Florida Senate - 2008 CONFERENCE COMMITTEE AMENDMENT

Bill No. CS for CS for SB 1294

929760

CHAMBER ACTION

Senate

Floor: AD/2R

5/1/2008 2:06 PM

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House



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The Conference Committee on CS for CS for SB 1294 recommended the

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following amendment:

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     Conference Committee Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Section 20.255, Florida Statutes, is reenacted

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and amended to read:

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     20.255  Department of Environmental Protection.--There is

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created a Department of Environmental Protection.

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     (1)  The head of the Department of Environmental Protection

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

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

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secretary shall be confirmed by the Florida Senate. The secretary

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shall serve at the pleasure of the Governor.

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

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

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The secretary may assign any deputy secretary the responsibility

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

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office, or district. The following special offices are

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

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appointed by and serve at the pleasure of the secretary:

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     1. Office of Chief of Staff;,

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     2. Office of General Counsel;,

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     3. Office of Inspector General;,

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     4. Office of External Affairs;,

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     5. Office of Legislative and Government Affairs;, and

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     6. Office of Intergovernmental Programs; and

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     7.6. Office of Greenways and Trails.

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     (b)  There shall be six administrative districts involved in

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regulatory matters of waste management, water resource

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

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

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pleasure of the secretary. Divisions of the department may have

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one assistant or two deputy division directors, as required to

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facilitate effective operation.

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The managers of all divisions and offices specifically named in

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this section and the directors of the six administrative

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

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in the Senior Management Service in accordance with s.

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110.205(2)(j).

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     (3)  The following divisions of the Department of

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Environmental Protection are established:

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     (a)  Division of Administrative Services.

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     (b)  Division of Air Resource Management.

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     (c)  Division of Water Resource Management.

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     (d)  Division of Law Enforcement.

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     (e) Division of Environmental Assessment and Restoration

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Resource Assessment and Management.

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     (f)  Division of Waste Management.

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     (g)  Division of Recreation and Parks.

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

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appointed by the secretary of the department, subject to

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confirmation by the Governor and Cabinet sitting as the Board of

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Trustees of the Internal Improvement Trust Fund.

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In order to ensure statewide and intradepartmental consistency,

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the department's divisions shall direct the district offices and

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bureaus on matters of interpretation and applicability of the

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department's rules and programs.

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     (4)  Law enforcement officers of the Department of

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Environmental Protection who meet the provisions of s. 943.13 are

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constituted law enforcement officers of this state with full

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

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

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Trustees of the Internal Improvement Trust Fund. The general laws

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applicable to investigations, searches, and arrests by peace

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officers of this state apply to such law enforcement officers.

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     (5)  Records and documents of the Department of

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Environmental Protection shall be retained by the department as

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specified in record retention schedules established under the

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general provisions of chapters 119 and 257. Further, the

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department is authorized to:

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

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documents in conformity with the approved retention schedules.

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     (b)  Photograph, microphotograph, or reproduce such records

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

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retention schedules, whereby each page will be exposed in exact

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conformity with the original records and documents retained in

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compliance with the provisions of this section. Photographs or

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

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made in compliance with the provisions of this section, shall

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have the same force and effect as the originals thereof would

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

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admissibility in evidence. Duly certified or authenticated

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reproductions of such photographs or microphotographs shall be

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admitted in evidence equally with the original photographs or

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microphotographs. The impression of the seal of the Department of

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Environmental Protection on a certificate made by the department

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and signed by the Secretary of Environmental Protection entitles

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the certificate to be received in all courts and in all

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proceedings in this state and is prima facie evidence of all

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factual matters set forth in the certificate. A certificate may

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

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in a schedule attached to the certificate.

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     (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 office,

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

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

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approved by the department, conditioned upon the faithful

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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 state

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

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In making appointments, the Governor shall provide reasonable

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representation from all sections of the state. Membership shall

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be representative of agriculture, the development industry, local

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government, the environmental community, lay citizens, and

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members of the scientific and technical community who have

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substantial expertise in the areas of the fate and transport of

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water pollutants, toxicology, epidemiology, geology, biology,

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environmental sciences, or engineering. The Governor shall

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

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

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

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The members of the commission shall serve without compensation,

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

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while in the performance of their official duties.

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Administrative, personnel, and other support services necessary

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for the commission shall be furnished by the department. The

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commission may employ independent counsel and contract for the

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services of outside 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 the

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

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policy.

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     Section 2.  Section 211.3103, Florida Statutes, is amended

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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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     (1)  There is hereby levied an excise tax upon every person

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engaging in the business of severing phosphate rock from the

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soils or waters of this state for commercial use. The tax shall

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be collected, administered, and enforced by the department.

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     (2) Beginning July 1, 2003, the proceeds of all taxes,

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interest, and penalties imposed under this section shall be paid

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into the State Treasury as follows:

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     (a) The first $10 million in revenue collected from the tax

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during each fiscal year shall be paid to the credit of the

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Conservation and Recreation Lands Trust Fund.

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     (b) The remaining revenues collected from the tax during

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that fiscal year, after the required payment under paragraph (a),

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shall be paid into the State Treasury as follows:

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     1. For payment to counties in proportion to the number of

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tons of phosphate rock produced from a phosphate rock matrix

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located within such political boundary, 18.75 percent. The

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department shall distribute this portion of the proceeds annually

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based on production information reported by the producers on the

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annual returns for the taxable year. Any such proceeds received

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by a county shall be used only for phosphate-related expenses.

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     2. For payment to counties that have been designated a

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rural area of critical economic concern pursuant to s. 288.0656

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in proportion to the number of tons of phosphate rock produced

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from a phosphate rock matrix located within such political

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boundary, 15 percent. The department shall distribute this

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portion of the proceeds annually based on production information

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reported by the producers on the annual returns for the taxable

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year.

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     3. To the credit of the Phosphate Research Trust Fund in

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the Department of Education, 11.25 percent.

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     4. To the credit of the Minerals Trust Fund, 11.25 percent.

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     5. To the credit of the Nonmandatory Land Reclamation Trust

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Fund, 43.75 percent.

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     (2)(3) Beginning July 1, 2004, the proceeds of all taxes,

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interest, and penalties imposed under this section shall be paid

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into the State Treasury as follows:

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     (a)  The first $10 million in revenue collected from the tax

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during each fiscal year shall be paid to the credit of the

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Conservation and Recreation Lands Trust Fund.

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     (b)  The remaining revenues collected from the tax during

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that fiscal year, after the required payment under paragraph (a),

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shall be paid into the State Treasury as follows:

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     1.  To the credit of the General Revenue Fund of the state,

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40.1 percent.

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     2.  For payment to counties in proportion to the number of

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tons of phosphate rock produced from a phosphate rock matrix

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located within such political boundary, 16.5 percent. The

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department shall distribute this portion of the proceeds annually

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based on production information reported by the producers on the

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annual returns for the taxable year. Any such proceeds received

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by a county shall be used only for phosphate-related expenses.

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     3.  For payment to counties that have been designated a

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rural area of critical economic concern pursuant to s. 288.0656

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in proportion to the number of tons of phosphate rock produced

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from a phosphate rock matrix located within such political

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boundary, 13 percent. The department shall distribute this

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portion of the proceeds annually based on production information

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reported by the producers on the annual returns for the taxable

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year. Payments under this subparagraph shall be made to the

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counties unless the Legislature by special act creates a local

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authority to promote and direct the economic development of the

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county. If such authority exists, payments shall be made to that

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authority.

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     4.  To the credit of the Phosphate Research Trust Fund in

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the Division of Universities of the Department of Education, 9.3

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percent.

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     5.  To the credit of the Minerals Trust Fund, 10.7 percent.

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     6.  To the credit of the Nonmandatory Land Reclamation Trust

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Fund, 10.4 percent.

