1

The Committee on General Government Appropriations (Lawson)

2

recommended the following amendment:

3

4

     Senate Amendment (with title amendment)

5

     Delete everything after the enacting clause

6

and insert:

7

     Section 1.  Section 20.255, Florida Statutes, is reenacted

8

and amended to read:

9

     20.255  Department of Environmental Protection.--There is

10

created a Department of Environmental Protection.

11

     (1)  The head of the Department of Environmental Protection

12

shall be a secretary, who shall be appointed by the Governor,

13

with the concurrence of three or more members of the Cabinet. The

14

secretary shall be confirmed by the Florida Senate. The secretary

15

shall serve at the pleasure of the Governor.

16

     (2)(a)  There shall be three deputy secretaries who are to

17

be appointed by and shall serve at the pleasure of the secretary.

18

The secretary may assign any deputy secretary the responsibility

19

to supervise, coordinate, and formulate policy for any division,

20

office, or district. The following special offices are

21

established and headed by managers, each of whom is to be

22

appointed by and serve at the pleasure of the secretary:

23

     1. Office of Chief of Staff;,

24

     2. Office of General Counsel;,

25

     3. Office of Inspector General;,

26

     4. Office of External Affairs;,

27

     5. Office of Legislative and Government Affairs;, and

28

     6. Office of Intergovernmental Programs; and

29

     7.6. Office of Greenways and Trails.

30

     (b)  There shall be six administrative districts involved in

31

regulatory matters of waste management, water resource

32

management, wetlands, and air resources, which shall be headed by

33

managers, each of whom is to be appointed by and serve at the

34

pleasure of the secretary. Divisions of the department may have

35

one assistant or two deputy division directors, as required to

36

facilitate effective operation.

37

38

The managers of all divisions and offices specifically named in

39

this section and the directors of the six administrative

40

districts are exempt from part II of chapter 110 and are included

41

in the Senior Management Service in accordance with s.

42

110.205(2)(j).

43

     (3)  The following divisions of the Department of

44

Environmental Protection are established:

45

     (a)  Division of Administrative Services.

46

     (b)  Division of Air Resource Management.

47

     (c)  Division of Water Resource Management.

48

     (d)  Division of Law Enforcement.

49

     (e) Division of Environmental Assessment and Restoration

50

Resource Assessment and Management.

51

     (f)  Division of Waste Management.

52

     (g)  Division of Recreation and Parks.

53

     (h)  Division of State Lands, the director of which is to be

54

appointed by the secretary of the department, subject to

55

confirmation by the Governor and Cabinet sitting as the Board of

56

Trustees of the Internal Improvement Trust Fund.

57

58

In order to ensure statewide and intradepartmental consistency,

59

the department's divisions shall direct the district offices and

60

bureaus on matters of interpretation and applicability of the

61

department's rules and programs.

62

     (4)  Law enforcement officers of the Department of

63

Environmental Protection who meet the provisions of s. 943.13 are

64

constituted law enforcement officers of this state with full

65

power to investigate and arrest for any violation of the laws of

66

this state, and the rules of the department and the Board of

67

Trustees of the Internal Improvement Trust Fund. The general laws

68

applicable to investigations, searches, and arrests by peace

69

officers of this state apply to such law enforcement officers.

70

     (5)  Records and documents of the Department of

71

Environmental Protection shall be retained by the department as

72

specified in record retention schedules established under the

73

general provisions of chapters 119 and 257. Further, the

74

department is authorized to:

75

     (a)  Destroy, or otherwise dispose of, those records and

76

documents in conformity with the approved retention schedules.

77

     (b)  Photograph, microphotograph, or reproduce such records

78

and documents on film, as authorized and directed by the approved

79

retention schedules, whereby each page will be exposed in exact

80

conformity with the original records and documents retained in

81

compliance with the provisions of this section. Photographs or

82

microphotographs in the form of film or print of any records,

83

made in compliance with the provisions of this section, shall

84

have the same force and effect as the originals thereof would

85

have and shall be treated as originals for the purpose of their

86

admissibility in evidence. Duly certified or authenticated

87

reproductions of such photographs or microphotographs shall be

88

admitted in evidence equally with the original photographs or

89

microphotographs. The impression of the seal of the Department of

90

Environmental Protection on a certificate made by the department

91

and signed by the Secretary of Environmental Protection entitles

92

the certificate to be received in all courts and in all

93

proceedings in this state and is prima facie evidence of all

94

factual matters set forth in the certificate. A certificate may

95

relate to one or more records as set forth in the certificate or

96

in a schedule attached to the certificate.

97

     (6)  The Department of Environmental Protection may require

98

that bond be given by any employee of the department, payable to

99

the Governor of the state and the Governor's successor in office,

100

for the use and benefit of those whom it concerns, in such penal

101

sums and with such good and sufficient surety or sureties as are

102

approved by the department, conditioned upon the faithful

103

performance of the duties of the employee.

104

     (7)  There is created as a part of the Department of

105

Environmental Protection an Environmental Regulation Commission.

