
3568	vessel and to protect marina property, private property, and the
3569	environment and may charge the vessel owner a reasonable fee for
3570	any such services rendered. In order to add such a provision to
3571	a contract, the marina owner must provide notice to the vessel
3572	owner in any such contract in a font size of at least 10 points
3573	and in substantially the following form:
3574
3575	NOTICE TO VESSEL OWNER
3576
3577	The undersigned hereby informs you that in the event you fail to
3578	remove your vessel from the marina promptly (timeframe to be
3579	determined between the marina owner or operator and the vessel
3580	owner) after the issuance of a tropical storm or hurricane watch
3581	for (insert geographic area), Florida, under Florida law, the
3582	undersigned or his or her employees or agents are authorized to
3583	remove your vessel, if reasonable, from its slip or take any and
3584	all other reasonable actions deemed appropriate by the
3585	undersigned or his or her employees or agents in order to better
3586	secure your vessel and to protect marina property, private
3587	property, and the environment. You are further notified that you
3588	may be charged a reasonable fee for any such action.
3589	(4)  A marina owner, operator, employee, or agent shall not
3590	be held liable for any damage incurred to a vessel from storms
3591	or hurricanes and is held harmless as a result of such actions.
3592	Nothing in this section may be construed to provide immunity to
3593	a marina operator, employee, or agent for any damage caused by
3594	intentional acts or negligence when removing or securing a
3595	vessel as permitted under this section.
3596	Section 44.  Subsection (2) of section 327.60, Florida
3597	Statutes, is amended to read:
3598	327.60  Local regulations; limitations.--
3599	(2)  Nothing contained in the provisions of this section
3600	shall be construed to prohibit local governmental authorities
3601	from the enactment or enforcement of regulations which prohibit
3602	or restrict the mooring or anchoring of floating structures or
3603	live-aboard vessels within their jurisdictions or of any vessels
3604	within the marked boundaries of mooring fields permitted as
3605	provided in s. 327.40. However, local governmental authorities
3606	are prohibited from regulating the anchoring outside of such
3607	mooring fields anchorage of non-live-aboard vessels engaged in
3608	the exercise of rights of navigation.
3609	Section 45.  Section 328.64, Florida Statutes, is amended
3610	to read:
3611	328.64  Change of interest and address.--
3612	(1)  The owner shall furnish the Department of Highway
3613	Safety and Motor Vehicles notice of the transfer of all or any
3614	part of his or her interest in a vessel registered or titled in
3615	this state pursuant to this chapter or chapter 328 or of the
3616	destruction or abandonment of such vessel, within 30 days
3617	thereof, on a form prescribed by the department. Such transfer,
3618	destruction, or abandonment shall terminate the certificate for
3619	such vessel, except that in the case of a transfer of a part
3620	interest which does not affect the owner's right to operate such
3621	vessel, such transfer shall not terminate the certificate. The
3622	department shall provide the form for such notice and shall
3623	attach the form to every vessel title issued or reissued.
3624	(2)  Any holder of a certificate of registration shall
3625	notify the Department of Highway Safety and Motor Vehicles or
3626	the county tax collector within 30 days, if his or her address
3627	no longer conforms to the address appearing on the certificate
3628	and shall, as a part of such notification, furnish the
3629	department or such county tax collector with the new address.
3630	The department shall may provide in its rules and regulations
3631	for the surrender of the certificate bearing the former address
3632	and its replacement with a certificate bearing the new address
3633	or for the alteration of an outstanding certificate to show the
3634	new address of the holder.
3635	Section 46.  Subsection (15) of section 328.72, Florida
3636	Statutes, is amended to read:
3637	328.72  Classification; registration; fees and charges;
3638	surcharge; disposition of fees; fines; marine turtle stickers.--
3639	(15)  DISTRIBUTION OF FEES.--Except for the first $2, $1 of
3640	which shall be remitted to the state for deposit into the Save
3641	the Manatee Trust Fund created within the Fish and Wildlife
3642	Conservation Commission and $1 of which shall be remitted to the
3643	state for deposit into the Marine Resources Conservation Trust
3644	Fund to fund a grant program for public launching facilities,
3645	pursuant to s. 206.606 327.47, giving priority consideration to
3646	counties with more than 35,000 registered vessels, moneys
3647	designated for the use of the counties, as specified in
3648	subsection (1), shall be distributed by the tax collector to the
3649	board of county commissioners for use only as provided in this
3650	section. Such moneys to be returned to the counties are for the
3651	sole purposes of providing recreational channel marking and
3652	other uniform waterway markers, public boat ramps, lifts, and
3653	hoists, marine railways, and other public launching facilities,
3654	derelict vessel removal, and other boating-related activities,
3655	for removal of vessels and floating structures deemed a hazard
3656	to public safety and health for failure to comply with s.
3657	327.53, and for manatee and marine mammal protection and
3658	recovery. Counties shall that demonstrate through an annual
3659	detailed accounting report of vessel registration revenues that
3660	at least $1 of the registration fees were spent as provided in
3661	this subsection on boating infrastructure shall only be required
3662	to transfer the first $1 of the fees to the Save the Manatee
3663	Trust Fund. This report shall be provided to the Fish and
3664	Wildlife Conservation Commission no later than November 1 of
3665	each year. If, prior to January 1 of each calendar year, the
3666	annual detailed accounting report meeting the prescribed
3667	criteria has still not been provided to the commission, the tax
3668	collector of that county shall not distribute the moneys
3669	designated for the use of counties, as specified in subsection
3670	(1), to the board of county commissioners but shall, instead,
3671	for the next calendar year, remit such moneys to the state for
3672	deposit into the Marine Resources Conservation Trust Fund. The
3673	commission shall return those moneys to the county if the county
3674	fully complies with this section within that calendar year. If
3675	the county does not fully comply with this section within that
3676	calendar year, the moneys shall remain within the Marine
3677	Resources Trust Fund and may be appropriated for the purposes
3678	specified in this subsection The commission shall provide an
3679	exemption letter to the department by December 15 of each year
3680	for qualifying counties.
3681	Section 47.  Paragraph (g) of subsection (4) of section
3682	376.11, Florida Statutes, is amended to read:
3683	376.11  Florida Coastal Protection Trust Fund.--
3684	(4)  Moneys in the Florida Coastal Protection Trust Fund
3685	shall be disbursed for the following purposes and no others:
3686	(g)  The funding of a grant program to coastal local
3687	governments, pursuant to s. 376.15(2)(b) and (c), for the
3688	removal of derelict vessels from the public waters of the state.
3689	Section 48.  Section 376.15, Florida Statutes, is amended
3690	to read:
3691	376.15  Derelict vessels; removal from public waters.--
3692	(1)  It is unlawful for any person, firm, or corporation to
3693	store, leave, or abandon any derelict vessel as defined in s.
3694	823.11(1) in this state or leave any vessel in a wrecked,
3695	junked, or substantially dismantled condition or abandoned upon
3696	any public waters or at any port in this state without the
3697	consent of the agency having jurisdiction thereof or docked at
3698	any private property without the consent of the owner of the
3699	private property.
3700	(2)(a)  The Fish and Wildlife Conservation Commission and
3701	its officers and all law enforcement officers as specified in s.
3702	327.70 are is hereby designated as the agency of the state
3703	authorized and empowered to remove any derelict vessel as
3704	defined in s. 823.11(1) described in subsection (1) from public
3705	waters. All costs incurred by the commission or other law
3706	enforcement agency in the removal of any abandoned or derelict
3707	vessel shall be recoverable against the owner of the vessel. The
3708	Department of Legal Affairs shall represent the commission in
3709	such actions.