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     (3)(4) Beginning July 1, 2003, and annually thereafter, the

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Department of Environmental Protection may use up to $2 million

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of the funds in the Nonmandatory Land Reclamation Trust Fund to

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purchase a surety bond or a policy of insurance, the proceeds of

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which would pay the cost of restoration, reclamation, and cleanup

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of any phosphogypsum stack system and phosphate mining activities

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in the event that an operator or permittee thereof has been

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subject to a final order of bankruptcy and all funds available

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therefrom are determined to be inadequate to accomplish such

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restoration, reclamation, and cleanup. This section does not

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imply that such operator or permittee is thereby relieved of its

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obligations or relieved of any liabilities pursuant to any other

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remedies at law, administrative remedies, statutory remedies, or

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remedies pursuant to bankruptcy law. The department shall adopt

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rules to implement this subsection, including the purchase and

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oversight of the bond or policy.

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     (4)(5) Funds distributed pursuant to subparagraphs (2)(b)3.

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(2)(b)2. and (11)(e)4. (3)(b)3. shall be used for:

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     (a)  Planning, preparing, and financing of infrastructure

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projects for job creation and capital investment, especially

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those related to industrial and commercial sites. Infrastructure

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investments may include the following public or public-private

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partnership facilities: stormwater systems, telecommunications

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facilities, roads or other remedies to transportation

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impediments, nature-based tourism facilities, or other physical

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requirements necessary to facilitate trade and economic

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development activities.

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     (b)  Maximizing the use of federal, local, and private

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resources, including, but not limited to, those available under

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the Small Cities Community Development Block Grant Program.

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     (c)  Projects that improve inadequate infrastructure that

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has resulted in regulatory action that prohibits economic or

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community growth, if such projects are related to specific job

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creation or job retention opportunities.

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     (5)(6) Beginning January 1, 2004, the tax rate shall be the

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base rate of $1.62 per ton severed.

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     (6)(7) Beginning January 1, 2005, and annually thereafter,

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the tax rate shall be the base rate times the base rate

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adjustment for the tax year as calculated by the department in

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accordance with subsection (8) (9).

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     (7)(8) The excise tax levied by this section shall apply to

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the total production of the producer during the taxable year,

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measured on the basis of bone-dry tons produced at the point of

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severance.

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     (8)(9)(a) On or before March 30, 2004, and annually

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thereafter, the department shall calculate the base rate

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adjustment, if any, for phosphate rock based on the change in the

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unadjusted annual producer price index for the prior calendar

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year in relation to the unadjusted annual producer price index

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for calendar year 1999.

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     (b)  For the purposes of determining the base rate

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adjustment for any year, the base rate adjustment shall be a

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fraction, the numerator of which is the unadjusted annual

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producer price index for the prior calendar year and the

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denominator of which is the unadjusted annual producer price

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index for calendar year 1999.

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     (c)  The department shall provide the base rate, the base

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rate adjustment, and the resulting tax rate to affected producers

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by written notice on or before April 15 of the current year.

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     (d)  If the producer price index for phosphate rock is

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substantially revised, the department shall make appropriate

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adjustment in the method used to compute the base rate adjustment

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under this subsection which will produce results reasonably

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consistent with the result that would have been obtained if the

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producer price index for phosphate rock had not been revised.

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However, the tax rate shall not be less than $1.51 $1.56 per ton

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severed.

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     (e)  If the producer price index for phosphate rock is

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discontinued, a comparable index shall be selected by the

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department and adopted by rule.

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     (9)(10) The excise tax levied on the severance of phosphate

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rock shall be in addition to any ad valorem taxes levied upon the

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separately assessed mineral interest in the real property upon

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which the site of severance is located, or any other tax, permit,

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or license fee imposed by the state or its political

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subdivisions.

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     (10)(11) The tax levied by this section shall be collected

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in the manner prescribed in s. 211.33.

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

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surcharge of $1.38 per ton severed in addition to the excise tax

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levied by this section. The surcharge shall be levied until the

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last day of the calendar quarter in which the total revenue

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generated by the surcharge equals $60 million. Revenues derived

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from the surcharge shall be deposited into the Nonmandatory Land

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Reclamation Trust Fund and shall be exempt from the general

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revenue service charge provided in s. 215.20. Revenues derived

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from the surcharge shall be used to augment funds appropriated

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for the rehabilitation, management, and closure of the Piney

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Point and Mulberry sites and for approved reclamation of

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nonmandatory lands in accordance with chapter 378. A minimum of

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75 percent of the revenues from the surcharge shall be dedicated

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to the Piney Point and Mulberry sites.

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     (b) Beginning July 1, 2008, the excise tax rate shall be

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$1.945 per ton severed and the base rate adjustment provided in

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subsection (6) shall not apply.

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     (c) Beginning July 1 of the fiscal year following the date

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on which the amount of revenues collected from the surcharge

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equals or exceeds $60 million, the tax rate shall be the base

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rate of $1.51 per ton severed and the base rate adjustment

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provided in subsection (6) shall not apply until the conditions

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of paragraph (d) are met.

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     (d) Beginning July 1 of the fiscal year following the date

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on which a taxpayer's surcharge offset equals or exceeds the

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total amount of surcharge remitted by such taxpayer under

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paragraph (a), and each year thereafter, the excise tax rate

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levied on such taxpayer shall be adjusted as provided in

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subsection (6). The surcharge offset for each taxpayer is an

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amount calculated by the department equal to the cumulative

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difference between the amount of excise tax that would have been

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collected under subsections (5) and (6) and the excise tax

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collected under paragraph (c) from such taxpayer.

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     (e) Beginning July 1 of the fiscal year after the revenues

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from the surcharge equal $60 million, the proceeds of all taxes,

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interest, and penalties imposed under this section shall be

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exempt from the general revenue service charge provided in s.

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215.20, and shall be paid into the State Treasury as follows:

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     1. To the credit of the Conservation and Recreation Lands

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Trust Fund, 25.5 percent.

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     2. To the credit of the General Revenue Fund of the state,

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37 percent.

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     3. For payment to counties in proportion to the number of

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tons of phosphate rock produced from a phosphate rock matrix

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located within such political boundary, 13.6 percent. The

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department shall distribute this portion of the proceeds annually

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based on production information reported by the producers on the

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annual returns for the taxable year. Any such proceeds received

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by a county shall be used only for phosphate-related expenses.

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     4. For payment to counties that have been designated a

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rural area of critical economic concern pursuant to s. 288.0656

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in proportion to the number of tons of phosphate rock produced

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from a phosphate rock matrix located within such political

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boundary, 10.7 percent. The department shall distribute this

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portion of the proceeds annually based on production information

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reported by the producers on the annual returns for the taxable

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year. Payments under this subparagraph shall be made to the

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counties unless the Legislature by special act creates a local

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authority to promote and direct the economic development of the

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county. If such authority exists, payments shall be made to that

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authority.

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     5. To the credit of the Nonmandatory Land Reclamation Trust

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Fund, 6.6 percent.

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     6. To the credit of the Phosphate Research Trust Fund in

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the Division of Universities of the Department of Education, 6.6

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percent.

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     (f) For purposes of this section, "phosphate-related

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expenses" means those expenses that provide for infrastructure or

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services in support of the phosphate industry, reclamation or

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restoration of phosphate lands, community infrastructure on such

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reclaimed lands, and similar expenses directly related to support

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of the industry.