106

The commission shall be composed of seven residents of this state

107

appointed by the Governor, subject to confirmation by the Senate.

108

In making appointments, the Governor shall provide reasonable

109

representation from all sections of the state. Membership shall

110

be representative of agriculture, the development industry, local

111

government, the environmental community, lay citizens, and

112

members of the scientific and technical community who have

113

substantial expertise in the areas of the fate and transport of

114

water pollutants, toxicology, epidemiology, geology, biology,

115

environmental sciences, or engineering. The Governor shall

116

appoint the chair, and the vice chair shall be elected from among

117

the membership. All appointments shall be for 4-year terms. The

118

Governor may at any time fill a vacancy for the unexpired term.

119

The members of the commission shall serve without compensation,

120

but shall be paid travel and per diem as provided in s. 112.061

121

while in the performance of their official duties.

122

Administrative, personnel, and other support services necessary

123

for the commission shall be furnished by the department. The

124

commission may employ independent counsel and contract for the

125

services of outside technical consultants.

126

     (8)  The department is the agency of state government

127

responsible for collecting and analyzing information concerning

128

energy resources in this state; for coordinating the energy

129

conservation programs of state agencies; and for coordinating the

130

development, review, and implementation of the state's energy

131

policy.

132

     Section 2.  Section 373.228, Florida Statutes, is amended to

133

read:

134

     373.228  Landscape irrigation design.--

135

     (1)  The Legislature finds that multiple areas throughout

136

the state have been identified by water management districts as

137

water resource caution areas, which indicates that in the near

138

future water demand in those areas will exceed the current

139

available water supply and that conservation is one of the

140

mechanisms by which future water demand will be met.

141

     (2)  The Legislature finds that landscape irrigation

142

comprises a significant portion of water use and that the current

143

typical landscape irrigation system and xeriscape designs offer

144

significant potential water conservation benefits.

145

     (3)  It is the intent of the Legislature to improve

146

landscape irrigation water use efficiency by ensuring that

147

landscape irrigation systems meet or exceed minimum design

148

criteria.

149

     (4)  The water management districts shall work with the

150

Florida Nurserymen and Growers Association, the Florida Chapter

151

of the American Society of Landscape Architects, the Florida

152

Irrigation Society, the Department of Agriculture and Consumer

153

Services, the Institute of Food and Agricultural Sciences, the

154

Department of Environmental Protection, the Department of

155

Transportation, the Florida League of Cities, the Florida

156

Association of Counties, and the Florida Association of Community

157

Developers to develop landscape irrigation and xeriscape design

158

standards for new construction which incorporate a landscape

159

irrigation system and develop scientifically based model

160

guidelines for urban, commercial, and residential landscape

161

irrigation, including drip irrigation, for plants, trees, sod,

162

and other landscaping. The landscape and irrigation design

163

standards shall be based on the irrigation code defined in the

164

Florida Building Code, Plumbing Volume, Appendix F. Local

165

governments shall use the standards and guidelines when

166

developing landscape irrigation and xeriscape ordinances. By

167

January 1, 2011 Every 5 years, the agencies and entities

168

specified in this subsection shall review the standards and

169

guidelines to determine whether new research findings require a

170

change or modification of the standards and guidelines.

171

     Section 3.  Paragraph (d) of subsection (1) of section

172

376.303, Florida Statutes, is amended to read:

173

     376.303  Powers and duties of the Department of

174

Environmental Protection.--

175

     (1)  The department has the power and the duty to:

176

     (d)  Establish a registration program for drycleaning

177

facilities and wholesale supply facilities.

178

     1.  Owners or operators of drycleaning facilities and

179

wholesale supply facilities and real property owners shall

180

jointly register each facility owned and in operation with the

181

department by June 30, 1995, pay initial registration fees by

182

December 31, 1995, and pay annual renewal registration fees by

183

December 31, 1996, and each year thereafter, in accordance with

184

this subsection. If the registration form cannot be jointly

185

submitted, then the applicant shall provide notice of the

186

registration to other interested parties. The department shall

187

establish reasonable requirements for the registration of such

188

facilities. The department shall use reasonable efforts to

189

identify and notify drycleaning facilities and wholesale supply

190

facilities of the registration requirements by certified mail,

191

return receipt requested. The department shall provide to the

192

Department of Revenue a copy of each applicant's registration

193

materials, within 30 working days of the receipt of the

194

materials. This copy may be in such electronic format as the two

195

agencies mutually designate.

196

     2.a.  The department shall issue an invoice for annual

197

registration fees to each registered drycleaning facility or

198

wholesale supply facility by December 31 of each year. Owners of

199

drycleaning facilities and wholesale supply facilities shall

200

submit to the department an initial fee of $100 and an annual

201

renewal registration fee of $100 for each drycleaning facility or

202

wholesale supply facility owned and in operation. The fee shall

203

be paid within 30 days after receipt of billing by the

204

department. Facilities that fail to pay their renewal fee within

205

30 days after receipt of billing are subject to a late fee of

206

$75.