3710	(b)  The commission may establish a program to provide
3711	grants to coastal local governments for the removal of derelict
3712	vessels from the public waters of the state. The program shall
3713	be funded from the Florida Coastal Protection Trust Fund.
3714	Notwithstanding the provisions in s. 216.181(11), funds
3715	available for grants may only be authorized by appropriations
3716	acts of the Legislature.
3717	(c)  The commission shall adopt by rule procedures for
3718	submitting a grant application and criteria for allocating
3719	available funds. Such criteria shall include, but not be limited
3720	to, the following:
3721	1.  The number of derelict vessels within the jurisdiction
3722	of the applicant.
3723	2.  The threat posed by such vessels to public health or
3724	safety, the environment, navigation, or the aesthetic condition
3725	of the general vicinity.
3726	3.  The degree of commitment of the local government to
3727	maintain waters free of abandoned and derelict vessels and to
3728	seek legal action against those who abandon vessels in the
3729	waters of the state.
3730	(d)  This section shall constitute the authority of the
3731	commission for such removal, but is not intended to be in
3732	contravention of any applicable federal act.
3733	(e)  The Department of Legal Affairs shall represent the
3734	Fish and Wildlife Conservation Commission in such actions.
3735	Section 49.  Paragraph (s) of subsection (2) of section
3736	403.813, Florida Statutes, is amended to read:
3737	403.813  Permits issued at district centers; exceptions.--
3738	(2)  A permit is not required under this chapter, chapter
3739	373, chapter 61-691, Laws of Florida, or chapter 25214 or
3740	chapter 25270, 1949, Laws of Florida, for activities associated
3741	with the following types of projects; however, except as
3742	otherwise provided in this subsection, nothing in this
3743	subsection relieves an applicant from any requirement to obtain
3744	permission to use or occupy lands owned by the Board of Trustees
3745	of the Internal Improvement Trust Fund or any water management
3746	district in its governmental or proprietary capacity or from
3747	complying with applicable local pollution control programs
3748	authorized under this chapter or other requirements of county
3749	and municipal governments:
3750	(s)  The construction, installation, operation, or
3751	maintenance of floating vessel platforms or floating boat lifts,
3752	provided that such structures:
3753	1.  Float at all times in the water for the sole purpose of
3754	supporting a vessel so that the vessel is out of the water when
3755	not in use;
3756	2.  Are wholly contained within a boat slip previously
3757	permitted under ss. 403.91-403.929, 1984 Supplement to the
3758	Florida Statutes 1983, as amended, or part IV of chapter 373, or
3759	do not exceed a combined total of 500 square feet, or 200 square
3760	feet in an Outstanding Florida Water, when associated with a
3761	dock that is exempt under this subsection or associated with a
3762	permitted dock with no defined boat slip or attached to a
3763	bulkhead on a parcel of land where there is no other docking
3764	structure, do not exceed a combined total of 500 square feet, or
3765	200 square feet in an Outstanding Florida Water;
3766	3.  Are not used for any commercial purpose or for mooring
3767	vessels that remain in the water when not in use, and do not
3768	substantially impede the flow of water, create a navigational
3769	hazard, or unreasonably infringe upon the riparian rights of
3770	adjacent property owners, as defined in s. 253.141;
3771	4.  Are constructed and used so as to minimize adverse
3772	impacts to submerged lands, wetlands, shellfish areas, aquatic
3773	plant and animal species, and other biological communities,
3774	including locating such structures in areas where no seagrasses
3775	are least dense exist if such areas are present adjacent to the
3776	dock or bulkhead; and
3777	5.  Are not constructed in areas specifically prohibited
3778	for boat mooring under conditions of a permit issued in
3779	accordance with ss. 403.91-403.929, 1984 Supplement to the
3780	Florida Statutes 1983, as amended, or part IV of chapter 373, or
3781	other form of authorization issued by a local government.
3782
3783	Structures that qualify for this exemption are relieved from any
3784	requirement to obtain permission to use or occupy lands owned by
3785	the Board of Trustees of the Internal Improvement Trust Fund
3786	and, with the exception of those structures attached to a
3787	bulkhead on a parcel of land where there is no docking
3788	structure, shall not be subject to any more stringent permitting
3789	requirements, registration requirements, or other regulation by
3790	any local government. Local governments may require either
3791	permitting or one-time registration of floating vessel platforms
3792	to be attached to a bulkhead on a parcel of land where there is
3793	no other docking structure as necessary to ensure compliance
3794	with local ordinances, codes, or regulations. Local governments
3795	may require either permitting or one-time registration of all
3796	other floating vessel platforms as necessary to ensure
3797	compliance with the exemption criteria in this section; to
3798	ensure compliance with local ordinances, codes, or regulations
3799	relating to building or zoning, which are no more stringent than
3800	the exemption criteria in this section or address subjects other
3801	than subjects addressed by the exemption criteria in this
3802	section; and to ensure proper installation, maintenance, and
3803	precautionary or evacuation action following a tropical storm or
3804	hurricane watch of a floating vessel platform or floating boat
3805	lift that is proposed to be attached to a bulkhead or parcel of
3806	land where there is no other docking structure. The exemption
3807	provided in this paragraph shall be in addition to the exemption
3808	provided in paragraph (b). By January 1, 2003, The department
3809	shall adopt a general permit by rule for the construction,
3810	installation, operation, or maintenance of those floating vessel
3811	platforms or floating boat lifts that do not qualify for the
3812	exemption provided in this paragraph but do not cause
3813	significant adverse impacts to occur individually or
3814	cumulatively. The issuance of such general permit shall also
3815	constitute permission to use or occupy lands owned by the Board
3816	of Trustees of the Internal Improvement Trust Fund. Upon the
3817	adoption of the rule creating such general permit, No local
3818	government shall impose a more stringent regulation, permitting
3819	requirement, registration requirement, or other regulation
3820	covered by such general permit. Local governments may require
3821	either permitting or one-time registration of floating vessel
3822	platforms as necessary to ensure compliance with the general
3823	permit in this section; to ensure compliance with local
3824	ordinances, codes, or regulations relating to building or zoning
3825	that are no more stringent than the general permit in this
3826	section; and to ensure proper installation and maintenance of a
3827	floating vessel platform or floating boat lift that is proposed
3828	to be attached to a bulkhead or parcel of land where there is no
3829	other docking structure on floating vessel platforms or floating
3830	boat lifts covered by such general permit.
3831	Section 50.  Subsection (3) of section 705.101, Florida
3832	Statutes, is amended to read:
3833	705.101  Definitions.--As used in this chapter:
3834	(3)  "Abandoned property" means all tangible personal
3835	property that does not have an identifiable owner and that has
3836	been disposed on public property in a wrecked, inoperative, or
3837	partially dismantled condition or has no apparent intrinsic
3838	value to the rightful owner. The term includes derelict vessels
3839	as defined in s. 823.11(1) Vessels determined to be derelict by
3840	the Fish and Wildlife Conservation Commission or a county or
3841	municipality in accordance with the provisions of s. 823.11 are
3842	included within this definition.
3843	Section 51.  Subsection (4) of section 705.103, Florida
3844	Statutes, is amended to read:
3845	705.103  Procedure for abandoned or lost property.--
3846	(4)  The owner of any abandoned or lost property who, after
3847	notice as provided in this section, does not remove such
3848	property within the specified period shall be liable to the law
3849	enforcement agency for all costs of removal, storage, and
3850	destruction of such property, less any salvage value obtained by
3851	disposal of the property. Upon final disposition of the
3852	property, the law enforcement officer shall notify the owner, if
3853	known, of the amount owed. In the case of an abandoned vessel
3854	boat or motor vehicle, any person who neglects or refuses to pay
3855	such amount is not entitled to be issued a certificate of
3856	registration for such vessel boat or motor vehicle, or any other
3857	vessel boat or motor vehicle, until such costs have been paid.