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     Section 3.  Subsection (1) of section 253.002, Florida

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Statutes, is amended to read:

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     253.002  Department of Environmental Protection, water

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management districts, and Department of Agriculture and Consumer

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Services; duties with respect to state lands.--

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     (1)  The Department of Environmental Protection shall

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perform all staff duties and functions related to the

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acquisition, administration, and disposition of state lands,

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title to which is or will be vested in the Board of Trustees of

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the Internal Improvement Trust Fund. However, upon the effective

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date of rules adopted pursuant to s. 373.427, a water management

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district created under s. 373.069 shall perform the staff duties

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and functions related to the review of any application for

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authorization to use board of trustees-owned submerged lands

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necessary for an activity regulated under part IV of chapter 373

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for which the water management district has permitting

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responsibility as set forth in an operating agreement adopted

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pursuant to s. 373.046(4); and the Department of Agriculture and

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Consumer Services shall perform the staff duties and functions

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related to the review of applications and compliance with

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conditions for use of board of trustees-owned submerged lands

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under authorizations or leases issued pursuant to ss. 253.67-

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253.75 and 597.010. Unless expressly prohibited by law, the board

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of trustees may delegate to the department any statutory duty or

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obligation relating to the acquisition, administration, or

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disposition of lands, title to which is or will be vested in the

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board of trustees. The board of trustees may also delegate to any

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water management district created under s. 373.069 the authority

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to take final agency action, without any action on behalf of the

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board, on applications for authorization to use board of

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trustees-owned submerged lands for any activity regulated under

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part IV of chapter 373 for which the water management district

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has permitting responsibility as set forth in an operating

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agreement adopted pursuant to s. 373.046(4). This water

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management district responsibility under this subsection shall be

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subject to the department's general supervisory authority

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pursuant to s. 373.026(7). The board of trustees may also

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delegate to the Department of Agriculture and Consumer Services

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the authority to take final agency action on behalf of the board

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on applications to use board of trustees-owned submerged lands

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for any activity for which that department has responsibility

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pursuant to ss. 253.67-253.75 and 597.010. However, the board of

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trustees shall retain the authority to take final agency action

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on establishing any areas for leasing, new leases, expanding

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existing lease areas, or changing the type of lease activity in

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existing leases. Upon issuance of an aquaculture lease or other

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real property transaction relating to aquaculture, the Department

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of Agriculture and Consumer Services must send a copy of the

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document and the accompanying survey to the Department of

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Environmental Protection. The board of trustees may also delegate

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to the Fish and Wildlife Conservation Commission the authority to

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take final agency action, without any action on behalf of the

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board, on applications for authorization to use board of

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trustees-owned submerged lands for any activity regulated under

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s. 369.20.

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     Section 4.  Subsection (15) of section 373.414, Florida

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Statutes, is amended to read:

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     373.414  Additional criteria for activities in surface

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waters and wetlands.--

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     (15)  Activities associated with mining operations as

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defined by and subject to ss. 378.201-378.212 and 378.701-378.703

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and included in a conceptual reclamation plan or modification

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application submitted prior to July 1, 1996, shall continue to be

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reviewed under the rules of the department adopted pursuant to

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ss. 403.91-403.929, 1984 Supplement to the Florida Statutes 1983,

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as amended, the rules of the water management districts under

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this part, and interagency agreements, in effect on January 1,

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1993. Such activities shall be exempt from rules adopted pursuant

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to subsection (9) and the statewide methodology ratified pursuant

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to s. 373.4211. As of January 1, 1994, such activities may be

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issued permits authorizing construction for the life of the mine.

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Lands added to a conceptual reclamation plan subject to this

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subsection through a modification submitted after July 1, 1996,

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which are contiguous to the conceptual reclamation plan area

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shall be exempt from rules adopted under subsection (9), except

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that the total acreage of the conceptual reclamation plan may not

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be increased through such modification and the cumulative acreage

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added may not exceed 3 percent of the conceptual reclamation plan

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area. Lands that have been mined or disturbed by mining

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activities, lands subject to a conservation easement under which

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the grantee is a state or federal regulatory agency, and lands

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otherwise preserved as part of a permitting review may not be

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removed from the conceptual reclamation land area under this

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subsection.

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     Section 5.  Subsection (3) is added to section 378.205,

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Florida Statutes, to read:

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     378.205  Administration; powers and duties of the

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department; agency review responsibility.--

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     (3) Administrative challenges to proposed state agency

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actions regarding phosphate mines and reclamation pursuant to

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this chapter or part IV of chapter 373 are subject to the summary

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hearing provisions of s. 120.574, except that the summary

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proceeding must be conducted within 90 days after a party files a

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motion for summary hearing, regardless of whether the parties

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agree to the summary proceeding and the administrative law

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judge's decision is a recommended order and not a final order.

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     Section 6.  Section 369.20, Florida Statutes, is amended to

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read:

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     369.20  Florida Aquatic Weed Control Act.--

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     (1)  This act shall be known as the "Florida Aquatic Weed

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Control Act."

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     (2) The Fish and Wildlife Conservation Commission

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Department of Environmental Protection shall direct the control,

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eradication, and regulation of noxious aquatic weeds and direct

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the research and planning related to these activities, as

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provided in this section, excluding the authority to use fish as

461

a biological control agent, so as to protect human health,

462

safety, and recreation and, to the greatest degree practicable,

463

prevent injury to plant and animal life and property.

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     (3) It shall be the duty of the commission department to

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guide and coordinate the activities of all public bodies,

466

authorities, agencies, and special districts charged with the

467

control or eradication of aquatic weeds and plants. It may

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delegate all or part of such functions to any appropriate state

469

agency, special district, unit of local or county government,

470

commission, authority, or other public body the Fish and Wildlife

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Conservation Commission.

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     (4) The commission department shall also promote, develop,

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and support research activities directed toward the more

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effective and efficient control of aquatic plants. In the

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furtherance of this purpose, the commission department is

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authorized to:

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     (a)  Accept donations and grants of funds and services from

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both public and private sources;

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     (b)  Contract or enter into agreements with public or

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private agencies or corporations for research and development of

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aquatic plant control methods or for the performance of aquatic

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plant control activities;

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     (c)  Construct, acquire, operate, and maintain facilities

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and equipment; and

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     (d)  Enter upon, or authorize the entry upon, private

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property for purposes of making surveys and examinations and to

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engage in aquatic plant control activities; and such entry shall

488

not be deemed a trespass.

489

     (5) The commission Department of Environmental Protection

490

may disburse funds to any special district or other local

491

authority charged with the responsibility of controlling or

492

eradicating aquatic plants, upon:

493

     (a) Receipt of satisfactory proof that such district or

494

authority has sufficient funds on hand to match the state funds

495

herein referred to on an equal basis;

496

     (a)(b) Approval by the commission department of the control

497

techniques to be used by the district or authority; and

498

     (b)(c) Review and approval of the program of the district

499

or authority by the commission department to be in conformance

500

with the state control plan.

501

     (6) The commission department shall adopt rules pursuant to

502

ss. 120.536(1) and 120.54 to implement provisions of this section

503

conferring powers or duties upon it and perform any other acts

504

necessary for the proper administration, enforcement, or

505

interpretation of this section, including creating general

506

permits and exemptions and adopting rules and forms governing

507

reports.

508

     (7)  No person or public agency shall control, eradicate,

509

remove, or otherwise alter any aquatic weeds or plants in waters

510

of the state unless a permit for such activity has been issued by

511

the commission department, or unless the activity or is in waters

512

are expressly exempted by commission department rule. The

513

commission department shall develop standards by rule which shall

514

address, at a minimum, chemical, biological, and mechanical

515

control activities; an evaluation of the benefits of such

516

activities to the public; specific criteria recognizing the

517

differences between natural and artificially created waters; and

518

the different amount and quality of littoral vegetation on

519

various waters. Applications for a permit to engage in aquatic

520

plant control activities, including applications to engage in

521

control activities on sovereign submerged lands, shall be made to

522

the commission department. In reviewing such applications, the

523

commission department shall consider the criteria set forth in

524

subsection (2) and, in accordance with applicable rules, take

525

final agency action on permit applications for the use of aquatic

526

plant control activities on sovereign submerged lands.

