Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 1294

520192

CHAMBER ACTION

Senate

Comm: RCS

3/13/2008

House

The Committee on Environmental Preservation and Conservation

(Saunders) recommended the following amendment:

Senate Amendment (with title amendment)

Delete everything after the enacting clause

and insert:

Section 1. Section 20.255, Florida Statutes, is reenacted

and amended to read:

20.255 Department of Environmental Protection.--There is

created a Department of Environmental Protection.

(1) The head of the Department of Environmental Protection

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

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

The secretary shall be confirmed by the Florida Senate. The

secretary shall serve at the pleasure of the Governor.

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

be appointed by and shall serve at the pleasure of the

secretary. The secretary may assign any deputy secretary the

responsibility to supervise, coordinate, and formulate policy

for any division, office, or district. The following special

offices are established and headed by managers, each of whom is

to be appointed by and serve at the pleasure of the secretary:

1. Office of Chief of Staff,

2. Office of General Counsel,

3. Office of Inspector General,

4. Office of External Affairs,

5. Office of Legislative and Government Affairs, and

6. Office of Intergovernmental Programs, and

7.6. Office of Greenways and Trails.

(b) There shall be six administrative districts involved

in regulatory matters of waste management, water resource

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

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

pleasure of the secretary. Divisions of the department may have

one assistant or two deputy division directors, as required to

facilitate effective operation.

The managers of all divisions and offices specifically named in

this section and the directors of the six administrative

districts are exempt from part II of chapter 110 and are

included in the Senior Management Service in accordance with s.

110.205(2)(j).

(3) The following divisions of the Department of

Environmental Protection are established:

(a) Division of Administrative Services.

(b) Division of Air Resource Management.

(d) Division of Law Enforcement.

(e) Division of Environmental Assessment and Restoration

Resource Assessment and Management.

(f) Division of Waste Management.

(g) Division of Recreation and Parks.

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

be appointed by the secretary of the department, subject to

confirmation by the Governor and Cabinet sitting as the Board of

Trustees of the Internal Improvement Trust Fund.

In order to ensure statewide and intradepartmental consistency,

the department's divisions shall direct the district offices and

bureaus on matters of interpretation and applicability of the

department's rules and programs.

(4) Law enforcement officers of the Department of

Environmental Protection who meet the provisions of s. 943.13

are constituted law enforcement officers of this state with full

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

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

Trustees of the Internal Improvement Trust Fund. The general

laws applicable to investigations, searches, and arrests by

peace officers of this state apply to such law enforcement

officers.

(5) Records and documents of the Department of

Environmental Protection shall be retained by the department as

specified in record retention schedules established under the

general provisions of chapters 119 and 257. Further, the

department is authorized to:

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

documents in conformity with the approved retention schedules.

(b) Photograph, microphotograph, or reproduce such records

and documents on film, as authorized and directed by the

approved retention schedules, whereby each page will be exposed

in exact conformity with the original records and documents

retained in compliance with the provisions of this section.

Photographs or microphotographs in the form of film or print of

any records, made in compliance with the provisions of this

section, shall have the same force and effect as the originals

thereof would have and shall be treated as originals for the

purpose of their admissibility in evidence. Duly certified or

authenticated reproductions of such photographs or

microphotographs shall be admitted in evidence equally with the

original photographs or microphotographs. The impression of the

seal of the Department of Environmental Protection on a

certificate made by the department and signed by the Secretary

of Environmental Protection entitles the certificate to be

received in all courts and in all proceedings in this state and

is prima facie evidence of all factual matters set forth in the

certificate. A certificate may relate to one or more records as

set forth in the certificate or in a schedule attached to the

certificate.

(6) The Department of Environmental Protection may require

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

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

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

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such penal sums and with such good and sufficient surety or

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sureties as are approved by the department, conditioned upon the

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faithful performance of the duties of the employee.

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

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Environmental Protection an Environmental Regulation Commission.

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The commission shall be composed of seven residents of this

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state appointed by the Governor, subject to confirmation by the

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Senate. In making appointments, the Governor shall provide

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reasonable representation from all sections of the state.