3858	The law enforcement officer shall supply the Department of
3859	Highway Safety and Motor Vehicles with a list of persons whose
3860	vessel boat registration privileges or whose motor vehicle
3861	privileges have been revoked under this subsection. Neither the
3862	department nor any other person acting as agent thereof shall
3863	issue a certificate of registration to a person whose vessel
3864	boat or motor vehicle registration privileges have been revoked,
3865	as provided by this subsection, until such costs have been paid.
3866	Section 52.  Section 823.11, Florida Statutes, is amended
3867	to read:
3868	823.11  Abandoned and derelict vessels; removal; penalty.--
3869	(1)  "Derelict vessel" means any vessel, as defined in s.
3870	327.02, that is left, stored, or abandoned:
3871	(a)  In a wrecked, junked, or substantially dismantled
3872	condition upon any public waters of this state.
3873	(b)  At any port in this state without the consent of the
3874	agency having jurisdiction thereof.
3875	(c)  Docked or grounded at or beached upon the property of
3876	another without the consent of the owner of the property.
3877	(2)  It is unlawful for any person, firm, or corporation to
3878	store, leave, or abandon any derelict vessel as defined in this
3879	section in this state or leave any vessel as defined by maritime
3880	law in a wrecked, junked, or substantially dismantled condition
3881	or abandoned upon or in any public water or at any port in this
3882	state without the consent of the agency having jurisdiction
3883	thereof, or docked at any private property without the consent
3884	of the owner of such property.
3885	(3)(a)(2)  The Fish and Wildlife Conservation Commission
3886	and its officers and all law enforcement officers as specified
3887	in s. 327.70 are is designated as the agency of the state
3888	authorized and empowered to remove or cause to be removed any
3889	abandoned or derelict vessel from public waters in any instance
3890	when the same obstructs or threatens to obstruct navigation or
3891	in any way constitutes a danger to the environment. Removal of
3892	vessels pursuant to this section may be funded by grants
3893	provided in ss. 206.606 and 376.15. The Fish and Wildlife
3894	Conservation Commission is directed to implement a plan for the
3895	procurement of any available federal disaster funds and to use
3896	such funds for the removal of derelict vessels. All costs
3897	incurred by the commission or other law enforcement agency in
3898	the removal of any abandoned or derelict vessel as set out above
3899	shall be recoverable against the owner thereof. The Department
3900	of Legal Affairs shall represent the commission in such actions.
3901	As provided in s. 705.103(4), any person who neglects or refuses
3902	to pay such amount is not entitled to be issued a certificate of
3903	registration for such vessel or for any other vessel or motor
3904	vehicle until the costs have been paid.
3905	(b)  When a derelict vessel is docked or grounded at or
3906	beached upon private property without the consent of the owner
3907	of the property, the owner of the property may remove the vessel
3908	at the vessel owner's expense 60 days after compliance with the
3909	notice requirements specified in s. 328.17(5). The private
3910	property owner may not hinder reasonable efforts by the vessel
3911	owner or agent to remove the vessel. Any notice given pursuant
3912	to this paragraph shall be presumed delivered when it is
3913	deposited with the United States Postal Service, certified, and
3914	properly addressed with prepaid postage. Pursuant to an
3915	agreement with the governing body of a county or municipality,
3916	and upon a finding by the commission that the county or
3917	municipality is competent to undertake said responsibilities,
3918	the commission may delegate to the county or municipality its
3919	authority to remove or cause to be removed an abandoned or
3920	derelict vessel from public waters within the county or
3921	municipality.
3922	(4)(3)  Any person, firm, or corporation violating this act
3923	commits is guilty of a misdemeanor of the first degree and shall
3924	be punished as provided by law. Conviction under this section
3925	shall not bar the assessment and collection of the civil penalty
3926	provided in s. 376.16 for violation of s. 376.15. The court
3927	having jurisdiction over the criminal offense, notwithstanding
3928	any jurisdictional limitations on the amount in controversy, may
3929	order the imposition of such civil penalty in addition to any
3930	sentence imposed for the first criminal offense.
3931	Section 53.  For upland properties bordering on navigable
3932	waters, notwithstanding any other provision of Florida Statutes,
3933	rules, or local ordinances, riparian rights shall include the
3934	right to moor a vessel of a length that is less than the width
3935	of the property, provided the dock runs adjacent and parallel to
3936	a seawall, does not interfere with navigation as defined by
3937	International Navigational Rules Act of 1977 (Public Law 95-75,
3938	91 Stat. 308, or 33 U.S.C. 1601-1608), or the Inland Navigation
3939	Rules Act of 1980 (Public Law 96-591, 94 Stat. 3415, 33 U.S.C.
3940	2001-2038), the vessel is registered in the name of the owner of
3941	the upland property, the owner of the upland property has
3942	designated the property homestead pursuant to s. 222.01, Florida
3943	Statutes, and provided no dredging or alteration of the
3944	submerged land is needed to accommodate the vessel.
3945	Section 54.  Section 893.02, Florida Statutes, is amended
3946	to read:
3947	893.02  Definitions.--The following words and phrases as
3948	used in this chapter shall have the following meanings, unless
3949	the context otherwise requires:
3950	(1)  "Administer" means the direct application of a
3951	controlled substance, whether by injection, inhalation,
3952	ingestion, or any other means, to the body of a person or
3953	animal.
3954	(2)  "Analog" or "chemical analog" means a structural
3955	derivative of a parent compound that is a controlled substance.
3956	(3)  "Cannabis" means all parts of any plant of the genus
3957	Cannabis, whether growing or not; the seeds thereof; the resin
3958	extracted from any part of the plant; and every compound,
3959	manufacture, salt, derivative, mixture, or preparation of the
3960	plant or its seeds or resin.
3961	(4)  "Clandestine laboratory" means any location and
3962	proximate areas set aside or used that are likely to be
3963	contaminated as a result of manufacturing, processing, cooking,
3964	disposing, or storing, either temporarily or permanently, any
3965	substances in violation of this chapter, except as such
3966	activities are authorized in chapter 499.
3967	(5)  "Contaminated" or "contamination" means containing
3968	levels of chemicals at or above the levels defined by the
3969	department pursuant to s. 893.123(1) as a result of clandestine
3970	laboratory activity.
3971	(6)  "Contamination assessment specialist" or
3972	"contamination assessor" means a person responsible for
3973	assessing the extent of contamination and decontamination by
3974	determining the indoor air quality in a residential property
3975	based on the standards defined by the department. Upon the
3976	conclusion of decontamination, a residential property must
3977	successfully test less than or equal to the values defined by
3978	the department. The person must have specialized training that
3979	provides him or her with the knowledge, skills, and abilities to
3980	use quantitative measurement techniques in collecting and
3981	assessing specified contamination levels that have the ability
3982	to impair human health and well-being.
3983	(7)(4)  "Controlled substance" means any substance named or
3984	described in Schedules I-V of s. 893.03. Laws controlling the
3985	manufacture, distribution, preparation, dispensing, or
3986	administration of such substances are drug abuse laws.
3987	(8)  "Decontamination" means the process of reducing the
3988	levels of contaminants to the levels defined by the department
3989	pursuant to s. 893.123(1) that allow human reoccupancy using
3990	currently available methods and processes.
3991	(9)  "Decontamination specialist" means a person
3992	responsible for the cleanup, treatment, repair, removal, and
3993	decontamination of contaminated materials located in a
3994	residential property where clandestine laboratory activities
3995	occurred. The person must have the knowledge, skills, and
3996	ability to prescribe methods to eliminate, control, or reduce
3997	contamination; and must have been trained in the removal,
3998	storage, transport, and disposal of hazardous chemicals or
3999	chemical residues commonly associated with clandestine
4000	laboratory activities.