527

     (8)  As an exemption to all permitting requirements in this

528

section and ss. 369.22 and 369.25, in all freshwater bodies,

529

except aquatic preserves designated under chapter 258 and

530

Outstanding Florida Waters designated under chapter 403, a

531

riparian owner may physically or mechanically remove herbaceous

532

aquatic plants and semiwoody herbaceous plants, such as shrub

533

species and willow, within an area delimited by up to 50 percent

534

of the property owner's frontage or 50 feet, whichever is less,

535

and by a sufficient length waterward from, and perpendicular to,

536

the riparian owner's shoreline to create a corridor to allow

537

access for a boat or swimmer to reach open water. All unvegetated

538

areas shall be cumulatively considered when determining the width

539

of the exempt corridor. Physical or mechanical removal does not

540

include the use of any chemicals or any activity that requires a

541

permit pursuant to part IV of chapter 373.

542

     (9)  A permit issued pursuant to this section for the

543

application of herbicides to waters in the state for the control

544

of aquatic plants, algae, or invasive exotic plants is exempt

545

from the requirement to obtain a water pollution operation permit

546

pursuant to s. 403.088.

547

     (10) Notwithstanding s. 369.25, the commission may collect

548

aquatic plants to be used for habitat enhancement, research,

549

education, and for other purposes as necessary to implement the

550

provisions of this section.

551

     (11) The commission may quarantine or confiscate noxious

552

aquatic plant material incidentally adhering to a boat or boat

553

trailer.

554

     (12) The commission may conduct a public information

555

program, including, but not limited to, erection of road signs,

556

in order to inform the public and interested parties of this

557

section and its associated rules and of the dangers of noxious

558

aquatic plant introductions.

559

     Section 7.  Section 369.22, Florida Statutes, is amended to

560

read:

561

     369.22 Nonindigenous Aquatic plant management control.--

562

     (1)  This section shall be known as the "Florida

563

Nonindigenous Aquatic Plant Management Control Act."

564

     (2)  For the purpose of this section, the following words

565

and phrases shall have the following meanings:

566

     (a) "Commission" means the Fish and Wildlife Conservation

567

Commission "Department" means the Department of Environmental

568

Protection.

569

     (b)  "Aquatic plant" is any plant growing in, or closely

570

associated with, the aquatic environment and includes "floating,"

571

"emersed," "submersed," and "ditch bank" species.

572

     (c) "Nonindigenous aquatic plant" is any aquatic plant that

573

is nonnative to the State of Florida and has certain

574

characteristics, such as massive productivity, choking density,

575

or an obstructive nature, which render it detrimental, obnoxious,

576

or unwanted in a particular location.

577

     (c)(d) A "maintenance program" is a method for the

578

management control of nonindigenous aquatic plants in which

579

control techniques are utilized in a coordinated manner on a

580

continuous basis in order to maintain the plant population at the

581

lowest feasible level as determined by the commission department.

582

     (d)(e) An "eradication program" is a method for the

583

management control of nonindigenous aquatic plants in which

584

control techniques are utilized in a coordinated manner in an

585

attempt to kill all the aquatic plants on a permanent basis in a

586

given geographical area.

587

     (e)(f) A "complaint spray program" is a method for the

588

management control of nonindigenous aquatic plants in which weeds

589

are allowed to grow unhindered to a given level of

590

undesirability, at which point eradication techniques are applied

591

in an effort to restore the area in question to a relatively low

592

level of infestation.

593

     (f)(g) "Waters" means rivers, streams, lakes, navigable

594

waters and associated tributaries, canals, meandered lakes,

595

enclosed water systems, and any other bodies of water.

596

     (h) "Intercounty waters" means any waters which lie in more

597

than one county or form any part of the boundary between two or

598

more counties, as determined by the department.

599

     (i) "Intracounty waters" means any waters which lie wholly

600

within the boundaries of one county as determined by the

601

department.

602

     (g)(j) "Districts" means the six water management districts

603

created by law and named, respectively, the Northwest Florida

604

Water Management District, the Suwannee River Water Management

605

District, the St. Johns River Water Management District, the

606

Southwest Florida Water Management District, the Central and

607

Southern Florida Flood Control District, and the Ridge and Lower

608

Gulf Coast Water Management District; and on July 1, 1975, shall

609

mean the five water management districts created by chapter 73-

610

190, Laws of Florida, and named, respectively, the Northwest

611

Florida Water Management District, the Suwannee River Water

612

Management District, the St. Johns River Water Management

613

District, the Southwest Florida Water Management District, and

614

the South Florida Water Management District.

615

     (3)  The Legislature recognizes that the uncontrolled growth

616

of nonindigenous aquatic plants in the waters of Florida poses a

617

variety of environmental, health, safety, and economic problems.

618

The Legislature acknowledges the responsibility of the state to

619

cope with the uncontrolled and seemingly never-ending growth of

620

nonindigenous aquatic plants in the waters throughout Florida. It

621

is, therefore, the intent of the Legislature that the state

622

policy for the management control of nonindigenous aquatic plants

623

in waters of state responsibility be carried out under the

624

general supervision and control of the commission department, and

625

that the state itself be responsible for the control of such

626

plants in all intercounty waters; but that control of such plants

627

in intracounty waters be the designated responsibility of the

628

appropriate unit of local or county government, special district,

629

authority, or other public body. It is the intent of the

630

Legislature that the management control of nonindigenous aquatic

631

plants be carried out primarily by means of maintenance programs,

632

rather than eradication or complaint spray programs, for the

633

purpose of achieving more effective management control at a lower

634

long-range cost. It is also the intent of the Legislature that

635

the commission department guide, review, approve, and coordinate

636

all nonindigenous aquatic plant management control programs

637

within each of the water management districts as defined in

638

paragraph (2)(g) (2)(j). It is the intent of the Legislature to

639

account for the costs of nonindigenous aquatic plant management

640

maintenance programs by watershed for comparison management

641

purposes.

642

     (4) The commission department shall supervise and direct

643

all management maintenance programs for control of nonindigenous

644

aquatic plants, as provided in this section, excluding the

645

authority to use fish as a biological control agent, so as to

646

protect human health, safety, and recreation and, to the greatest

647

degree practicable, prevent injury to plant, fish, and animal

648

life and to property.

649

     (5)  When state funds are involved, or when waters of state

650

responsibility are involved, it is the duty of the commission

651

department to guide, review, approve, and coordinate the

652

activities of all public bodies, authorities, state agencies,

653

units of local or county government, commissions, districts, and

654

special districts engaged in operations to manage maintain,

655

control, or eradicate nonindigenous aquatic plants, except for

656

activities involving biological control programs using fish as

657

the control agent. The commission department may delegate all or

658

part of such functions to any appropriate state agency, special

659

district, unit of local or county government, commission,

660

authority, or other public body. However, special attention shall

661

be given to the keeping of accounting and cost data in order to

662

prepare the annual fiscal report required in subsection (7).

663

     (6) The commission department may disburse funds to any

664

district, special district, or other local authority for the

665

purpose of operating a maintenance program for managing

666

controlling nonindigenous aquatic plants and other noxious

667

aquatic plants in the waters of state responsibility upon:

668

     (a) Receipt of satisfactory proof that such district or

669

authority has sufficient funds on hand to match the state funds

670

herein referred to on an equal basis;

671

     (a)(b) Approval by the commission department of the

672

management maintenance control techniques to be used by the

673

district or authority; and

674

     (b)(c) Review and approval of the program of the district

675

or authority by the commission department to be in conformance

676

with the state maintenance control plan.