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Membership shall be representative of agriculture, the

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development industry, local government, the environmental

114

community, lay citizens, and members of the scientific and

115

technical community who have substantial expertise in the areas

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of the fate and transport of water pollutants, toxicology,

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epidemiology, geology, biology, environmental sciences, or

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engineering. The Governor shall appoint the chair, and the vice

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chair shall be elected from among the membership. All

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appointments shall be for 4-year terms. The Governor may at any

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time fill a vacancy for the unexpired term. The members of the

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commission shall serve without compensation, but shall be paid

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travel and per diem as provided in s. 112.061 while in the

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performance of their official duties. Administrative, personnel,

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and other support services necessary for the commission shall be

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furnished by the department. The commission may employ

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independent counsel and contract for the services of outside

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technical consultants.

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(8) The department is the agency of state government

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responsible for collecting and analyzing information concerning

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energy resources in this state; for coordinating the energy

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conservation programs of state agencies; and for coordinating

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

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energy policy.

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Section 2. Subsection (12) is added to section 211.3103,

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Florida Statutes, to read:

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211.3103 Levy of tax on severance of phosphate rock; rate,

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basis, and distribution of tax.--

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(12) Beginning July 1, 2008, there is hereby levied a

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surcharge of $0.85 per ton severed. The surcharge shall be

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deposited into the Nonmandatory Land Reclamation Trust Fund and

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shall be exempt from the distribution formula provided in this

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section. Revenues derived from the surcharge shall be exempt

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from the General Revenue service charge. Use of the revenues

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generated from the surcharge shall be used to augment funds

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appropriated for the reclamation of Piney Point and Mulberry and

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other approved reclamation efforts. The surcharge authorized by

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this subsection shall no longer be levied after July 1, 2013.

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Section 3. Section 373.228, Florida Statutes, is amended

150

to read:

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373.228 Landscape irrigation design.--

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(1) The Legislature finds that multiple areas throughout

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the state have been identified by water management districts as

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water resource caution areas, which indicates that in the near

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future water demand in those areas will exceed the current

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available water supply and that conservation is one of the

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mechanisms by which future water demand will be met.

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(2) The Legislature finds that landscape irrigation

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comprises a significant portion of water use and that the

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current typical landscape irrigation system and xeriscape

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designs offer significant potential water conservation benefits.

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

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landscape irrigation water use efficiency by ensuring that

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landscape irrigation systems meet or exceed minimum design

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criteria.

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(4) The water management districts shall work with the

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Florida Nurserymen and Growers Association, the Florida Chapter

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of the American Society of Landscape Architects, the Florida

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Irrigation Society, the Department of Agriculture and Consumer

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Services, the Institute of Food and Agricultural Sciences, the

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Department of Environmental Protection, the Department of

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Transportation, the Florida League of Cities, the Florida

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Association of Counties, and the Florida Association of

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Community Developers to develop landscape irrigation and

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xeriscape design standards for new construction which

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incorporate a landscape irrigation system and develop

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scientifically based model guidelines for urban, commercial, and

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residential landscape irrigation, including drip irrigation, for

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plants, trees, sod, and other landscaping. The landscape and

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irrigation design standards shall be based on the irrigation

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code defined in the Florida Building Code, Plumbing Volume,

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Appendix F. Local governments shall use the standards and

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guidelines when developing landscape irrigation and xeriscape

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ordinances. By January 1, 2011 Every 5 years, the agencies and

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entities specified in this subsection shall review the standards

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and guidelines to determine whether new research findings

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require a change or modification of the standards and

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guidelines.

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Section 4. Section 376.75, Florida Statutes, is amended to

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read:

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376.75 Tax on production or importation of

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perchloroethylene.--

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(1) Beginning October 1, 1994, a tax of $5 per gallon is

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levied on the sale of perchloroethylene (tetrachloroethylene) in

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this state to a drycleaning facility located in this state or

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the import of perchloroethylene into this state by a drycleaning

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facility. A drycleaning facility must be registered with the

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Department of Environmental Protection and must show proof of

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such registration prior to purchasing any drycleaning solvents.

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This tax is not subject to sales and use tax pursuant to chapter

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212.