4001	(10)(5)  "Deliver" or "delivery" means the actual,
4002	constructive, or attempted transfer from one person to another
4003	of a controlled substance, whether or not there is an agency
4004	relationship.
4005	(11)(9)  "Department" means the Department of Health.
4006	(12)(6)  "Dispense" means the transfer of possession of one
4007	or more doses of a medicinal drug by a pharmacist or other
4008	licensed practitioner to the ultimate consumer thereof or to one
4009	who represents that it is his or her intention not to consume or
4010	use the same but to transfer the same to the ultimate consumer
4011	or user for consumption by the ultimate consumer or user.
4012	(13)(7)  "Distribute" means to deliver, other than by
4013	administering or dispensing, a controlled substance.
4014	(14)(8)  "Distributor" means a person who distributes.
4015	(15)(10)  "Hospital" means an institution for the care and
4016	treatment of the sick and injured, licensed pursuant to the
4017	provisions of chapter 395 or owned or operated by the state or
4018	Federal Government.
4019	(16)(11)  "Laboratory" means a laboratory approved by the
4020	Drug Enforcement Administration as proper to be entrusted with
4021	the custody of controlled substances for scientific, medical, or
4022	instructional purposes or to aid law enforcement officers and
4023	prosecuting attorneys in the enforcement of this chapter.
4024	(17)(12)  "Listed chemical" means any precursor chemical or
4025	essential chemical named or described in s. 893.033.
4026	(18)(13)(a)  "Manufacture" means the production,
4027	preparation, propagation, compounding, cultivating, growing,
4028	conversion, or processing of a controlled substance, either
4029	directly or indirectly, by extraction from substances of natural
4030	origin, or independently by means of chemical synthesis, or by a
4031	combination of extraction and chemical synthesis, and includes
4032	any packaging of the substance or labeling or relabeling of its
4033	container, except that this term does not include the
4034	preparation, compounding, packaging, or labeling of a controlled
4035	substance by:
4036	1.  A practitioner or pharmacist as an incident to his or
4037	her administering or delivering of a controlled substance in the
4038	course of his or her professional practice.
4039	2.  A practitioner, or by his or her authorized agent under
4040	the practitioner's supervision, for the purpose of, or as an
4041	incident to, research, teaching, or chemical analysis, and not
4042	for sale.
4043	(b)  "Manufacturer" means and includes every person who
4044	prepares, derives, produces, compounds, or repackages any drug
4045	as defined by the Florida Drug and Cosmetic Act. However, this
4046	definition does not apply to manufacturers of patent or
4047	proprietary preparations as defined in the Florida Pharmacy Act.
4048	Pharmacies, and pharmacists employed thereby, are specifically
4049	excluded from this definition.
4050	(19)(14)  "Mixture" means any physical combination of two
4051	or more substances.
4052	(20)(15)  "Patient" means an individual to whom a
4053	controlled substance is lawfully dispensed or administered
4054	pursuant to the provisions of this chapter.
4055	(21)(16)  "Pharmacist" means a person who is licensed
4056	pursuant to chapter 465 to practice the profession of pharmacy
4057	in this state.
4058	(22)(17)  "Possession" includes temporary possession for
4059	the purpose of verification or testing, irrespective of dominion
4060	or control.
4061	(23)(18)  "Potential for abuse" means that a substance has
4062	properties of a central nervous system stimulant or depressant
4063	or an hallucinogen that create a substantial likelihood of its
4064	being:
4065	(a)  Used in amounts that create a hazard to the user's
4066	health or the safety of the community;
4067	(b)  Diverted from legal channels and distributed through
4068	illegal channels; or
4069	(c)  Taken on the user's own initiative rather than on the
4070	basis of professional medical advice.
4071
4072	Proof of potential for abuse can be based upon a showing that
4073	these activities are already taking place, or upon a showing
4074	that the nature and properties of the substance make it
4075	reasonable to assume that there is a substantial likelihood that
4076	such activities will take place, in other than isolated or
4077	occasional instances.
4078	(24)(19)  "Practitioner" means a physician licensed
4079	pursuant to chapter 458, a dentist licensed pursuant to chapter
4080	466, a veterinarian licensed pursuant to chapter 474, an
4081	osteopathic physician licensed pursuant to chapter 459, a
4082	naturopath licensed pursuant to chapter 462, or a podiatric
4083	physician licensed pursuant to chapter 461, provided such
4084	practitioner holds a valid federal controlled substance registry
4085	number.
4086	(25)(20)  "Prescription" means and includes an order for
4087	drugs or medicinal supplies written, signed, or transmitted by
4088	word of mouth, telephone, telegram, or other means of
4089	communication by a duly licensed practitioner licensed by the
4090	laws of the state to prescribe such drugs or medicinal supplies,
4091	issued in good faith and in the course of professional practice,
4092	intended to be filled, compounded, or dispensed by another
4093	person licensed by the laws of the state to do so, and meeting
4094	the requirements of s. 893.04. The term also includes an order
4095	for drugs or medicinal supplies so transmitted or written by a
4096	physician, dentist, veterinarian, or other practitioner licensed
4097	to practice in a state other than Florida, but only if the
4098	pharmacist called upon to fill such an order determines, in the
4099	exercise of his or her professional judgment, that the order was
4100	issued pursuant to a valid patient-physician relationship, that
4101	it is authentic, and that the drugs or medicinal supplies so
4102	ordered are considered necessary for the continuation of
4103	treatment of a chronic or recurrent illness. However, if the
4104	physician writing the prescription is not known to the
4105	pharmacist, the pharmacist shall obtain proof to a reasonable
4106	certainty of the validity of said prescription. A prescription
4107	order for a controlled substance shall not be issued on the same
4108	prescription blank with another prescription order for a
4109	controlled substance which is named or described in a different
4110	schedule, nor shall any prescription order for a controlled
4111	substance be issued on the same prescription blank as a
4112	prescription order for a medicinal drug, as defined in s.
4113	465.031(5), which does not fall within the definition of a
4114	controlled substance as defined in this act.
4115	(26)  "Residential property" means a dwelling unit used, or
4116	intended for use, by an individual or individuals as a permanent
4117	residence. The term includes improved real property of between
4118	one and four dwellings; a condominium unit, as defined in s.
4119	718.103(27); a cooperative unit, as defined in s. 719.103(24);
4120	or a mobile home or manufactured home, as defined in s.
4121	320.01(2). The term does not include a hotel, motel, campground,
4122	marina, or timeshare unit.
4123	(27)(21)  "Wholesaler" means any person who acts as a
4124	jobber, wholesale merchant, or broker, or an agent thereof, who
4125	sells or distributes for resale any drug as defined by the
4126	Florida Drug and Cosmetic Act. However, this definition does not
4127	apply to persons who sell only patent or proprietary
4128	preparations as defined in the Florida Pharmacy Act. Pharmacies,
4129	and pharmacists employed thereby, are specifically excluded from
4130	this definition.
4131	Section 55.  Section 893.121, Florida Statutes, is created
4132	to read:
4133	893.121  Quarantine of a clandestine laboratory.--
4134	(1)  The purpose of the quarantine provided for in this
4135	section is to prevent exposure of any person to the hazards
4136	associated with clandestine laboratory activities and provide
4137	protection from unsafe conditions that pose a threat to the
4138	public health, safety, and welfare. The department has the
4139	authority to quarantine residential property under s. 381.0011.