207

     b.  Revenues derived from registration, renewal, and late

208

fees shall be deposited into the Water Quality Assurance Trust

209

Fund to be used as provided in s. 376.3078.

210

     3. Effective March 1, 2009, a registered drycleaning

211

facility shall display in the vicinity of its drycleaning

212

machines the original or a copy of a valid and current

213

certificate evidencing registration with the department pursuant

214

to this paragraph. After that date, no person may sell or

215

transfer any drycleaning solvents to an owner or operator of a

216

drycleaning facility unless the owner or operator of the

217

drycleaning facility displays the certificate issued by the

218

department. Violators of this subparagraph are subject to the

219

remedies available to the department pursuant to s. 376.302.

220

     Section 4.  Subsection (19) of section 403.031, Florida

221

Statutes, is amended to read:

222

     403.031  Definitions.--In construing this chapter, or rules

223

and regulations adopted pursuant hereto, the following words,

224

phrases, or terms, unless the context otherwise indicates, have

225

the following meanings:

226

     (19) "Regulated air pollutant" means any pollutant

227

regulated under the federal Clean Air Act.:

228

     (a) Nitrogen oxides or any volatile organic compound;

229

     (b) Any pollutant regulated under 42 U.S.C. s. 7411 or s.

230

7412; or

231

     (c) Any pollutant for which a national primary ambient air

232

quality standard has been adopted.

233

     Section 5.  Section 403.0623, Florida Statutes, is amended

234

to read:

235

     403.0623  Environmental data; quality assurance.--The

236

department must establish, by rule, appropriate quality assurance

237

requirements for environmental data submitted to the department

238

and the criteria by which environmental data may be rejected by

239

the department. The department may adopt and enforce rules to

240

establish data quality objectives and specify requirements for

241

training of laboratory and field staff, sample collection

242

methodology, proficiency testing and audits of laboratory and

243

field sampling activities. Such rules may be in addition to any

244

laboratory certification provisions under ss. 403.0625 and

245

403.863.

246

     Section 6.  Subsection (1) of section 403.0872, Florida

247

Statutes, is amended to read:

248

     403.0872  Operation permits for major sources of air

249

pollution; annual operation license fee.--Provided that program

250

approval pursuant to 42 U.S.C. s. 7661a has been received from

251

the United States Environmental Protection Agency, beginning

252

January 2, 1995, each major source of air pollution, including

253

electrical power plants certified under s. 403.511, must obtain

254

from the department an operation permit for a major source of air

255

pollution under this section. This operation permit is the only

256

department operation permit for a major source of air pollution

257

required for such source; provided, at the applicant's request,

258

the department shall issue a separate acid rain permit for a

259

major source of air pollution that is an affected source within

260

the meaning of 42 U.S.C. s. 7651a(1). Operation permits for major

261

sources of air pollution, except general permits issued pursuant

262

to s. 403.814, must be issued in accordance with the procedures

263

contained in this section and in accordance with chapter 120;

264

however, to the extent that chapter 120 is inconsistent with the

265

provisions of this section, the procedures contained in this

266

section prevail.

267

     (1)  For purposes of this section, a major source of air

268

pollution means a stationary source of air pollution, or any

269

group of stationary sources within a contiguous area and under

270

common control, which emits any regulated air pollutant and which

271

is any of the following:

272

     (a)  A major source within the meaning of 42 U.S.C. s.

273

7412(a)(1);

274

     (b)  A major stationary source or major emitting facility

275

within the meaning of 42 U.S.C. s. 7602(j) or 42 U.S.C.

276

subchapter I, part C or part D;

277

     (c)  An affected source within the meaning of 42 U.S.C. s.

278

7651a(1);

279

     (d)  An air pollution source subject to standards or

280

regulations under 42 U.S.C. s. 7411 or s. 7412; provided that a

281

source is not a major source solely because of its regulation

282

under 42 U.S.C. s. 7412(r); or

283

     (e)  A stationary air pollution source belonging to a

284

category designated as a 40 C.F.R. part 70 source by regulations

285

adopted by the administrator of the United States Environmental

286

Protection Agency under 42 U.S.C. ss. 7661 et seq. The department

287

shall exempt those facilities that are subject to this section

288

solely because they are subject to requirements under 42 U.S.C.

289

s. 7411 or s. 7412 or solely because they are subject to

290

reporting requirements under 42 U.S.C. s. 7412 for as long as the

291

exemption is available under federal law.

292

     Section 7.  Section 373.109, Florida Statutes, is amended to

293

read:

294

     373.109  Permit application fees.--When a water management

295

district governing board, the department, or a local government

296

implements a regulatory system under this chapter or one which

297

has been delegated pursuant to chapter 403, it may establish a

298

schedule of fees for filing applications for the required

299

permits. Such fees shall not exceed the cost to the district, the

300

department, or the local government for processing, monitoring,

301

and inspecting for compliance with the permit.