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(2) Any person producing in, importing into, or causing to

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be imported into, or selling in, this state perchloroethylene

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must register with the Department of Revenue and become licensed

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for the purposes of remitting the tax pursuant to, or providing

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information required by, this section. Such person must register

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as a seller of perchloroethylene, a user of perchloroethylene in

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drycleaning facilities, or a user of perchloroethylene for

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purposes other than drycleaning. Persons operating at more than

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one location are only required to have a single registration.

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The fee for registration is $30. Failure to timely register is a

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misdemeanor of the first degree, punishable as provided in s.

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775.082 or s. 775.083.

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(3) The tax imposed by this section is due on the 1st day

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of the month succeeding the month of the sale and must be paid

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on or before the 20th day of each month. Tax shall be reported

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on forms and in the manner prescribed by the Department of

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Revenue by rule.

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(4) Any person subject to taxation under this section or

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any person who sells tax-paid perchloroethylene, other than a

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retail dealer, must separately state the amount of such tax paid

222

on any charge ticket, sales slip, invoice, or other tangible

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evidence of the sale or must certify on the sales document that

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the tax required pursuant to this section has been paid.

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(5) All perchloroethylene imported, produced, or sold in

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this state is presumed to be subject to the tax imposed by this

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section. Any person who has purchased perchloroethylene for use

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in such person's drycleaning facility in this state must

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document that the tax imposed by this section has been paid or

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must pay such tax directly to the Department of Revenue in

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accordance with subsection (3).

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(6) For purposes of this section, to demonstrate that

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perchloroethylene is not sold or transferred to a drycleaning

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facility for eventual use in a drycleaning facility in this

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state, a person may rely on a certificate signed under penalty

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of perjury by a transferee of the perchloroethylene stating that

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the transferee does not own or operate a drycleaning facility or

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the transferee will not use the perchloroethylene in a

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drycleaning facility in this state. Any producer, importer,

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seller, or other transferor of perchloroethylene who is required

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to register in accordance with subsection (2) but who does not

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make any taxable sales or taxable transfers during a year shall

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file with the Department of Revenue a form containing the

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quantity of perchloroethylene sold or transferred, a statement

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indicating that all sales were exempt from tax, and such other

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information as the Department of Revenue may prescribe.

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(7) The Department of Revenue may authorize a quarterly

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return and payment when the tax remitted by the licensee for the

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preceding quarter did not exceed $100; may authorize a

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semiannual return and payment when the tax remitted by the

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licensee for the preceding 6 months did not exceed $200; and may

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authorize an annual return and payment when the tax remitted by

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the licensee for the preceding 12 months did not exceed $400.

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(8) The tax imposed by this section shall be reported to

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the Department of Revenue. The payment shall be accompanied by

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such forms as the Department of Revenue prescribes. The proceeds

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of the tax, after deducting the administrative costs incurred by

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the Department of Revenue in administering, auditing,

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collecting, distributing, and enforcing the tax, shall be

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transferred by the Department of Revenue into the Water Quality

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Assurance Trust Fund and shall be used as provided in s.

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376.3078. For the purposes of this section, the proceeds of the

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tax include all funds collected and received by the Department

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of Revenue, including interest and penalties on delinquent

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taxes.

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(9)(a) The Department of Revenue shall administer,

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collect, and enforce the tax authorized under this section

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pursuant to the same procedures used in the administration,

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collection, and enforcement of the general state sales tax

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imposed under chapter 212, except as provided in this section.

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The provisions of chapter 212 regarding the authority to audit

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and make assessments, the keeping of books and records, and

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interest and penalties on delinquent taxes shall apply. The tax

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shall not be included in the computation of estimated taxes

275

pursuant to s. 212.11, nor shall the dealer's credit for

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collecting taxes or fees in s. 212.12 apply to the tax. The

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provisions of s. 212.07(4) shall not apply to the tax imposed by

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this section.

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(b) The Department of Revenue, under the applicable rules

280

of the Public Employees Relations Commission, is authorized to

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employ persons and incur other expenses for which funds are

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appropriated by the Legislature. The Department of Revenue is

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empowered to adopt such rules and shall prescribe and publish

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such forms as may be necessary to effectuate the purposes of

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this section.