4140	(2)  Whenever a sheriff, police officer, or other law
4141	enforcement entity secures evidence from a residential property
4142	in which illegal clandestine laboratory activities occurred, the
4143	department must quarantine the property. The local law
4144	enforcement entity securing evidence shall enforce a quarantine
4145	on the residential property as part of its duty to assist the
4146	department under s. 381.0012(5). Enforcement does not require
4147	the 24-hour posting of law enforcement personnel. The
4148	residential property shall remain quarantined until the
4149	department receives a certificate of fitness documenting that
4150	the property was decontaminated as defined by the department
4151	pursuant to s. 893.123 or demolished in accordance with s.
4152	893.122(1), or a court order is presented requiring the
4153	quarantine to be lifted.
4154	(3)  The department shall adopt rules pursuant to ss.
4155	120.536(1) and 120.54 to establish a uniform notice to post at
4156	the site of a quarantined clandestine laboratory and a uniform
4157	letter of notification of the quarantine to be sent to the
4158	residential property owner or manager. It is the responsibility
4159	of local law enforcement to post the notice of a quarantine on
4160	the residential property, and it is the responsibility of the
4161	department to mail the letter of notification. The material in
4162	the letter and notice shall include, but not be limited to:
4163	(a)  That the residential property has been quarantined and
4164	a clandestine laboratory was seized on or inside the residential
4165	property.
4166	(b)  The date of the quarantine.
4167	(c)  The name and contact telephone number of the law
4168	enforcement entity posting the quarantine.
4169	(d)  A statement specifying that hazardous substances,
4170	toxic chemicals, or other hazardous waste products may have been
4171	present and may remain on or inside the residential property and
4172	that exposure to the substances may be harmful and may pose a
4173	threat to public health and the environment.
4174	(e)  A statement that it is unlawful for an unauthorized
4175	person to enter the contaminated residential property and that
4176	the removal of any notice of the quarantine is a second degree
4177	misdemeanor under s. 381.0025(1).
4178	(f)  A statement, in the notification letter, explaining
4179	how to have the quarantine lifted.
4180	(4)  Upon securing evidence from a residential property in
4181	which illegal clandestine laboratory activities occurred, the
4182	local law enforcement entity shall immediately notify the local
4183	health officer and the department's Division of Environmental
4184	Health that a residential property is quarantined and shall
4185	provide the name and contact information of the law enforcement
4186	entity, the name of the residential property owner or
4187	residential property manager, and the address of the property.
4188	(5)  To the extent possible, the department shall mail the
4189	letter of notification to the residential property owner or the
4190	manager of the residential property within 5 working days from
4191	the date of quarantine notifying the owner or manager that a
4192	clandestine laboratory was found on the property and that the
4193	property has been quarantined. The department shall also include
4194	a list of contamination assessment specialists and
4195	decontamination specialists and any other information deemed
4196	appropriate by the department to the residential property owner
4197	or manager.
4198	(6)  Any person who has an interest in a residential
4199	property that is quarantined pursuant to this section may file a
4200	petition in the circuit court in which the residential property
4201	is located to request a court order that the quarantine of the
4202	residential property be lifted for one of the following reasons:
4203	(a)  The residential property was wrongfully quarantined;
4204	or
4205	(b)  The residential property has been properly
4206	decontaminated as defined by the department pursuant to s.
4207	893.123 or demolished pursuant to s. 893.122(1) and may be
4208	reoccupied for habitation, but the department refuses or fails
4209	to lift the quarantine.
4210	(7)  No person shall inhabit a quarantined residential
4211	property, offer the residential property to the public for
4212	temporary or indefinite habitation, or remove any notice of the
4213	quarantine. Any person who willfully violates a provision of
4214	this subsection commits a second degree misdemeanor under s.
4215	381.0025(1).
4216	Section 56.  Section 893.122, Florida Statutes, is created
4217	to read:
4218	893.122  Option of demolition; immunity from liability from
4219	health-based civil actions.--
4220	(1)  A residential property owner shall, upon notification
4221	from the department that clandestine laboratory activities have
4222	occurred in a property owned by that owner and that the property
4223	is quarantined, meet the decontamination standards as defined by
4224	the department pursuant to s. 893.123 unless the property owner,
4225	at the owner's discretion, elects to demolish the contaminated
4226	residential property. The demolition and removal of materials
4227	must meet the requirements of the Occupational Safety and Health
4228	Administration and the United States Environmental Protection
4229	Agency regulations pertaining to the generation, storage,
4230	transport, and disposal of hazardous wastes and any state or
4231	local requirements.
4232	(2)  A residential property owner who has met the
4233	decontamination standards, as evidenced by a certificate of
4234	fitness and a letter of reoccupancy pursuant to s.893.123, or
4235	has demolished the residential property in compliance with
4236	subsection (1), shall have immunity from health-based civil
4237	actions brought by any future owner, renter, or other person who
4238	occupies such residential property, or a neighbor of such
4239	residential property, in which the alleged cause of the injury
4240	or loss is the existence of the clandestine laboratory. However,
4241	a person with a conviction, as defined in s. 944.607, for the
4242	manufacture of any substance regulated under this chapter on the
4243	residential property where clandestine laboratory activities
4244	occurred shall not have the immunity provided in this
4245	subsection.
4246	Section 57.  Section 893.123, Florida Statutes, is created
4247	to read:
4248	893.123  Clandestine laboratory decontamination standards,
4249	certificate of fitness, and letter of reoccupancy.--
4250	(1)  The department shall adopt rules pursuant to ss.
4251	120.536(1) and 120.54 that establish:
4252	(a)  Standards for indoor air quality regarding levels of
4253	contaminants produced by clandestine laboratory activities to
4254	include methamphetamine, lead, mercury, and volatile organic
4255	compounds. These standards must be consistent with values
4256	commonly used by other states or comply with national standards.
4257	(b)  Standards for the cleanup and testing of clandestine
4258	laboratories.
4259	(c)  A certificate of fitness that shall act as appropriate
4260	documentation that a residential property has been
4261	decontaminated in accordance with specified standards. The
4262	certificate of fitness shall be submitted to the department by a
4263	contamination assessment specialist. The certificate of fitness
4264	shall include, but is not limited to:
4265	1.  The name of the residential property owner, the mailing
4266	and street address of the residential property owner, and, if
4267	applicable, the parcel identification of the residential
4268	property.
4269	2.  The dates the residential property was quarantined and
4270	cleanup was completed.
4271	3.  A summary of the indoor air quality test results,
4272	findings, and conclusions as determined by a contamination
4273	assessment specialist.
4274	4.  The name and address of the contamination assessment
4275	specialist.
4276	5.  The name and address of the decontamination specialist.
4277	6.  The method of repair, replacement, or decontamination
4278	of the residential property.
4279	(d)  A letter of reoccupancy that will notify the
4280	residential property owner that the property may be reoccupied
4281	for habitation.
4282	(2)  Upon receipt of the certificate of fitness, the
4283	department shall send a letter of reoccupancy to the residential
4284	property owner or manager and to the local law enforcement
4285	entity that enforced the quarantine and posted the notice. The
4286	letter of reoccupancy must include the address of the
4287	residential property, a statement that the quarantine is lifted,
4288	and a statement that the residential property may be reoccupied
4289	for habitation.
4290	(3)  In the case of demolition, the department shall lift
4291	the quarantine on a residential property upon receipt of a
4292	letter presented by a demolition company stating that the
4293	quarantined property was demolished. The letter must include the
4294	address of the residential property and a statement that the
4295	demolition was performed in accordance to the requirements in s.
4296	893.122(1).
4297	Section 58.  Section 893.124, Florida Statutes, is created
4298	to read:
4299	893.124  Decontamination and contamination assessment
4300	specialists.--
4301	(1)(a)  The department shall compile and maintain lists of
4302	decontamination and contamination assessment specialists. The
4303	lists shall be posted on the department's Internet website. The
4304	department shall indicate on the website whether the specialists
4305	are bonded and insured.