677

     (7) The commission department shall prepare submit an

678

annual report on the status of the nonindigenous aquatic plant

679

management maintenance program which shall be posted on the

680

commission's Internet website to the President of the Senate, the

681

Speaker of the House of Representatives, and the Governor and

682

Cabinet by January 1 of the following year. This report shall

683

include a statement of the degree of maintenance control achieved

684

by individual nonindigenous aquatic plant species in the

685

intercounty waters of each of the water management districts for

686

the preceding county fiscal year, together with an analysis of

687

the costs of achieving this degree of control. This cost

688

accounting shall include the expenditures by all governmental

689

agencies in the waters of state responsibility. If the level of

690

maintenance control achieved falls short of that which is deemed

691

adequate by the department, then the report shall include an

692

estimate of the additional funding that would have been required

693

to achieve this level of maintenance control. All measures of

694

maintenance program achievement and the related cost shall be

695

presented by water management districts so that comparisons may

696

be made among the water management districts, as well as with the

697

state as a whole.

698

     (8) The commission department shall have the authority to

699

cooperate with the United States and to enter into such

700

cooperative agreements or commitments as the commission

701

department may determine necessary to carry out the maintenance,

702

control, or eradication of water hyacinths, alligator weed, and

703

other noxious aquatic plant growths from the waters of the state

704

and to enter into contracts with the United States obligating the

705

state to indemnify and save harmless the United States from any

706

and all claims and liability arising out of the initiation and

707

prosecution of any project undertaken under this section.

708

However, any claim or claims required to be paid under this

709

section shall be paid from money appropriated to the

710

nonindigenous aquatic plant management control program.

711

     (9) The commission department may delegate various

712

nonindigenous aquatic plant management control and maintenance

713

functions to any appropriate state agency, special district, unit

714

of local or county government, commission, authority, or other

715

public body the Fish and Wildlife Conservation Commission. The

716

recipient of such delegation commission shall, in accepting

717

commitments to engage in nonindigenous aquatic plant management

718

control and maintenance activities, be subject to the rules of

719

the commission department, except that the commission shall

720

regulate, control, and coordinate the use of any fish for aquatic

721

weed control in fresh waters of the state. In addition, the

722

recipient commission shall render technical and other assistance

723

to the commission department in order to carry out most

724

effectively the purposes of s. 369.20. However, nothing herein

725

shall diminish or impair the regulatory authority of the

726

commission with respect to the powers granted to it by s. 9, Art.

727

IV of the State Constitution.

728

     (10) The commission department is directed to use

729

biological agents, excluding fish, for the management control of

730

nonindigenous aquatic plants when determined to be appropriate by

731

the commission.

732

     (11) The commission department shall adopt rules pursuant

733

to ss. 120.536(1) and 120.54 to implement the provisions of this

734

section conferring powers or duties upon it and perform any other

735

acts necessary for the proper administration, enforcement, or

736

interpretation of this section, including adopting rules and

737

forms governing reports.

738

     (12)  No person or public agency shall control, eradicate,

739

remove, or otherwise alter any nonindigenous aquatic plants in

740

waters of the state unless a permit for such activity has been

741

issued by the commission department, or unless the activity or is

742

in waters are expressly exempted by commission department rule.

743

The commission department shall develop standards by rule which

744

shall address, at a minimum, chemical, biological, and mechanical

745

control activities; an evaluation of the benefits of such

746

activities to the public; specific criteria recognizing the

747

differences between natural and artificially created waters; and

748

the different amount and quality of littoral vegetation on

749

various waters. Applications for a permit to engage in aquatic

750

plant management control activities, including applications to

751

engage in management activities on sovereign submerged lands,

752

shall be made to the commission department. In reviewing such

753

applications, the commission department shall consider the

754

criteria set forth in subsection (4) and, in accordance with

755

applicable rules, shall take final agency action on permit

756

applications for the use of aquatic plant activities on sovereign

757

submerged lands.

758

     Section 8.  Section 369.25, Florida Statutes, is amended to

759

read:

760

     369.25  Aquatic plants; definitions; permits; powers of

761

department; penalties.--

762

     (1)  As used in this section, the term:

763

     (a)  "Aquatic plant" means any plant, including a floating,

764

emersed, submersed, or ditch bank species, growing in, or closely

765

associated with, an aquatic environment and includes any part or

766

seed of such plant.

767

     (b) "Department" means the Department of Agriculture and

768

Consumer Services Environmental Protection.

769

     (c)  "Nonnursery cultivation" means the tending of aquatic

770

plant species for harvest in the natural environment.

771

     (d)  "Noxious aquatic plant" means any part, including, but

772

not limited to, seeds or reproductive parts, of an aquatic plant

773

which has the potential to hinder the growth of beneficial

774

plants, interfere with irrigation or navigation, or adversely

775

affect the public welfare or the natural resources of this state.

776

     (e)  "Person" includes a natural person, a public or private

777

corporation, a governmental entity, or any other kind of entity.

778

     (2)  No person shall engage in any business involving the

779

importation, transportation, nonnursery cultivation, collection,

780

sale, or possession of any aquatic plant species without a permit

781

issued by the department or the Department of Agriculture and

782

Consumer Services. No person shall import, transport, nonnursery

783

cultivate, collect, sell, or possess any noxious aquatic plant

784

listed on the prohibited aquatic plant list established by the

785

department without a permit issued by the department or the

786

Department of Agriculture and Consumer Services. No permit shall

787

be issued until the department determines that the proposed

788

activity poses no threat or danger to the waters, wildlife,

789

natural resources, or environment of the state.

790

     (3)  The department has the following powers:

791

     (a)  To make such rules governing the importation,

792

transportation, nonnursery cultivation, collection, and

793

possession of aquatic plants as may be necessary for the

794

eradication, control, or prevention of the dissemination of

795

noxious aquatic plants that are not inconsistent with rules of

796

the Fish and Wildlife Conservation Commission Department of

797

Agriculture and Consumer Services.

798

     (b)  To establish by rule lists of aquatic plant species

799

regulated under this section, including those exempted from such

800

regulation, provided the Department of Agriculture and Consumer

801

Services and the Fish and Wildlife Conservation Commission

802

approves approve such lists prior to the lists becoming

803

effective.

804

     (c)  To evaluate an aquatic plant species through research

805

or other means to determine whether such species poses a threat

806

or danger to the waters, wildlife, natural resources, or

807

environment of the state.

808

     (d)  To declare a quarantine against aquatic plants,

809

including the vats, pools, or other containers or bodies of water

810

in which such plants are growing, except in aquatic plant

811

nurseries, to prevent the dissemination of any noxious aquatic

812

plant.

813

     (e)  To make rules governing the application for, issuance

814

of, suspension of, and revocation of permits under this section.

815

     (f)  To enter into cooperative agreements with any person as

816

necessary or desirable to carry out and enforce the provisions of

817

this section.

818

     (g)  To purchase all necessary supplies, material,

819

facilities, and equipment and accept all grants and donations

820

useful in the implementation and enforcement of the provisions of

821

this section.

822

     (h) To enter upon and inspect any facility or place, except

823

aquatic plant nurseries regulated by the Department of

824

Agriculture and Consumer Services, where aquatic plants are

825

cultivated, held, packaged, shipped, stored, or sold, or any

826

vehicle of conveyance of aquatic plants, to ascertain whether the

827

provisions of this section and department regulations are being

828

complied with, and to seize and destroy, without compensation,

829

any aquatic plants imported, transported, cultivated, collected,

830

or otherwise possessed in violation of this section or department

831

regulations.

832

     (i) To conduct a public information program, including, but

833

not limited to, erection of road signs, in order to inform the

834

public and interested parties of this section and its associated

835

rules and of the dangers of noxious aquatic plant introductions.