302

(1)(a) The department shall initiate rulemaking no later

303

than December 1, 2008 to increase each application fee authorized

304

under part IV of this chapter and adopted by rule to ensure that

305

such fees reflect, at a minimum, any upward adjustment in the

306

Consumer Price Index compiled by the United States Department of

307

Labor, or similar inflation indicator, since the original fee was

308

established or most recently revised. The department shall

309

establish by rule the inflation index to be used for this

310

purpose.

311

(b) The department shall charge a fee of at least $250 for

312

a noticed general permit or individual permit as established in

313

department rules.

314

(c) Notwithstanding subsection 120.60(2), F.S., the fee for

315

verification that an activity is exempt from regulation under s.

316

403.813 or part IV of this chapter shall be at least $100 or as

317

otherwise established by department rule not to exceed $500.

318

(d) The department shall charge a fee of at least $100 and

319

not to exceed $500 for conducting informal wetland boundary

320

determinations as a public service to applicants or potential

321

applicants for permits under part IV of this chapter. An

322

informal wetland boundary determination is not an application for

323

a permit and is not subject to the permit review timeframes

324

established in this chapter or chapter 120 nor does it constitute

325

final agency action.

326

(2) The department shall review the fees authorized under

327

part IV of this chapter at least once every five years and shall

328

adjust the fees upward, as necessary, to reflect changes in the

329

Consumer Price Index or similar inflation indicator. In the

330

event of deflation, the department shall consult with the

331

Executive Office of the Governor and Legislature to determine

332

whether downward fee adjustments are appropriate given then

333

current budget and appropriation considerations.

334

     (3)(1) All moneys received under the provisions of this

335

section shall be allocated for the use of the water management

336

district, the department, or the local government, whichever

337

processed the permit, and shall be in addition to moneys

338

otherwise appropriated in any general appropriation act. All

339

moneys received by the department under the provisions of this

340

section shall be deposited in the Florida Permit Fee Trust Fund

341

established by s. 403.0871 and shall be used by the department as

342

provided therein. Moneys received by a water management district

343

or the department under the provisions of this section shall be

344

in addition to moneys otherwise appropriated in any general

345

appropriation act.

346

     (4)(2) The failure of any person to pay the fees

347

established hereunder constitutes grounds for revocation or

348

denial of the permit.

349

     (5) Effective July 1, 2008, the minimum fee amounts shall

350

be the minimum fees prescribed in this section, and such fee

351

amounts shall remain in effect until the effective date of fees

352

promulgated by rule by the department.

353

     Section 8.  Section 403.087, Florida Statutes, is amended to

354

read:

355

     403.087  Permits; general issuance; denial; revocation;

356

prohibition; penalty.--

357

     (1)  A stationary installation that is reasonably expected

358

to be a source of air or water pollution must not be operated,

359

maintained, constructed, expanded, or modified without an

360

appropriate and currently valid permit issued by the department,

361

unless exempted by department rule. In no event shall a permit

362

for a water pollution source be issued for a term of more than 10

363

years, nor may an operation permit issued after July 1, 1992, for

364

a major source of air pollution have a fixed term of more than 5

365

years. However, upon expiration, a new permit may be issued by

366

the department in accordance with this chapter and the rules of

367

the department.

368

     (2)  The department shall adopt, and may amend or repeal,

369

rules for the issuance, denial, modification, and revocation of

370

permits under this section.

371

     (3)  A renewal of an operation permit for a domestic

372

wastewater treatment facility other than a facility regulated

373

under the National Pollutant Discharge Elimination System (NPDES)

374

Program under s. 403.0885 must be issued upon request for a term

375

of up to 10 years, for the same fee and under the same conditions

376

as a 5-year permit, in order to provide the owner or operator

377

with a financial incentive, if:

378

     (a)  The waters from the treatment facility are not

379

discharged to Class I municipal injection wells or the treatment

380

facility is not required to comply with the federal standards

381

under the Underground Injection Control Program under chapter 62-

382

528 of the Florida Administrative Code;

383

     (b)  The treatment facility is not operating under a

384

temporary operating permit or a permit with an accompanying

385

administrative order and does not have any enforcement action

386

pending against it by the United States Environmental Protection

387

Agency, the department, or a local program approved under s.

388

403.182;

389

     (c)  The treatment facility has operated under an operation

390

permit for 5 years and, for at least the preceding 2 years, has

391

generally operated in conformance with the limits of permitted

392

flows and other conditions specified in the permit;

393

     (d)  The department has reviewed the discharge-monitoring

394

reports required under department rule and is satisfied that the

395

reports are accurate;

396

     (e)  The treatment facility has generally met water quality

397

standards in the preceding 2 years, except for violations

398

attributable to events beyond the control of the treatment plant

399

or its operator, such as destruction of equipment by fire, wind,

400

or other abnormal events that could not reasonably be expected to

401

occur; and

402

     (f)  The department, or a local program approved under s.

403

403.182, has conducted, in the preceding 12 months, an inspection

404

of the facility and has verified in writing to the operator of

405

the facility that it is not exceeding the permitted capacity and

406

is in substantial compliance.

407

408

The department shall keep records of the number of 10-year

409

permits applied for and the number and duration of permits issued

410

for longer than 5 years.