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audit procedures and to assess delinquent taxes.

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(10) The Legislature declares that the failure to promptly

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implement the provisions of this section would present an

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immediate threat to the welfare of the state. Therefore, the

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executive director of the Department of Revenue is authorized to

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adopt emergency rules pursuant to s. 120.54(4) to implement this

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section. Notwithstanding any other provision of law, such

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emergency rules shall remain effective for 180 days from the

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date of adoption. Other rules of the Department of Revenue

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related to and in furtherance of the orderly implementation of

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this section shall not be subject to a s. 120.56(2) rule

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challenge or a s. 120.54(3)(c)2. drawout proceeding, but, once

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adopted, shall be subject to a s. 120.56(3) invalidity

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challenge. Such rules shall be adopted by the Governor and

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Cabinet and shall become effective upon filing with the

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Department of State, notwithstanding the provisions of s.

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120.54(3)(e)6.

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(11) If perchloroethylene on which tax has been paid is

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exported from this state or acquired for purposes other than use

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in a drycleaning facility in this state or for sale, resale, or

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other transfer for such use, the person who paid the tax to the

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Department of Revenue may apply for a refund or take a credit of

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such tax paid. The person applying for the refund or credit must

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refund such tax to the person who incurred the burden of the tax

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before the claim to the state for refund or credit will be

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approved.

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(12) Any drycleaning facility which includes in the total

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retail charge to a consumer of drycleaning services any portion

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of the tax imposed pursuant to this section shall disclose on

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the receipt for the amount charged for such services the amount

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of such tax and a statement that the imposition of the tax was

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requested by the Florida Dry Cleaners Coalition.

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(13) The use of perchloroethyene by a drycleaning facility

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is prohibited in this state after January 1, 2015.

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Section 5. Subsection (19) of section 403.031, Florida

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Statutes, is amended to read:

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

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and regulations adopted pursuant hereto, the following words,

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

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the following meanings:

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(19) "Regulated air pollutant" means any pollutant

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regulated under the federal Clean Air Act.:

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(a) Nitrogen oxides or any volatile organic compound;

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

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7412; or

332

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quality standard has been adopted.

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

335

Statutes, is amended to read:

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403.0872 Operation permits for major sources of air

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

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

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the United States Environmental Protection Agency, beginning

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

341

electrical power plants certified under s. 403.511, must obtain

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from the department an operation permit for a major source of

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air pollution under this section. This operation permit is the

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only department operation permit for a major source of air

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pollution required for such source; however provided, at the

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applicant's request, the department shall issue a separate acid

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rain permit for a major source of air pollution that is an

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affected source within the meaning of 42 U.S.C. s. 7651a(1).

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Operation permits for major sources of air pollution, except

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general permits issued pursuant to s. 403.814, must be issued in

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accordance with the procedures contained in this section and in

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accordance with chapter 120; however, to the extent that chapter

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120 is inconsistent with the provisions of this section, the

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procedures contained in this section prevail.

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

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pollution means a stationary source of air pollution, or any

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group of stationary sources within a contiguous area and under

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common control, which emits any regulated air pollutant and

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which is any of the following:

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

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7412(a)(1);

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(b) A major stationary source or major emitting facility

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

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subchapter I, part C or part D;

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7651a(1);

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(d) An air pollution source subject to standards or

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

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source is not a major source solely because of its regulation

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

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(e) A stationary air pollution source belonging to a

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

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adopted by the administrator of the United States Environmental

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

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department shall exempt those facilities that are subject to

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this section solely because they are subject to requirements

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under 42 U.S.C. s. s. 7411 or s. 7412 7411 or solely because

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they are subject to reporting requirements under 42 U.S.C. s.

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7412 for as long as the exemption is available under federal

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law.

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Section 7. Section 373.109, Florida Statutes, is amended

382

to read:

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373.109 Permit application fees.--When a water management

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district governing board, the department, or a local government

385

implements a regulatory system under this chapter or one which

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

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schedule of fees for filing applications for the required

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

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the department, or the local government for processing,

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monitoring, and inspecting for compliance with the permit.