836

     (i)(j) To adopt rules requiring the revegetation of a site

837

on sovereignty lands where excessive collection has occurred.

838

     (j)(k) To enforce this chapter in the same manner and to

839

the same extent as provided in s. 581.211 ss. 403.121, 403.131,

840

403.141, and 403.161.

841

     (4) The department shall adopt rules that which limit the

842

sanctions available for violations under this act to quarantine

843

and confiscation:

844

     (a)  If the prohibited activity apparently results from

845

natural dispersion; or

846

     (b)  If a small amount of noxious aquatic plant material

847

incidentally adheres to a boat or boat trailer operated by a

848

person who is not involved in any phase of the aquatic plant

849

business and if that person is not knowingly violating this act.

850

     (5)(a)  Any person who violates the provisions of this

851

section commits is guilty of a misdemeanor of the second degree,

852

punishable as provided in s. 775.082 or s. 775.083.

853

     (b)  All law enforcement officers of the state and its

854

agencies with power to make arrests for violations of state law

855

shall enforce the provisions of this section.

856

     Section 9.  Section 369.251, Florida Statutes, is amended to

857

read:

858

     369.251  Invasive nonnative plants; prohibitions; study;

859

removal; rules.--

860

     (1)  A person may not sell, transport, collect, cultivate,

861

or possess any plant, including any part or seed, of the species

862

Melaleuca quinquenervia, Schinus terebinthifolius, Casuarina

863

equisetifolia, Casuarina glauca, or Mimosa pigra without a permit

864

from the Department of Agriculture and Consumer Services. Any

865

person who violates this section commits a misdemeanor of the

866

second degree, punishable by fine only, as provided in s.

867

775.083.

868

     (2) The department, in coordination with the Fish and

869

Wildlife Conservation Commission, shall study methods of control

870

of plants of the species Melaleuca quinquenervia, Schinus

871

terebinthifolius, Casuarina equisetifolia, Casuarina glauca, and

872

Mimosa pigra. The South Florida Water Management District shall

873

undertake programs to remove such plants from conservation area

874

I, conservation area II, and conservation area III of the

875

district.

876

     (3)  The department has authority to adopt rules pursuant to

877

ss. 120.536(1) and 120.54 to implement the provisions of this

878

section. Possession or transportation resulting from natural

879

dispersion, mulching operations, control and disposal, or use in

880

herbaria or other educational or research institutions, or for

881

other reasons determined by the department to be consistent with

882

this section and where there is neither the danger of, nor intent

883

to, further disperse any plant species prohibited by this

884

section, is not subject to the permit or penalty provisions of

885

this section.

886

     Section 10.  Section 369.252, Florida Statutes, is amended

887

to read:

888

     369.252 Invasive exotic plant control on public lands.--The

889

Fish and Wildlife Conservation Commission department shall

890

establish a program to:

891

     (1)  Achieve eradication or maintenance control of invasive

892

exotic plants on public lands when the scientific data indicate

893

that they are detrimental to the state's natural environment or

894

when the Commissioner of Agriculture finds that such plants or

895

specific populations thereof are a threat to the agricultural

896

productivity of the state;

897

     (2)  Assist state and local government agencies in the

898

development and implementation of coordinated management plans

899

for the eradication or maintenance control of invasive exotic

900

plant species on public lands;

901

     (3)  Contract, or enter into agreements, with entities in

902

the State University System or other governmental or private

903

sector entities for research concerning control agents;

904

production and growth of biological control agents; and

905

development of workable methods for the eradication or

906

maintenance control of invasive exotic plants on public lands;

907

and

908

     (4)  Use funds in the Invasive Plant Control Trust Fund as

909

authorized by the Legislature for carrying out activities under

910

this section on public lands. A minimum of 20 Twenty percent of

911

the amount credited to the Invasive Plant Control Trust Fund

912

pursuant to s. 201.15(6) shall be used for the purpose of

913

controlling nonnative, upland, invasive plant species on public

914

lands.

915

     Section 11.  Paragraph (a) of subsection (1) of section

916

206.606, Florida Statutes, is amended to read:

917

     206.606  Distribution of certain proceeds.--

918

     (1)  Moneys collected pursuant to ss. 206.41(1)(g) and

919

206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust

920

Fund. Such moneys, after deducting the service charges imposed by

921

s. 215.20, the refunds granted pursuant to s. 206.41, and the

922

administrative costs incurred by the department in collecting,

923

administering, enforcing, and distributing the tax, which

924

administrative costs may not exceed 2 percent of collections,

925

shall be distributed monthly to the State Transportation Trust

926

Fund, except that:

927

     (a) $6.30 million shall be transferred to the Fish and

928

Wildlife Conservation Commission Department of Environmental

929

Protection in each fiscal year and deposited in the Invasive

930

Plant Control Trust Fund to be used for aquatic plant management,

931

including nonchemical control of aquatic weeds, research into

932

nonchemical controls, and enforcement activities. Beginning in

933

fiscal year 1993-1994, the department shall allocate at least $1

934

million of such funds to the eradication of melaleuca.

935

     Section 12.  Paragraphs (b) and (c) of subsection (1) of

936

section 328.76, Florida Statutes, are amended to read:

937

     328.76  Marine Resources Conservation Trust Fund; vessel

938

registration funds; appropriation and distribution.--

939

     (1)  Except as otherwise specified in this subsection and

940

less $1.4 million for any administrative costs which shall be

941

deposited in the Highway Safety Operating Trust Fund, in each

942

fiscal year beginning on or after July 1, 2001, all funds

943

collected from the registration of vessels through the Department

944

of Highway Safety and Motor Vehicles and the tax collectors of

945

the state, except for those funds designated as the county

946

portion pursuant to s. 328.72(1), shall be deposited in the

947

Marine Resources Conservation Trust Fund for recreational channel

948

marking; public launching facilities; law enforcement and quality

949

control programs; aquatic weed control; manatee protection,

950

recovery, rescue, rehabilitation, and release; and marine mammal

951

protection and recovery. The funds collected pursuant to s.

952

328.72(1) shall be transferred as follows:

953

     (b)  An amount equal to $2 from each recreational vessel

954

registration fee, except that for class A-1 vessels, shall be

955

transferred by the Department of Highway Safety and Motor

956

Vehicles to the Invasive Plant Control Trust Fund in the Fish and

957

Wildlife Conservation Commission Department of Environmental

958

Protection for aquatic weed research and control.

959

     (c)  An amount equal to 40 percent of the registration fees

960

from commercial vessels shall be transferred by the Department of

961

Highway Safety and Motor Vehicles to the Invasive Plant Control

962

Trust Fund in the Fish and Wildlife Conservation Commission

963

Department of Environmental Protection for aquatic plant research

964

and control.

965

     Section 13.  Section 373.228, Florida Statutes, is amended

966

to read:

967

     373.228  Landscape irrigation design.--

968

     (1)  The Legislature finds that multiple areas throughout

969

the state have been identified by water management districts as

970

water resource caution areas, which indicates that in the near

971

future water demand in those areas will exceed the current

972

available water supply and that conservation is one of the

973

mechanisms by which future water demand will be met.

974

     (2)  The Legislature finds that landscape irrigation

975

comprises a significant portion of water use and that the current

976

typical landscape irrigation system and xeriscape designs offer

977

significant potential water conservation benefits.

978

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

979

landscape irrigation water use efficiency by ensuring that

980

landscape irrigation systems meet or exceed minimum design

981

criteria.