411

     (4)  The department shall issue permits on such conditions

412

as are necessary to effect the intent and purposes of this

413

section.

414

     (5)  The department shall issue permits to construct,

415

operate, maintain, expand, or modify an installation which may

416

reasonably be expected to be a source of pollution only when it

417

determines that the installation is provided or equipped with

418

pollution control facilities that will abate or prevent pollution

419

to the degree that will comply with the standards or rules

420

adopted by the department, except as provided in s. 403.088 or s.

421

403.0872. However, separate construction permits shall not be

422

required for installations permitted under s. 403.0885, except

423

that the department may require an owner or operator proposing to

424

construct, expand, or modify such an installation to submit for

425

department review, as part of application for permit or permit

426

modification, engineering plans, preliminary design reports, or

427

other information 90 days prior to commencing construction. The

428

department may also require the engineer of record or another

429

registered professional engineer, within 30 days after

430

construction is complete, to certify that the construction was

431

completed in accordance with the plans submitted to the

432

department, noting minor deviations which were necessary because

433

of site-specific conditions.

434

     (6)(a)  The department shall require a processing fee in an

435

amount sufficient, to the greatest extent possible, to cover the

436

costs of reviewing and acting upon any application for a permit

437

or request for site-specific alternative criteria or for an

438

exemption from water quality criteria and to cover the costs of

439

surveillance and other field services and related support

440

activities associated with any permit or plan approval issued

441

pursuant to this chapter. The department shall review the fees

442

authorized under this chapter at least once every 5 years and

443

shall adjust the fees upward, as necessary, within the fee caps

444

established in this paragraph to reflect changes in the Consumer

445

Price Index or similar inflation indicator. The department shall

446

establish by rule the inflation index to be used for this

447

purpose. In the event of deflation, the department shall consult

448

with the Executive Office of the Governor and the Legislature to

449

determine whether downward fee adjustments are appropriate based

450

on the current budget and appropriation considerations. However,

451

when an application is received without the required fee, the

452

department shall acknowledge receipt of the application and shall

453

immediately return the unprocessed application to the applicant

454

and shall take no further action until the application is

455

received with the appropriate fee. The department shall adopt a

456

schedule of fees by rule, subject to the following limitations:

457

     1.  The fee for any of the following may not exceed $32,500:

458

     a.  Hazardous waste, construction permit.

459

     b.  Hazardous waste, operation permit.

460

     c.  Hazardous waste, postclosure permit, or clean closure

461

plan approval.

462

     d.  Hazardous waste, corrective action permit.

463

     2. The permit fee for a drinking water construction or

464

operation permit, not including the operation license fee

465

required under s. 403.861(7), shall be at least $500 and may not

466

exceed $15,000.

467

     3.2. The permit fee for a Class I injection well

468

construction permit may not exceed $12,500.

469

     4.3. The permit fee for any of the following permits may

470

not exceed $10,000:

471

     a.  Solid waste, construction permit.

472

     b.  Solid waste, operation permit.

473

     c.  Class I injection well, operation permit.

474

     5.4. The permit fee for any of the following permits may

475

not exceed $7,500:

476

     a.  Air pollution, construction permit.

477

     b.  Solid waste, closure permit.

478

     c. Drinking water, construction or operation permit.

479

     c.d. Domestic waste residuals, construction or operation

480

permit.

481

     d.e. Industrial waste, operation permit.

482

     e.f. Industrial waste, construction permit.

483

     6.5. The permit fee for any of the following permits may

484

not exceed $5,000:

485

     a.  Domestic waste, operation permit.

486

     b.  Domestic waste, construction permit.

487

     7.6. The permit fee for any of the following permits may

488

not exceed $4,000:

489

     a. Wetlands resource management--(dredge and fill and

490

mangrove alteration), standard form permit.

491

     b.  Hazardous waste, research and development permit.

492

     c.  Air pollution, operation permit, for sources not subject

493

to s. 403.0872.

494

     d.  Class III injection well, construction, operation, or

495

abandonment permits.

496

     8. The permit fee for a drinking water distribution system

497

permit, including a general permit, shall be at least $500 and

498

may not exceed $1,000.

499

     9.7. The permit fee for Class V injection wells,

500

construction, operation, and abandonment permits may not exceed

501

$750.

502

     10.8. The permit fee for domestic waste collection system

503

permits any of the following permits may not exceed $500:

504

     a. Domestic waste, collection system permits.

505

     b. Wetlands resource management--(dredge and fill and

506

mangrove alterations), short permit form.

507

     c. Drinking water, distribution system permit.

508

     11.9. The permit fee for stormwater operation permits may

509

not exceed $100.

510

     12.10. Except as provided in subparagraph 8., the general

511

permit fees for permits that require certification by a

512

registered professional engineer or professional geologist may

513

not exceed $500; the. The general permit fee for other permit

514

types may not exceed $100.

515

     13.11. The fee for a permit issued pursuant to s. 403.816

516

is $5,000, and the fee for any modification of such permit

517

requested by the applicant is $1,000.