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(1) The department shall initiate rulemaking no later than

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July 1, 2008 to increase each application fee authorized under

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part IV of this chapter and adopted by rule, except as provided

394

in (2) and (3), to ensure that such fees are increased to

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reflect, at a minimum, any upward adjustment in the Consumer

396

Price Index compiled by the United States Department of Labor,

397

or similar inflation indicator, since the original fee was

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established or most recently revised. The department shall

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establish by rule the inflation index to be used for this

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purpose. The department shall review the fees authorized under

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

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

403

Consumer Price Index or similar inflation indicator. In the

404

event of deflation, the department shall consult with the

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Executive Office of the Governor and Legislature to determine

406

whether downward fee adjustments are appropriate given then

407

current budget and appropriation considerations.

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(2) Notwithstanding s. 120.60(2), the fee for verification

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that an activity is exempt from regulation under s. 403.813 or

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

411

established by department rule not to exceed $500.

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

413

not to exceed $500 for conducting informal wetland boundary

414

determinations as a public service to applicants or potential

415

applicants for permits under part IV of this chapter. An

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informal wetland boundary determination is not an application

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for a permit and is not subject to the permit review timeframes

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established in this chapter or chapter 120 nor does it

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constitute final agency action.

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

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section shall be allocated for the use of the water management

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district, the department, or the local government, whichever

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processed the permit, and shall be in addition to moneys

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otherwise appropriated in any general appropriation act. All

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moneys received by the department under the provisions of this

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section shall be deposited in the Florida Permit Fee Trust Fund

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

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as provided therein. Moneys received by a water management

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district or the department under the provisions of this section

430

shall be in addition to moneys otherwise appropriated in any

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general appropriation act.

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

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established hereunder constitutes grounds for revocation or

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denial of the permit.

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Section 8. Section 403.087, Florida Statutes, is amended

436

to read:

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403.087 Permits; general issuance; denial; revocation;

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prohibition; penalty.--

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(1) A stationary installation that is reasonably expected

440

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

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maintained, constructed, expanded, or modified without an

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appropriate and currently valid permit issued by the department,

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

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

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

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for a major source of air pollution have a fixed term of more

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than 5 years. However, upon expiration, a new permit may be

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issued by the department in accordance with this chapter and the

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rules of the department.

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

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

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permits under this section.

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

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wastewater treatment facility other than a facility regulated

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under the National Pollutant Discharge Elimination System

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(NPDES) Program under s. 403.0885 must be issued upon request

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

458

same conditions as a 5-year permit, in order to provide the

459

owner or operator with a financial incentive, if:

460

(a) The waters from the treatment facility are not

461

discharged to Class I municipal injection wells or the treatment

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facility is not required to comply with the federal standards

463

under the Underground Injection Control Program under chapter

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62-528 of the Florida Administrative Code;

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(b) The treatment facility is not operating under a

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temporary operating permit or a permit with an accompanying

467

administrative order and does not have any enforcement action

468

pending against it by the United States Environmental Protection

469

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

470

403.182;

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

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generally operated in conformance with the limits of permitted

474

flows and other conditions specified in the permit;

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(d) The department has reviewed the discharge-monitoring

476

reports required under department rule and is satisfied that the

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reports are accurate;

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(e) The treatment facility has generally met water quality

479

standards in the preceding 2 years, except for violations

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attributable to events beyond the control of the treatment plant

481

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

482

or other abnormal events that could not reasonably be expected

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to occur; and

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

485

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

486

inspection of the facility and has verified in writing to the

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operator of the facility that it is not exceeding the permitted

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capacity and is in substantial compliance.

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

491

permits applied for and the number and duration of permits

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issued for longer than 5 years.

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(4) The department shall issue permits on such conditions

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as are necessary to effect the intent and purposes of this

495

section.

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(5) The department shall issue permits to construct,

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

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

499

determines that the installation is provided or equipped with

500

pollution control facilities that will abate or prevent

501

pollution to the degree that will comply with the standards or

502

rules adopted by the department, except as provided in s.

503

403.088 or s. 403.0872. However, separate construction permits

504

shall not be required for installations permitted under s.