982

     (4)  The water management districts shall work with the

983

Florida Nurserymen and Growers Association, the Florida Chapter

984

of the American Society of Landscape Architects, the Florida

985

Irrigation Society, the Department of Agriculture and Consumer

986

Services, the Institute of Food and Agricultural Sciences, the

987

Department of Environmental Protection, the Department of

988

Transportation, the Florida League of Cities, the Florida

989

Association of Counties, and the Florida Association of Community

990

Developers to develop landscape irrigation and xeriscape design

991

standards for new construction which incorporate a landscape

992

irrigation system and develop scientifically based model

993

guidelines for urban, commercial, and residential landscape

994

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

995

and other landscaping. The landscape and irrigation design

996

standards shall be based on the irrigation code defined in the

997

Florida Building Code, Plumbing Volume, Appendix F. Local

998

governments shall use the standards and guidelines when

999

developing landscape irrigation and xeriscape ordinances. By

1000

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

1001

specified in this subsection shall review the standards and

1002

guidelines to determine whether new research findings require a

1003

change or modification of the standards and guidelines.

1004

     Section 14.  Paragraph (d) of subsection (1) of section

1005

376.303, Florida Statutes, is amended to read:

1006

     376.303  Powers and duties of the Department of

1007

Environmental Protection.--

1008

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

1009

     (d)  Establish a registration program for drycleaning

1010

facilities and wholesale supply facilities.

1011

     1.  Owners or operators of drycleaning facilities and

1012

wholesale supply facilities and real property owners shall

1013

jointly register each facility owned and in operation with the

1014

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

1015

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

1016

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

1017

this subsection. If the registration form cannot be jointly

1018

submitted, then the applicant shall provide notice of the

1019

registration to other interested parties. The department shall

1020

establish reasonable requirements for the registration of such

1021

facilities. The department shall use reasonable efforts to

1022

identify and notify drycleaning facilities and wholesale supply

1023

facilities of the registration requirements by certified mail,

1024

return receipt requested. The department shall provide to the

1025

Department of Revenue a copy of each applicant's registration

1026

materials, within 30 working days of the receipt of the

1027

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

1028

agencies mutually designate.

1029

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

1030

registration fees to each registered drycleaning facility or

1031

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

1032

drycleaning facilities and wholesale supply facilities shall

1033

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

1034

renewal registration fee of $100 for each drycleaning facility or

1035

wholesale supply facility owned and in operation. The fee shall

1036

be paid within 30 days after receipt of billing by the

1037

department. Facilities that fail to pay their renewal fee within

1038

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

1039

$75.

1040

     b.  Revenues derived from registration, renewal, and late

1041

fees shall be deposited into the Water Quality Assurance Trust

1042

Fund to be used as provided in s. 376.3078.

1043

     3. Effective March 1, 2009, a registered drycleaning

1044

facility shall display in the vicinity of its drycleaning

1045

machines the original or a copy of a valid and current

1046

certificate evidencing registration with the department pursuant

1047

to this paragraph. After that date, a person may not sell or

1048

transfer any drycleaning solvents to an owner or operator of a

1049

drycleaning facility unless the owner or operator of the

1050

drycleaning facility displays the certificate issued by the

1051

department. Violators of this subparagraph are subject to the

1052

remedies available to the department pursuant to s. 376.302.

1053

     Section 15.  Subsection (19) of section 403.031, Florida

1054

Statutes, is amended to read:

1055

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

1056

and regulations adopted pursuant hereto, the following words,

1057

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

1058

the following meanings:

1059

     (19) "Regulated air pollutant" means any pollutant

1060

regulated under the federal Clean Air Act.:

1061

     (a) Nitrogen oxides or any volatile organic compound;

1062

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

1063

7412; or

1064

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

1065

quality standard has been adopted.

1066

     Section 16.  Section 403.0623, Florida Statutes, is amended

1067

to read:

1068

     403.0623  Environmental data; quality assurance.--The

1069

department must establish, by rule, appropriate quality assurance

1070

requirements for environmental data submitted to the department

1071

and the criteria by which environmental data may be rejected by

1072

the department. The department may adopt and enforce rules to

1073

establish data quality objectives and specify requirements for

1074

training of laboratory and field staff, sample collection

1075

methodology, proficiency testing, and audits of laboratory and

1076

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

1077

laboratory certification provisions under ss. 403.0625 and

1078

403.863.

1079

     Section 17.  Subsection (1) of section 403.0872, Florida

1080

Statutes, is amended to read:

1081

     403.0872  Operation permits for major sources of air

1082

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

1083

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

1084

the United States Environmental Protection Agency, beginning

1085

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

1086

electrical power plants certified under s. 403.511, must obtain

1087

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

1088

pollution under this section. This operation permit is the only

1089

department operation permit for a major source of air pollution

1090

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

1091

the department shall issue a separate acid rain permit for a

1092

major source of air pollution that is an affected source within

1093

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

1094

sources of air pollution, except general permits issued pursuant

1095

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

1096

contained in this section and in accordance with chapter 120;

1097

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

1098

provisions of this section, the procedures contained in this

1099

section prevail.

1100

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

1101

pollution means a stationary source of air pollution, or any

1102

group of stationary sources within a contiguous area and under

1103

common control, which emits any regulated air pollutant and which

1104

is any of the following:

1105

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

1106

7412(a)(1);

1107

     (b)  A major stationary source or major emitting facility

1108

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

1109

subchapter I, part C or part D;

1110

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

1111

7651a(1);

1112

     (d)  An air pollution source subject to standards or

1113

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

1114

source is not a major source solely because of its regulation

1115

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

1116

     (e)  A stationary air pollution source belonging to a

1117

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

1118

adopted by the administrator of the United States Environmental

1119

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

1120

shall exempt those facilities that are subject to this section

1121

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

1122

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

1123

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

1124

exemption is available under federal law.

1125

     Section 18.  Section 373.109, Florida Statutes, is amended

1126

to read:

1127

     373.109  Permit application fees.--When a water management

1128

district governing board, the department, or a local government

1129

implements a regulatory system under this chapter or one which

1130

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

1131

schedule of fees for filing applications for the required

1132

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

1133

department, or the local government for processing, monitoring,

1134

and inspecting for compliance with the permit.

1135

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

1136

than December 1, 2008, to increase each application fee

1137

authorized under part IV of this chapter and adopted by rule to

1138

ensure that such fees reflect, at a minimum, any upward

1139

adjustment in the Consumer Price Index compiled by the United

1140

States Department of Labor, or similar inflation indicator, since

1141

the original fee was established or most recently revised. The

1142

department shall establish by rule the inflation index to be used

1143

for this purpose.

1144

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

1145

a noticed general permit or individual permit as established in

1146

department rules.

1147

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

1148

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

1149

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

1150

established by department rule, but not to exceed $500.

1151

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

1152

not to exceed $500 for conducting informal wetland boundary

1153

determinations as a public service to applicants or potential

1154

applicants for permits under part IV of this chapter. An informal

1155

wetland boundary determination is not an application for a

1156

permit, is not subject to the permit review timeframes

1157

established in this chapter or chapter 120, and does not

1158

constitute final agency action.

1159

     (2) The department shall review the fees authorized under

1160

part IV of this chapter at least once every 5 years and shall

1161

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

1162

Consumer Price Index or similar inflation indicator. In the event

1163

of deflation, the department shall consult with the Executive

1164

Office of the Governor and the Legislature to determine whether

1165

downward fee adjustments are appropriate based on the current

1166

budget and appropriation considerations.

1167

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

1168

section shall be allocated for the use of the water management

1169

district, the department, or the local government, whichever

1170

processed the permit, and shall be in addition to moneys

1171

otherwise appropriated in any general appropriation act. All

1172

moneys received by the department under the provisions of this

1173

section shall be deposited in the Florida Permit Fee Trust Fund

1174

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

1175

provided therein. Moneys received by a water management district

1176

or the department under the provisions of this section shall be

1177

in addition to moneys otherwise appropriated in any general

1178

appropriation act.