518

     14.12. The regulatory program and surveillance fees for

519

facilities permitted pursuant to s. 403.088 or s. 403.0885, or

520

for facilities permitted pursuant to s. 402 of the Clean Water

521

Act, as amended, 33 U.S.C. ss. 1251 et seq., and for which the

522

department has been granted administrative authority, shall be

523

limited as follows:

524

     a.  The fees for domestic wastewater facilities shall not

525

exceed $7,500 annually. The department shall establish a sliding

526

scale of fees based on the permitted capacity and shall ensure

527

smaller domestic waste dischargers do not bear an inordinate

528

share of costs of the program.

529

     b.  The annual fees for industrial waste facilities shall

530

not exceed $11,500. The department shall establish a sliding

531

scale of fees based upon the volume, concentration, or nature of

532

the industrial waste discharge and shall ensure smaller

533

industrial waste dischargers do not bear an inordinate share of

534

costs of the program.

535

     c.  The department may establish a fee, not to exceed the

536

amounts in subparagraphs 4. and 5., to cover additional costs of

537

review required for permit modification or construction

538

engineering plans.

539

     (b)  If substantially similar air pollution sources are to

540

be constructed or modified at the same facility, the applicant

541

may submit a single application and permit fee for construction

542

or modification of the sources at that facility. If substantially

543

similar air pollution sources located at the same facility do not

544

constitute a major source of air pollution subject to permitting

545

under s. 403.0872, the applicant may submit a single application

546

and permit fee for the operation of those sources. The department

547

may develop, by rule, criteria for determining what constitutes

548

substantially similar sources.

549

     (c)  The fee schedule shall be adopted by rule. The amount

550

of each fee shall be reasonably related to the costs of

551

permitting, field services, and related support activities for

552

the particular permitting activity taking into consideration

553

consistently applied standard cost-accounting principles and

554

economies of scale. If the department requires, by rule or by

555

permit condition, that a permit be renewed more frequently than

556

once every 5 years, the permit fee shall be prorated based upon

557

the permit fee schedule in effect at the time of permit renewal.

558

     (d)  Nothing in this subsection authorizes the construction

559

or expansion of any stationary installation except to the extent

560

specifically authorized by department permit or rule.

561

     (e)  For all domestic waste collection system permits and

562

drinking water distribution system permits, the department shall

563

adopt a fee schedule, by rule, based on a sliding scale relating

564

to pipe diameter, length of the proposed main, or equivalent

565

dwelling units, or any combination of these factors. The

566

department shall require a separate permit application and fee

567

for each noncontiguous project within the system.

568

     (7)  A permit issued pursuant to this section shall not

569

become a vested right in the permittee. The department may revoke

570

any permit issued by it if it finds that the permitholder:

571

     (a)  Has submitted false or inaccurate information in his or

572

her application;

573

     (b)  Has violated law, department orders, rules, or

574

regulations, or permit conditions;

575

     (c)  Has failed to submit operational reports or other

576

information required by department rule or regulation; or

577

     (d)  Has refused lawful inspection under s. 403.091.

578

     (8)  The department shall not issue a permit to any person

579

for the purpose of engaging in, or attempting to engage in, any

580

activity relating to the extraction of solid minerals not exempt

581

pursuant to chapter 211 within any state or national park or

582

state or national forest when the activity will degrade the

583

ambient quality of the waters of the state or the ambient air

584

within those areas. In the event the Federal Government prohibits

585

the mining or leasing of solid minerals on federal park or forest

586

lands, then, and to the extent of such prohibition, this act

587

shall not apply to those federal lands.

588

     (9)  A violation of this section is punishable as provided

589

in this chapter.

590

     (10) Effective July 1, 2008 the minimum fee amounts shall

591

be the minimum fee prescribed in this section, and such fee

592

amounts shall remain in effect until the effective date of a fee

593

promulgated by rule by the department.

594

     Section 9.  Subsections (7) and (8) of section 403.861,

595

Florida Statutes, are amended to read:

596

     403.861  Department; powers and duties.--The department

597

shall have the power and the duty to carry out the provisions and

598

purposes of this act and, for this purpose, to:

599

     (7)  Issue permits for constructing, altering, extending, or

600

operating a public water system, based upon the size of the

601

system, type of treatment provided by the system, or population

602

served by the system, including issuance of an annual operation

603

license.

604

     (a) The department may issue a permit for a public water

605

system based upon review of a preliminary design report or plans

606

and specifications, and a completed permit application form, and

607

other required information as set forth in department rule,

608

including receipt of an appropriate fee. The department may

609

     (8) require a fee in an amount sufficient to cover the

610

costs of viewing and acting upon any application for the

611

construction and operation of a public water supply system and

612

the costs of surveillance and other field services associated

613

with any permit issued, but the amount in no case shall exceed

614

$15,000 $7,500. The fee schedule shall be adopted by rule based

615

on a sliding scale relating to the size, type of treatment, or

616

population served by the system that is proposed by the

617

applicant.