4306	(b)  Persons authorized to perform decontamination or
4307	contamination assessments must have knowledge and skill in the
4308	handling of toxic substances. The department shall adopt rules
4309	pursuant to ss. 120.536(1) and 120.54 specifying the
4310	requirements for persons authorized to perform decontamination
4311	and contamination assessments. Decontamination specialists shall
4312	be responsible for ensuring that all hazardous substances, toxic
4313	chemicals, or other hazardous waste products that may have been
4314	present are removed from the residential property and disposed
4315	of in accordance with federal, state, and local laws and
4316	regulations.
4317	(2)  In determining the level of contamination in a
4318	clandestine laboratory, the decontamination or contamination
4319	assessment specialist may request copies of any available law
4320	enforcement reports or information relating to the following:
4321	(a)  The length of time the residential property was used
4322	as a clandestine laboratory.
4323	(b)  The extent to which the residential property was
4324	exposed to chemicals used in clandestine laboratory activities.
4325	(c)  The chemical processes that were involved in the
4326	clandestine laboratory activities.
4327	(d)  The chemicals that were removed from the residential
4328	property.
4329	(e)  The location of the clandestine laboratory activities
4330	in relation to the habitable areas of the residential property.
4331	(3)  If the contamination assessment specialist determines
4332	that the residential property is not contaminated, the
4333	contamination assessment specialist shall prepare a certificate
4334	of fitness and submit the certificate to the department.
4335	Section 59.  Paragraph (s) of subsection (1) of section
4336	465.016, Florida Statutes, is amended to read:
4337	465.016  Disciplinary actions.--
4338	(1)  The following acts constitute grounds for denial of a
4339	license or disciplinary action, as specified in s. 456.072(2):
4340	(s)  Dispensing any medicinal drug based upon a
4341	communication that purports to be a prescription as defined by
4342	s. 465.003(14) or s. 893.02(20) when the pharmacist knows or has
4343	reason to believe that the purported prescription is not based
4344	upon a valid practitioner-patient relationship.
4345	Section 60.  Paragraph (e) of subsection (1) of section
4346	465.023, Florida Statutes, is amended to read:
4347	465.023  Pharmacy permittee; disciplinary action.--
4348	(1)  The department or the board may revoke or suspend the
4349	permit of any pharmacy permittee, and may fine, place on
4350	probation, or otherwise discipline any pharmacy permittee who
4351	has:
4352	(e)  Dispensed 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 that includes a
4357	documented patient evaluation, including history and a physical
4358	examination adequate to establish the diagnosis for which any
4359	drug is prescribed and any other requirement established by
4360	board rule under chapter 458, chapter 459, chapter 461, chapter
4361	463, chapter 464, or chapter 466.
4362	Section 61.  Paragraph (c) of subsection (1) of section
4363	856.015, Florida Statutes, is amended to read:
4364	856.015  Open house parties.--
4365	(1)  Definitions.--As used in this section:
4366	(c)  "Drug" means a controlled substance, as that term is
4367	defined in ss. 893.02(4) and 893.03.
4368	Section 62.  Subsection (6) of section 893.135, Florida
4369	Statutes, is amended to read:
4370	893.135  Trafficking; mandatory sentences; suspension or
4371	reduction of sentences; conspiracy to engage in trafficking.--
4372	(6)  A mixture, as defined in s. 893.02(14), containing any
4373	controlled substance described in this section includes, but is
4374	not limited to, a solution or a dosage unit, including but not
4375	limited to, a pill or tablet, containing a controlled substance.
4376	For the purpose of clarifying legislative intent regarding the
4377	weighing of a mixture containing a controlled substance
4378	described in this section, the weight of the controlled
4379	substance is the total weight of the mixture, including the
4380	controlled substance and any other substance in the mixture. If
4381	there is more than one mixture containing the same controlled
4382	substance, the weight of the controlled substance is calculated
4383	by aggregating the total weight of each mixture.
4384	Section 63.  Paragraph (a) of subsection (1) of section
4385	944.47, Florida Statutes, is amended to read:
4386	944.47  Introduction, removal, or possession of certain
4387	articles unlawful; penalty.--
4388	(1)(a)  Except through regular channels as authorized by
4389	the officer in charge of the correctional institution, it is
4390	unlawful to introduce into or upon the grounds of any state
4391	correctional institution, or to take or attempt to take or send
4392	or attempt to send therefrom, any of the following articles
4393	which are hereby declared to be contraband for the purposes of
4394	this section, to wit:
4395	1.  Any written or recorded communication or any currency
4396	or coin given or transmitted, or intended to be given or
4397	transmitted, to any inmate of any state correctional
4398	institution.
4399	2.  Any article of food or clothing given or transmitted,
4400	or intended to be given or transmitted, to any inmate of any
4401	state correctional institution.
4402	3.  Any intoxicating beverage or beverage which causes or
4403	may cause an intoxicating effect.
4404	4.  Any controlled substance as defined in s. 893.02(4) or
4405	any prescription or nonprescription drug having a hypnotic,
4406	stimulating, or depressing effect.
4407	5.  Any firearm or weapon of any kind or any explosive
4408	substance.
4409	Section 64.  Subsection (1) of section 951.22, Florida
4410	Statutes, is amended to read:
4411	951.22  County detention facilities; contraband articles.--
4412	(1)  It is unlawful, except through regular channels as
4413	duly authorized by the sheriff or officer in charge, to
4414	introduce into or possess upon the grounds of any county
4415	detention facility as defined in s. 951.23 or to give to or
4416	receive from any inmate of any such facility wherever said
4417	inmate is located at the time or to take or to attempt to take
4418	or send therefrom any of the following articles which are hereby
4419	declared to be contraband for the purposes of this act, to wit:
4420	Any written or recorded communication; any currency or coin; any
4421	article of food or clothing; any tobacco products as defined in
4422	s. 210.25(11); any cigarette as defined in s. 210.01(1); any
4423	cigar; any intoxicating beverage or beverage which causes or may
4424	cause an intoxicating effect; any narcotic, hypnotic, or
4425	excitative drug or drug of any kind or nature, including nasal
4426	inhalators, sleeping pills, barbiturates, and controlled
4427	substances as defined in s. 893.02(4); any firearm or any
4428	instrumentality customarily used or which is intended to be used
4429	as a dangerous weapon; and any instrumentality of any nature
4430	that may be or is intended to be used as an aid in effecting or
4431	attempting to effect an escape from a county facility.
4432	Section 65.  Paragraph (a) of subsection (1) of section
4433	985.4046, Florida Statutes, is amended to read:
4434	985.4046  Introduction, removal, or possession of certain
4435	articles unlawful; penalty.--
4436	(1)(a)  Except as authorized through program policy or
4437	operating procedure or as authorized by the facility
4438	superintendent, program director, or manager, a person may not
4439	introduce into or upon the grounds of a juvenile detention
4440	facility or commitment program, or take or send, or attempt to
4441	take or send, from a juvenile detention facility or commitment
4442	program, any of the following articles, which are declared to be
4443	contraband under this section:
4444	1.  Any unauthorized article of food or clothing.
4445	2.  Any intoxicating beverage or any beverage that causes
4446	or may cause an intoxicating effect.
4447	3.  Any controlled substance, as defined in s. 893.02(4),
4448	or any prescription or nonprescription drug that has a hypnotic,
4449	stimulating, or depressing effect.
4450	4.  Any firearm or weapon of any kind or any explosive
4451	substance.