505

403.0885, except that the department may require an owner or

506

operator proposing to construct, expand, or modify such an

507

installation to submit for department review, as part of

508

application for permit or permit modification, engineering

509

plans, preliminary design reports, or other information 90 days

510

prior to commencing construction. The department may also

511

require the engineer of record or another registered

512

professional engineer, within 30 days after construction is

513

complete, to certify that the construction was completed in

514

accordance with the plans submitted to the department, noting

515

minor deviations which were necessary because of site-specific

516

conditions.

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

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

519

costs of reviewing and acting upon any application for a permit

520

or request for site-specific alternative criteria or for an

521

exemption from water quality criteria and to cover the costs of

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surveillance and other field services and related support

523

activities associated with any permit or plan approval issued

524

pursuant to this chapter. The department shall review the fees

525

authorized under this chapter at least once every five years and

526

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

527

established below, to reflect changes in the Consumer Price

528

Index or similar inflation indicator. The department shall

529

establish by rule the inflation index to be used for this

530

purpose. In the event of deflation, the department shall

531

consult with the Executive Office of the Governor and

532

Legislature to determine whether downward fee adjustments are

533

appropriate given then current budget and appropriation

534

considerations. However, when an application is received

535

without the required fee, the department shall acknowledge

536

receipt of the application and shall immediately return the

537

unprocessed application to the applicant and shall take no

538

further action until the application is received with the

539

appropriate fee. The department shall adopt a schedule of fees

540

by rule, subject to the following limitations:

541

1. The fee for any of the following may not exceed

542

$32,500:

543

a. Hazardous waste, construction permit.

544

b. Hazardous waste, operation permit.

545

c. Hazardous waste, postclosure permit, or clean closure

546

plan approval.

547

d. Hazardous waste, corrective action permit.

548

2. The permit fee for a drinking water construction or

549

operation permit shall be at least $500 and may not exceed

550

$15,000.

551

3.2. The permit fee for a Class I injection well

552

construction permit may not exceed $12,500.

553

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

554

not exceed $10,000:

555

a. Solid waste, construction permit.

556

b. Solid waste, operation permit.

557

c. Class I injection well, operation permit.

558

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

559

not exceed $7,500:

560

a. Air pollution, construction permit.

561

b. Solid waste, closure permit.

562

c. Drinking water, construction or operation permit, not

563

including the operation license fee required under s.

564

403.861(7).

565

d. Domestic waste residuals, construction or operation

566

permit.

567

e. Industrial waste, operation permit.

568

f. Industrial waste, construction permit.

569

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

570

not exceed $5,000:

571

a. Domestic waste, operation permit.

572

b. Domestic waste, construction permit.

573

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

574

not exceed $4,000:

575

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

576

mangrove alteration), standard form permit.

577

b. Hazardous waste, research and development permit.

578

c. Air pollution, operation permit, for sources not

579

subject to s. 403.0872.

580

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

581

abandonment permits.

582

8. The permit fee for a drinking water distribution

583

system permit shall be at least $100 and may not exceed $1,000.

584

9.7. The permit fee for Class V injection wells,

585

construction, operation, and abandonment permits may not exceed

586

$750.

587

10.8. The permit fee for domestic waste, collection system

588

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

589

a. Domestic waste, collection system permits.

590

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

591

mangrove alterations), short permit form.

592

c. Drinking water, distribution system permit.

593

11.9. The permit fee for stormwater operation permits may

594

not exceed $100.

595

12.10. The general permit fees for permits that require

596

certification by a registered professional engineer or

597

professional geologist may not exceed $500. The general permit

598

fee for other permit types may not exceed $100.

599

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

600

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

601

requested by the applicant is $1,000.

602

14.12. The regulatory program and surveillance fees for

603

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

604

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

605

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

606

department has been granted administrative authority, shall be

607

limited as follows:

608

a. The fees for domestic wastewater facilities shall not

609

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

610

scale of fees based on the permitted capacity and shall ensure

611

smaller domestic waste dischargers do not bear an inordinate

612

share of costs of the program.

613

b. The annual fees for industrial waste facilities shall

614

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

615

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

616

the industrial waste discharge and shall ensure smaller

617

industrial waste dischargers do not bear an inordinate share of

618

costs of the program.