618

(b) Each public water system that operates in this state

619

shall submit annually to the department an operation license fee,

620

separate from and in addition to any permit application fees

621

required under paragraph (a), in an amount established by

622

department rule. The amount of each fee shall be reasonably

623

related to the size of the public water system, type of

624

treatment, population served, amount of source water used, or any

625

combination of these factors, but the fee may not be less than

626

$50 or greater than $7,500. Public water systems shall pay annual

627

operation license fees at a time and in a manner prescribed by

628

department rule.

629

     (8) Initiate rulemaking no later than July 1, 2008, to

630

increase each drinking water permit application fee authorized

631

under s. 403.087(6) and this part and adopted by rule to ensure

632

that such fees are increased to reflect, at a minimum, any upward

633

adjustment in the Consumer Price Index compiled by the United

634

States Department of Labor, or similar inflation indicator, since

635

the original fee was established or most recently revised. The

636

department shall establish by rule the inflation index to be used

637

for this purpose. The department shall review the drinking water

638

permit application fees authorized under s. 403.087(6) and this

639

part at least once every 5 years and shall adjust the fees

640

upward, as necessary, within the fee caps established below, to

641

reflect changes in the Consumer Price Index or similar inflation

642

indicator. In the event of deflation, the department shall

643

consult with the Executive Office of the Governor and the

644

Legislature to determine whether downward fee adjustments are

645

appropriate based on the current budget and appropriation

646

considerations. The department shall also review the drinking

647

water operation license fees established pursuant to paragraph

648

(7)(b) at least once every 5 years to adopt, as necessary, the

649

same inflationary adjustments provided for in this subsection.

650

     (9) Effective July 1, 2008 the minimum fee amounts shall be

651

the minimum fee prescribed in this section, and such fee amount

652

shall remain in effect until the effective date of a fee

653

promulgated by rule by the department.

654

     Section 10.  Section 403.873, Florida Statutes, is amended

655

to read:

656

     403.873  Renewal of license.--

657

     (1)  The department shall renew a license upon receipt of

658

the renewal application, proof of completion of department-

659

approved continuing education units during the current biennium,

660

and fee and in accordance with the other provisions of ss.

661

403.865-403.876.

662

     (2)  The department shall adopt rules establishing a

663

procedure for the biennial renewal of licenses, including the

664

requirements for continuing education.

665

     Section 11.  Section 403.874, Florida Statutes, is amended

666

to read:

667

     403.874  Inactive status.--

668

     (1)  The department shall reactivate an inactive license

669

upon receipt of the reactivation application and fee within the

670

two-year period immediately following the expiration date of the

671

license. Any license not reactivated within this two-year period

672

shall be null and void and an operator seeking a license

673

thereafter must meet the training, examination, and the

674

experience requirements for the type and class or level of

675

license sought.

676

     (2)  The department shall adopt rules relating to licenses

677

that have become inactive and for the reactivation of inactive

678

licenses, and for the procedure for null and void licenses and

679

how to obtain a new license after a license has become null and

680

void.

681

     Section 12. Section 378.011, Florida Statutes, is repealed.

682

     Section 13. Chapter 325, Florida Statutes, consisting of

683

ss. 325.2055, 325.221, 325.222, and 325.223, Florida Statutes, is

684

repealed.

685

     Section 14. Section 403.08725, Florida Statutes, is

686

repealed.

687

     Section 15.  Paragraph (a) of subsection (3) of section

688

373.503, Florida Statutes, is amended to read:

689

     373.503  Manner of taxation.--

690

     (3)(a)  The districts may levy ad valorem taxes on property

691

within the district solely for the purposes of this chapter and

692

of chapter 25270, 1949, Laws of Florida, as amended, and chapter

693

61-691, Laws of Florida, as amended. The authority to levy ad

694

valorem taxes as provided in this act shall commence with the

695

year 1977. However, the taxes levied for 1977 by the governing

696

boards pursuant to this section shall be prorated to ensure that

697

no such taxes will be levied for the first 4 days of the tax

698

year, which days will fall prior to the effective date of the

699

amendment to s. 9(b), Art. VII of the State Constitution, which

700

was approved March 9, 1976. When appropriate, taxes levied by

701

each governing board may be separated by the governing board into

702

a millage necessary for the purposes of the district and a

703

millage necessary for financing basin functions specified in s.

704

373.0695. Beginning with the taxing year 1977, and

705

notwithstanding the provisions of any other general or special

706

law to the contrary, the maximum total millage rate for district

707

and basin purposes shall be:

708

     1. Northwest Florida Water Management District: 0.2 0.05

709

mill.

710

     2.  Suwannee River Water Management District: 0.75 mill.

711

     3.  St. Johns River Water Management District: 0.6 mill.

712

     4.  Southwest Florida Water Management District: 1.0 mill.

713

     5.  South Florida Water Management District: 0.80 mill.

714

     Section 16. The amendment to paragraph (a) of subsection

715

(3) of s. 373.503, Florida Statutes, made by this act shall take

716

effect on the same date that the amendment to the State

717

Constitution proposed in Senate Joint Resolution 1848 or similar

718

legislation takes effect, if such Joint Resolution is enacted

719

during the 2008 Regular Session of the Legislature or an

720

extension thereof and is submitted to the electors of this state

721

for their approval or rejection at the general election to be

722

held in November 2008.