4452	Section 66.  Sections 403.7075, 403.756, 403.78, 403.781,
4453	403.782, 403.783, 403.784, 403.7841, 403.7842, 403.785, 403.786,
4454	403.787, 403.7871, 403.7872, 403.7873, 403.788, 403.7881,
4455	403.789, 403.7891, 403.7892, 403.7893, and 403.7895, Florida
4456	Statutes, are repealed.
4457	Section 67.  (1)(a)  The Department of Environmental
4458	Protection shall conduct a study to determine the various
4459	sources of nitrogen input into the Wekiva River and associated
4460	springs contributing water to the river. The Department of
4461	Environmental Protection shall prepare a report recommending
4462	actions to be taken by the Department of Environmental
4463	Protection and the St. Johns Water Management District that will
4464	provide the best use of economic resources to reduce nitrogen
4465	input into the river and associated springs. The Department of
4466	Environmental Protection shall submit a report to the Governor,
4467	the President of the Senate, and the Speaker of the House of
4468	Representatives no later than February 1, 2007.
4469	(b)  The Department of Health shall contract with an
4470	independent entity for a study to determine the sources of
4471	nitrogen input from onsite sewage treatment and disposal systems
4472	into the Wekiva River and associated springs. The study shall
4473	measure the concentration of nitrates in the soil 10 feet and 20
4474	feet below the drainfield of the onsite sewage treatment and
4475	disposal systems. The contract shall require the entity to
4476	submit a report to the Department of Health describing the
4477	locations of such sources and the nitrate amounts contributed by
4478	such sources and containing recommendations to reduce or
4479	eliminate nitrogen input from such sources. Rulemaking required
4480	by s. 369.318(2), Florida Statutes, shall be suspended until the
4481	completion of this study. The Department of Health shall submit
4482	a report to the Governor, the President of the Senate, and the
4483	Speaker of the House of Representatives no later than February
4484	1, 2007.
4485	(2)  The Department of Health shall develop rules for a
4486	model proposal for the operation and maintenance of onsite
4487	sewage treatment and disposal systems within the Wekiva Study
4488	Area or the Wekiva River Protection Area. At a minimum, the
4489	rules shall require each property owner in the Wekiva Study Area
4490	or the Wekiva River Protection Area that has an onsite sewage
4491	treatment and disposal system to pump out the system at least
4492	once every 5 years.
4493	(3)  The sum of $250,000 is appropriated from the General
4494	Revenue Fund to the Department of Environmental Protection for
4495	the 2006-2007 fiscal year to be used by the department to
4496	conduct the study required under paragraph (1)(a).
4497	(4)  The sum of $250,000 is appropriated from the General
4498	Revenue Fund to the Department of Health for the 2006-2007
4499	fiscal year to be used by the department to contract for the
4500	independent study required under paragraph (1)(b).
4501	Section 68.  In granting or denying a permit for wetland
4502	construction, a local government shall consider mitigation
4503	proposed by the applicant, provided the mitigation fully offsets
4504	the loss of wetland functions in accordance with the uniform
4505	mitigation assessment method adopted under s. 373.414(18),
4506	Florida Statutes.
4507	Section 69.  The Department of Environmental Protection
4508	shall require and collect a report from each water management
4509	district in the state on how much water is being extracted each
4510	month for resale in bottled water containers and submit a report
4511	of the findings to the Legislature by November 1, 2006.
4512	Section 70.  This act shall take effect July 1, 2006.
4513
4514	======= T I T L E  A M E N D M E N T ==========
4515	Remove the entire title and insert:
4516	A bill to be entitled
4517	An act relating to environmental protection; amending ss.
4518	199.1055, 220.1845, 376.30781, 376.80, and 376.86, F.S.;
4519	increasing the amount and percentage of the credit that
4520	may be applied against the intangible personal property
4521	tax and the corporate income tax for the cost of voluntary
4522	cleanup of a contaminated site; increasing the amount that
4523	may be received by the taxpayer as an incentive to
4524	complete the cleanup in the final year; increasing the
4525	total amount of credits that may be granted in any year;
4526	providing tax credits for voluntary cleanup activities
4527	related to solid waste disposal facilities; providing
4528	criteria for eligible sites and activities; increasing the
4529	amount of the Brownfield Areas Loan Guarantee; reducing
4530	the job creation requirements; directing the Department of
4531	Environmental Protection to apply certain criteria,
4532	requirements, and limitations for implementation of such
4533	provisions; providing certain exceptions; amending s.
4534	288.9015, F.S.; requiring Enterprise Florida, Inc., to
4535	aggressively market brownfields; amending ss. 196.012 and
4536	196.1995, F.S., to include brownfield areas in the
4537	implementation of the economic development ad valorem tax
4538	exemption authorized under s. 3, Art VII of the Florida
4539	Constitution; repealing s. 376.87, F.S., relating to the
4540	Brownfield Property Ownership Clearance Assistance;
4541	repealing s. 376.875, F.S., relating to the Brownfield
4542	Property Ownership Clearance Assistance Revolving Loan
4543	Trust Fund; amending s. 14.2015, F.S.; deleting a
4544	reference to the trust fund to conform; amending s.
4545	403.413, F.S.; clarifying who is liable for dumping under
4546	the Florida Litter Law; amending s. 403.4131, F.S.;
4547	deleting the provisions relating to Keep Florida
4548	Beautiful, Inc.; providing that certain counties are
4549	encouraged to develop a regional approach to coordinating
4550	litter control and prevention programs; deleting certain
4551	requirements for a litter survey; placing the Wildflower
4552	Advisory Council under the control of the Department of
4553	Agriculture and Consumer Services; revising the duties of
4554	the council; amending s. 403.41315, F.S.; conforming
4555	provisions to changes made to the Keep Florida Beautiful,
4556	Inc., program; amending s. 403.4133, F.S.; placing the
4557	Adopt-a-Shore Program within the Department of
4558	Environmental Protection; amending s. 320.08058, F.S.;
4559	requiring that the proceeds of the fees paid for
4560	Wildflower license plates be distributed to the Department
4561	of Agriculture and Consumer Services; specifying uses of
4562	the proceeds; transferring the balance of such proceeds
4563	from Keep Florida Beautiful, Inc., to the Department of
4564	Agriculture and Consumer Services; amending s. 403.703,
4565	F.S.; reordering definitions in alphabetical order;
4566	clarifying certain definitions and deleting definitions
4567	that are not used; amending ss. 316.003, 377.709, and
4568	487.048, F.S.; conforming cross-references; amending s.
4569	403.704, F.S.; deleting certain obsolete provisions
4570	relating to the state solid waste management program;
4571	amending s. 403.7043, F.S.; deleting certain obsolete and
4572	conflicting provisions relating to compost standards;
4573	amending s. 403.7045, F.S.; providing that industrial
4574	byproducts are not regulated under certain circumstances;
4575	conforming a cross-reference; clarifying certain
4576	provisions governing dredged material; amending s.
4577	403.707, F.S.; clarifying the Department of Environmental
4578	Preservation's permit authority; deleting certain obsolete
4579	provisions; creating s. 403.7071, F.S.; providing for the
4580	management and disposal of storm-generated debris;
4581	amending s. 403.708, F.S.; deleting obsolete provisions
4582	and clarifying certain provisions governing landfills;
4583	amending s. 403.709, F.S.; revising the provisions
4584	relating to the distribution of the waste tire fees;
4585	amending s. 403.7095, F.S., relating to the solid waste
4586	management grant program; conforming a cross-reference;
4587	amending s. 403.7125, F.S.; deleting certain definitions
4588	that appear elsewhere in law and clarifying certain
4589	financial-disclosure provisions with respect to the
4590	closure of a landfill; amending s. 403.716, F.S.; deleting
4591	certain provisions relating to the training of certain
4592	facility operators; amending s. 403.717, F.S.; clarifying
4593	the provisions relating to waste tires and the processing
4594	of waste tires; transferring, renumbering, and amending s.