619

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

620

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

621

review required for permit modification or construction

622

engineering plans.

623

(b) If substantially similar air pollution sources are to

624

be constructed or modified at the same facility, the applicant

625

may submit a single application and permit fee for construction

626

or modification of the sources at that facility. If

627

substantially similar air pollution sources located at the same

628

facility do not constitute a major source of air pollution

629

subject to permitting under s. 403.0872, the applicant may

630

submit a single application and permit fee for the operation of

631

those sources. The department may develop, by rule, criteria for

632

determining what constitutes substantially similar sources.

633

634

of each fee shall be reasonably related to the costs of

635

permitting, field services, and related support activities for

636

the particular permitting activity taking into consideration

637

consistently applied standard cost-accounting principles and

638

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

639

permit condition, that a permit be renewed more frequently than

640

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

641

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

642

(d) Nothing in this subsection authorizes the construction

643

or expansion of any stationary installation except to the extent

644

specifically authorized by department permit or rule.

645

(e) For all domestic waste collection system permits and

646

drinking water distribution system permits, the department shall

647

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

648

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

649

dwelling units, or any combination of these factors. The

650

department shall require a separate permit application and fee

651

for each noncontiguous project within the system.

652

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

653

become a vested right in the permittee. The department may

654

revoke any permit issued by it if it finds that the

655

permitholder:

656

(a) Has submitted false or inaccurate information in his

657

or her application;

658

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

659

regulations, or permit conditions;

660

661

information required by department rule or regulation; or

662

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

663

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

664

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

665

activity relating to the extraction of solid minerals not exempt

666

pursuant to chapter 211 within any state or national park or

667

state or national forest when the activity will degrade the

668

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

669

within those areas. In the event the Federal Government

670

prohibits the mining or leasing of solid minerals on federal

671

park or forest lands, then, and to the extent of such

672

prohibition, this act shall not apply to those federal lands.

673

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

674

in this chapter.

675

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

676

Florida Statutes, are amended to read:

677

403.861 Department; powers and duties.--The department

678

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

679

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

680

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

681

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

682

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

683

served by the system, including issuance of an annual operation

684

license.

685

(a) The department may issue a construction permit for a

686

public water system based upon review of a preliminary design

687

report or plans and specifications and a completed permit

688

application form and other required information as set forth in

689

department rule, including receipt of an appropriate fee.

690

(8) The department may require a fee in an amount

691

sufficient to cover the costs of viewing and acting upon any

692

application for the construction and operation of a public water

693

supply system and the costs of surveillance and other field

694

services associated with any permit issued, but the amount shall

695

be at least $500 and may not exceed $15,000 in no case shall

696

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

697

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

698

population served by the system that is proposed by the

699

applicant.

700

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

701

shall submit annually to the department an operation license

702

fee, separate from and in addition to any permit application

703

fees required under (a), in an amount established by department

704

rule. The amount of each fee shall be reasonably related to the

705

size of the public water system, type of treatment, population

706

served, amount of source water used, or any combination of these

707

factors, but in no event may the fee be less than $50 or greater

708

than $7,500. Public water systems shall pay annual operation

709

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

710

rule.

711

(8) The department shall initiate rulemaking no later than

712

July 1, 2008 to increase each drinking water permit application

713

fee authorized under s. 403.087(6) and this part and adopted by

714

rule to ensure that such fees are increased to reflect, at a

715

minimum, any upward adjustment in the Consumer Price Index

716

compiled by the United States Department of Labor, or similar

717

inflation indicator, since the original fee was established or

718

most recently revised. The department shall establish by rule

719

the inflation index to be used for this purpose. The department

720

shall review the drinking water permit application fees

721

authorized under s. 403.087(6) and this part at least once every

722

five years and shall adjust the fees upward, as necessary,

723

within the fee caps established below, to reflect changes in the

724

Consumer Price Index or similar inflation indicator. In the

725

event of deflation, the department shall consult with the

726

Executive Office of the Governor and Legislature to determine

727

whether downward fee adjustments are appropriate given then

728

current budget and appropriation considerations. The department

729

shall also review the drinking water operation license fees

730

established pursuant to (7)(b) at least once every five years to

731

adopt, as necessary, the same inflationary adjustments provided

732

for in this subsection.