723

     Section 17. Should the amendment to paragraph (1) of

724

subsection (3) of s. 373.503, Florida Statutes, become effective,

725

the Northwest Florida Water Management district may adjust their

726

millage rate pursuant to the provisions of s. 373.503, Florida

727

Statutes and notwithstanding the provisions of s. 200.185,

728

Florida Statutes.

729

     Section 18.  This act shall take effect upon becoming a law.

730

731

================ T I T L E  A M E N D M E N T ================

732

And the title is amended as follows:

733

     Delete everything before the enacting clause

734

and insert:

735

A bill to be entitled

736

An act relating to a review of the Department of

737

Environmental Protection under the Florida government

738

Accountability Act; reenacting and amending s. 20.255,

739

F.S., relating to the establishment of the department;

740

renaming the Office of Legislative and Government Affairs

741

as the "Office of Legislative Affairs"; creating the

742

Office of Intergovernmental Programs within the

743

department; renaming the Division of Resource Assessment

744

and Management as the "Division of Environmental

745

Assessment and Restoration"; authorizing the Environmental

746

Regulation Commission to employ independent counsel and

747

contract for outside technical consultants; amending s.

748

373.228, F.S.; requiring that certain entities review the

749

standards and guidelines for landscape irrigation and

750

xeriscape ordinances by a date certain; amending s.

751

376.303, F.S.; requiring a drycleaning facility to display

752

a current and valid Department of environmental Protection

753

certificate of registration; prohibiting the sale or

754

transfer of drycleaning solvents after a certain date to

755

owners or operators of drycleaning facilities unless a

756

registration certificate is displayed; providing

757

penalties; amend s. 403.031, F.S.; conforming the

758

definition of the term "regulated air pollutant" to

759

changes made in the federal Clean Air Act; amending s.

760

403.0623, F.S.; providing rulemaking authority for

761

biological sampling techniques; amending s. 403.0872,

762

F.S.; conforming the requirements for air operation

763

permits to changes made to Title V of the Clean Air Act to

764

delete certain minor sources from the Title V permitting

765

requirements; amending s. 373.109, F.S.; requiring the

766

department to initiate rulemaking by a date certain to

767

adjust permit fees; providing for fees to be imposed for

768

verifying that certain activities are exempt from

769

regulation; providing for a fee for conducting informal

770

wetland boundary determinations; specifying special

771

conditions that apply to such determinations; amending s.

772

403.087, F.S.; providing minimum and maximum amounts for

773

certain fees relating to wastewater treatment facilities;

774

amending s. 403.861, F.S.; providing for a public water

775

system application fee; requiring the department to adopt

776

rules for periodically adjusting the application fee;

777

amending s. 403.873, F.S.; providing rulemaking authority

778

for continuing education requirements for water utility

779

operators; amending s. 403.874, F.S.; providing for the

780

reinstatement of certain water utility operator

781

certifications; repealing s. 378.011, F.S., relating to

782

the Land Use Advisory Committee; repealing ch. 325, F.S.,

783

consisting of ss. 325.2055, 325.221, 325.222, and 325.223,

784

F.S., relating to motor vehicle air conditioning

785

refrigerants; repealing s. 403.08725, F.S., relating to

786

citrus juice processing facilities; amending s. 373.503,

787

F.S.; increasing the millage rate for the Northwest

788

Florida Water Management district; providing that the

789

increased millage rate is contingent upon passage of a

790

constitutional amendment; providing an effective date.

791

792

     WHEREAS, ss. 11.901-11.920, Florida Statutes, the Florida

793

Government Accountability Act, subjects the Department of

794

Environmental Protection and its respective advisory committees

795

to a sunset review process in order to determine whether the

796

agency should be retained, modified, or abolished, and

797

     WHEREAS, the Department of Environmental Protection

798

produced a report providing specific information, as enumerated

799

in s. 11.906, Florida Statutes, and

800

     WHEREAS, upon receipt of the report, the Joint Legislative

801

Sunset Committee and committees of the Senate and the House of

802

Representatives assigned to act as sunset review committees

803

reviewed the report and requested studies by the Office of

804

Program Policy Analysis and Government Accountability, and

805

     WHEREAS, based on the department's report, studies of the

806

Office of Program Policy Analysis and Government

807

Accountability, and public input, the Joint Legislative Sunset

808

Committee and legislative sunset review committees made

809

recommendations on the abolition, continuation, or

810

reorganization of the Department of Environmental Protection

811

and its advisory committees; on the need for the functions

812

performed by the agency and its advisory committees; and on the

813

consolidation, transfer, or reorganization of programs within

814

the Department of Environmental Protection, NOW, THEREFORE,

815

providing an effective date.

3/31/2008  6:36:00 PM     EP.GA.06312