4595	403.7221, F.S.; increasing the duration of certain
4596	research, development, and demonstration permits; amending
4597	s. 403.201, F.S.; conforming a cross-reference; amending
4598	s. 403.722, F.S.; clarifying provisions relating to who is
4599	required to obtain certain hazardous waste permits;
4600	amending s. 403.7226, F.S.; deleting a provision requiring
4601	a report that is duplicative of other reports; amending s.
4602	403.724, F.S.; clarifying certain financial-responsibility
4603	provisions; amending s. 403.7255, F.S.; providing
4604	additional requirements regarding the public notification
4605	of certain contaminated sites; amending s. 403.726, F.S.;
4606	authorizing the Department of Environmental Protection to
4607	issue an order to abate certain hazards; amending s.
4608	403.7265, F.S.; requiring a local government to provide
4609	matching funds for certain grants; providing that matching
4610	funds are not required under certain conditions; amending
4611	s. 403.885, F.S.; revising grant program eligibility
4612	requirements for certain water management and restoration
4613	projects; eliminating requirements for certain funding and
4614	legislative review of such projects; amending s. 373.1961,
4615	F.S.; conforming a cross-reference; repealing s. 403.7075,
4616	F.S., relating to the submission of certain plans for
4617	solid waste management facilities; repealing s. 403.756,
4618	F.S., relating to an annual used-oil report; directing the
4619	department to require and collect certain reports from
4620	each water management district, and to submit such
4621	findings to the Legislature by a certain date; amending s.
4622	206.606, F.S.; authorizing the use of certain funds for
4623	local boating related projects and activities; amending s.
4624	327.59, F.S.; authorizing marina owners, operators,
4625	employees, and agents to take actions to secure vessels
4626	during severe weather and to charge fees and be held
4627	harmless for such service; holding marina operators,
4628	employees, and agents liable for damage caused by
4629	intentional acts or negligence while removing or securing
4630	vessels; authorizing contract provisions and providing
4631	contract notice requirements relating to removing or
4632	securing vessels; amending s. 327.60, F.S.; providing for
4633	local regulation of anchoring within mooring fields;
4634	amending s. 328.64, F.S.; requiring the Department of
4635	Highway Safety and Motor Vehicles to provide forms for
4636	certain notification related to vessels; requiring the
4637	department to provide by rule for the surrender and
4638	replacement of certificates of registration to reflect
4639	change of address; amending s. 328.72, F.S.; requiring
4640	counties to use funds for specific boating related
4641	purposes; requiring counties to provide reports
4642	demonstrating specified expenditure of such funds;
4643	providing penalties for failure to comply; amending s.
4644	376.11, F.S.; authorizing the distribution of revenues
4645	from the Florida Coastal Protection Trust Fund to all
4646	local governments for the removal of certain vessels;
4647	amending s. 376.15, F.S.; revising provisions relating to
4648	the removal of abandoned and derelict vessels; specifying
4649	officers authorized to remove such vessels; providing that
4650	certain costs are recoverable; requiring the Department of
4651	Legal Affairs to represent the Fish and Wildlife
4652	Conservation Commission in certain actions; expanding
4653	eligibility for disbursement of grant funds for the
4654	removal of certain vessels; amending s. 403.813, F.S.;
4655	providing exemptions from permitting, registration, and
4656	regulation of floating vessel platforms or floating boat
4657	lifts by a local government; authorizing local governments
4658	to require certain permits or registration for floating
4659	vessel platforms or floating boat lifts under certain
4660	circumstances; amending s. 705.101, F.S.; revising the
4661	definition of "abandoned property" to include certain
4662	vessels; amending s. 705.103, F.S.; revising the
4663	terminology relating to abandoned or lost property to
4664	conform; amending s. 823.11, F.S.; revising provisions
4665	relating to abandoned and derelict vessels and the removal
4666	of such vessels; providing a definition of "derelict
4667	vessel"; specifying which officers may remove such
4668	vessels; directing the Fish and Wildlife Conservation
4669	Commission to implement a plan for the procurement of
4670	federal disaster funds for the removal of derelict
4671	vessels; requiring the Department of Legal Affairs to
4672	represent the commission in certain actions; deleting a
4673	provision authorizing the commission to delegate certain
4674	authority to local governments under certain
4675	circumstances; authorizing private property owners to
4676	remove certain vessels with required notice; providing
4677	that cost of such removal is recoverable; prohibiting
4678	private property owners from hindering the removal of
4679	certain vessels by vessel owners or agents; providing for
4680	jurisdictional imposition of civil penalties for
4681	violations relating to certain vessels; providing an
4682	exception for the mooring of certain vessels to upland
4683	properties under certain circumstances; amending s.
4684	893.02, F.S.; providing definitions; creating s. 893.121,
4685	F.S.; providing for quarantine of any residential property
4686	where illegal clandestine laboratory activities occurred;
4687	providing for establishment of a uniform notice and a
4688	uniform letter of notification; providing for posting of
4689	specified notice at the site of a quarantine; providing
4690	requirements for the sending of a specified letter of
4691	notification to a residential property owner or manager;
4692	providing for petitions by certain persons in circuit
4693	court to lift such quarantines under certain conditions;
4694	prohibiting specified violations relating to such
4695	quarantines; creating s. 893.122, F.S.; permitting
4696	demolition of quarantined residential property under
4697	certain conditions; providing immunity from health-based
4698	civil actions for residential property owners who have met
4699	specified clandestine laboratory decontamination standards
4700	as evidenced by specified documentation; providing an
4701	exception to such immunity for persons convicted of
4702	manufacturing controlled substances at the site; creating
4703	s. 893.123, F.S.; providing for rulemaking to adopt
4704	clandestine laboratory decontamination standards;
4705	providing for certificates of fitness to indicate that
4706	decontamination has been completed; providing requirements
4707	for the lifting of a quarantine upon demolition of the
4708	property; creating s. 893.124, F.S.; requiring the
4709	Department of Health to specify requirements for persons
4710	authorized to perform decontamination and contamination
4711	assessments; requiring the department to compile and
4712	maintain lists of decontamination and contamination
4713	assessment specialists; providing responsibilities for
4714	decontamination specialists; permitting decontamination
4715	and contamination assessment specialists to request
4716	specified documents; providing for the issuance of
4717	certificates of fitness by contamination assessment
4718	specialists; amending ss. 465.016, 465.023, 856.015,
4719	893.135, 944.47, 951.22, and 985.4046, F.S.; conforming
4720	cross-references; repealing ss. 403.78, 403.781, 403.782,
4721	403.783, 403.784, 403.7841, 403.7842, 403.785, 403.786,
4722	403.787, 403.7871, 403.7872, 403.7873, 403.788, 403.7881,
4723	403.789, 403.7891, 403.7892, 403.7893, and 403.7895, F.S.,
4724	relating to the Statewide Multipurpose Hazardous Waste
4725	Facility Siting Act; requiring the Department of
4726	Environmental Protection to conduct a study of the sources
4727	of nitrogen input into the Wekiva River and associated
4728	springs; requiring the Department of Health to contract
4729	for an independent study of the sources of nitrogen input
4730	from onsite sewage treatment and disposal systems into the
4731	Wekiva River and associated springs; requiring reports on
4732	such studies; providing report requirements; suspending
4733	certain department rulemaking until study completion;
4734	requiring the Department of Environmental Protection and
4735	the Department of Health to submit copies of the reports
4736	to the Legislature by a certain date; requiring the
4737	Department of Health to develop rules for a model proposal
4738	for the operation and maintenance of onsite sewage
4739	treatment and disposal systems in certain areas;
4740	specifying a rule criterion; providing appropriations;
4741	revising wetland mitigation regulations; providing an
4742	effective date.

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