733

Section 10. Section 378.011, Florida Statutes, is

734

repealed.

735

Section 11. Chapter 325, Florida Statutes, consisting of

736

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

737

is repealed.

738

Section 12. Section 403.08725, Florida Statutes, is

739

repealed.

740

Section 13. Paragraph (a) of subsection (3) of section

741

373.503, Florida Statutes, is amended to read:

742

373.503 Manner of taxation.--

743

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

744

within the district solely for the purposes of this chapter and

745

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

746

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

747

valorem taxes as provided in this act shall commence with the

748

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

749

boards pursuant to this section shall be prorated to ensure that

750

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

751

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

752

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

753

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

754

each governing board may be separated by the governing board

755

into a millage necessary for the purposes of the district and a

756

millage necessary for financing basin functions specified in s.

757

373.0695. Beginning with the taxing year 1977, and

758

notwithstanding the provisions of any other general or special

759

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

760

and basin purposes shall be:

761

1. Northwest Florida Water Management District: .2 0.05

762

mill.

763

2. Suwannee River Water Management District: 0.75 mill.

764

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

765

4. Southwest Florida Water Management District: 1.0 mill.

766

5. South Florida Water Management District: 0.80 mill.

767

Section 14. The amendment to paragraph (a) of subsection

768

(3) of section 373.503, Florida Statutes, shall take effect on

769

the effective date of the amendment to the State Constitution

770

proposed in Senate Joint Resolution or similar legislation

771

which was passed in the 2008 regular session of the Legislature

772

and which is submitted to the electors of the state for their

773

approval or rejection at the general election to be held in

774

November 2008.

775

Section 15. This act shall take effect upon becoming a

776

law.

777

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

778

And the title is amended as follows:

779

Delete everything before the enacting clause

780

and insert:

781

A bill to be entitled

782

An act relating to a review of the Department of Environmental

783

Protection under the Florida Government Accountability Act;

784

reenacting and amending s. 20.255, F.S.; relating to the

785

establishment of the department; providing for the Office of

786

Intergovernmental Programs; providing for the Division of

787

Environmental Assessment and Restoration; authorizing the

788

Environmental Regulation Commission to employ independent

789

counsel and contract for outside technical consultants; amending

790

s. 211.3103, F.S.; providing for a surcharge per ton of

791

phosphate severed for certain specified purposes;

792

amending s. 373.228, F.S.; providing that certain entities must

793

review the standards and guidelines for landscape irrigation and

794

xeriscape ordinances by a date certain; amending s. 376.75,

795

F.S.; requiring a drycleaning facility to be registered with the

796

department and show proof of registration prior to purchasing

797

perchloroethylene for drycleaning purposes; prohibiting the use

798

of perchloroethylene by a drycleaning facility after a certain

799

date; amending s. 403.031, F.S.; conforming the definition of

800

the term "regulated air pollutant" to changes made in the

801

federal Clean Air Act; amending s. 403.0872, F.S.; conforming

802

the requirements for air operation permits to changes made to

803

Title V of the Clean Air Act to delete certain minor sources

804

from the Title V permitting requirements; amending s. 373.109,

805

F.S.; requiring the department to initiate rulemaking by a date

806

certain to adjust permit fees; amending s. 403.087, F.S.;

807

providing minimums and maximums for certain fees; amending s.

808

403.861, F.S.; to provide for a public water system application

809

fee;repealing s. 378.011, F.S.; relating to the Land Use

810

Advisory Committee; repealing ch. 325, F.S., consisting of ss.

811

325.2055, 325.221, 325.222, and 325.223, F.S.; relating to motor

812

vehicle air conditioning refrigerants; repealing s. 403.08725,

813

F.S.; relating to citrus juice processing facilities; amending

814

s. 373.503, F.S.; increasing the millage rate for the Northwest

815

Florida Water Management district; providing that the increased

816

millage rate shall take effect upon passage of a constitutional

817

amendment; providing an effective date.

818

3/12/2008 10:12:00 AM EP.EP.04696

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