1179

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

1180

established hereunder constitutes grounds for revocation or

1181

denial of the permit.

1182

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

1183

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

1184

amounts shall remain in effect until the effective date of fees

1185

adopted by rule by the department.

1186

     Section 19.  Section 403.087, Florida Statutes, is amended

1187

to read:

1188

     403.087  Permits; general issuance; denial; revocation;

1189

prohibition; penalty.--

1190

     (1)  A stationary installation that is reasonably expected

1191

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

1192

maintained, constructed, expanded, or modified without an

1193

appropriate and currently valid permit issued by the department,

1194

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

1195

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

1196

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

1197

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

1198

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

1199

the department in accordance with this chapter and the rules of

1200

the department.

1201

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

1202

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

1203

permits under this section.

1204

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

1205

wastewater treatment facility other than a facility regulated

1206

under the National Pollutant Discharge Elimination System (NPDES)

1207

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

1208

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

1209

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

1210

with a financial incentive, if:

1211

     (a)  The waters from the treatment facility are not

1212

discharged to Class I municipal injection wells or the treatment

1213

facility is not required to comply with the federal standards

1214

under the Underground Injection Control Program under chapter 62-

1215

528 of the Florida Administrative Code;

1216

     (b)  The treatment facility is not operating under a

1217

temporary operating permit or a permit with an accompanying

1218

administrative order and does not have any enforcement action

1219

pending against it by the United States Environmental Protection

1220

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

1221

403.182;

1222

     (c)  The treatment facility has operated under an operation

1223

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

1224

generally operated in conformance with the limits of permitted

1225

flows and other conditions specified in the permit;

1226

     (d)  The department has reviewed the discharge-monitoring

1227

reports required under department rule and is satisfied that the

1228

reports are accurate;

1229

     (e)  The treatment facility has generally met water quality

1230

standards in the preceding 2 years, except for violations

1231

attributable to events beyond the control of the treatment plant

1232

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

1233

or other abnormal events that could not reasonably be expected to

1234

occur; and

1235

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

1236

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

1237

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

1238

the facility that it is not exceeding the permitted capacity and

1239

is in substantial compliance.

1240

1241

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

1242

permits applied for and the number and duration of permits issued

1243

for longer than 5 years.

1244

     (4)  The department shall issue permits on such conditions

1245

as are necessary to effect the intent and purposes of this

1246

section.

1247

     (5)  The department shall issue permits to construct,

1248

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

1249

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

1250

determines that the installation is provided or equipped with

1251

pollution control facilities that will abate or prevent pollution

1252

to the degree that will comply with the standards or rules

1253

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

1254

403.0872. However, separate construction permits shall not be

1255

required for installations permitted under s. 403.0885, except

1256

that the department may require an owner or operator proposing to

1257

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

1258

department review, as part of application for permit or permit

1259

modification, engineering plans, preliminary design reports, or

1260

other information 90 days prior to commencing construction. The

1261

department may also require the engineer of record or another

1262

registered professional engineer, within 30 days after

1263

construction is complete, to certify that the construction was

1264

completed in accordance with the plans submitted to the

1265

department, noting minor deviations which were necessary because

1266

of site-specific conditions.

1267

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

1268

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

1269

costs of reviewing and acting upon any application for a permit

1270

or request for site-specific alternative criteria or for an

1271

exemption from water quality criteria and to cover the costs of

1272

surveillance and other field services and related support

1273

activities associated with any permit or plan approval issued

1274

pursuant to this chapter. The department shall review the fees

1275

authorized under this chapter at least once every 5 years and

1276

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

1277

established in this paragraph to reflect changes in the Consumer

1278

Price Index or similar inflation indicator. The department shall

1279

establish by rule the inflation index to be used for this

1280

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

1281

with the Executive Office of the Governor and the Legislature to

1282

determine whether downward fee adjustments are appropriate based

1283

on the current budget and appropriation considerations. However,

1284

when an application is received without the required fee, the

1285

department shall acknowledge receipt of the application and shall

1286

immediately return the unprocessed application to the applicant

1287

and shall take no further action until the application is

1288

received with the appropriate fee. The department shall adopt a

1289

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

1290

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

1291

     a.  Hazardous waste, construction permit.

1292

     b.  Hazardous waste, operation permit.

1293

     c.  Hazardous waste, postclosure permit, or clean closure

1294

plan approval.

1295

     d.  Hazardous waste, corrective action permit.

1296

     2. The permit fee for a drinking water construction or

1297

operation permit, not including the operation license fee

1298

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

1299

exceed $15,000.

1300

     3.2. The permit fee for a Class I injection well

1301

construction permit may not exceed $12,500.

1302

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

1303

not exceed $10,000:

1304

     a.  Solid waste, construction permit.

1305

     b.  Solid waste, operation permit.

1306

     c.  Class I injection well, operation permit.

1307

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

1308

not exceed $7,500:

1309

     a.  Air pollution, construction permit.

1310

     b.  Solid waste, closure permit.

1311

     c. Drinking water, construction or operation permit.

1312

     c.d. Domestic waste residuals, construction or operation

1313

permit.

1314

     d.e. Industrial waste, operation permit.

1315

     e.f. Industrial waste, construction permit.

1316

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

1317

not exceed $5,000:

1318

     a.  Domestic waste, operation permit.

1319

     b.  Domestic waste, construction permit.

1320

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

1321

not exceed $4,000:

1322

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

1323

mangrove alteration), standard form permit.

1324

     b.  Hazardous waste, research and development permit.

1325

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

1326

to s. 403.0872.

1327

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

1328

abandonment permits.

1329

     8. The permit fee for a drinking water distribution system

1330

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

1331

may not exceed $1,000.

1332

     9.7. The permit fee for Class V injection wells,

1333

construction, operation, and abandonment permits may not exceed

1334

$750.

1335

     10.8. The permit fee for domestic waste collection system

1336

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

1337

     a. Domestic waste, collection system permits.

1338

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

1339

mangrove alterations), short permit form.

1340

     c. Drinking water, distribution system permit.

1341

     11.9. The permit fee for stormwater operation permits may

1342

not exceed $100.

1343

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

1344

permit fees for permits that require certification by a

1345

registered professional engineer or professional geologist may

1346

not exceed $500, and. the general permit fee for other permit

1347

types may not exceed $100.

1348

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

1349

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

1350

requested by the applicant is $1,000.

1351

     14.12. The regulatory program and surveillance fees for

1352

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

1353

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

1354

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

1355

department has been granted administrative authority, shall be

1356

limited as follows:

1357

     a.  The fees for domestic wastewater facilities shall not

1358

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

1359

scale of fees based on the permitted capacity and shall ensure

1360

smaller domestic waste dischargers do not bear an inordinate

1361

share of costs of the program.

1362

     b.  The annual fees for industrial waste facilities shall

1363

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

1364

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

1365

the industrial waste discharge and shall ensure smaller

1366

industrial waste dischargers do not bear an inordinate share of

1367

costs of the program.

1368

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

1369

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

1370

review required for permit modification or construction

1371

engineering plans.

1372

     (b)  If substantially similar air pollution sources are to

1373

be constructed or modified at the same facility, the applicant

1374

may submit a single application and permit fee for construction

1375

or modification of the sources at that facility. If substantially

1376

similar air pollution sources located at the same facility do not

1377

constitute a major source of air pollution subject to permitting

1378

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

1379

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

1380

may develop, by rule, criteria for determining what constitutes

1381

substantially similar sources.

1382

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

1383

of each fee shall be reasonably related to the costs of

1384

permitting, field services, and related support activities for

1385

the particular permitting activity taking into consideration

1386

consistently applied standard cost-accounting principles and

1387

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

1388

permit condition, that a permit be renewed more frequently than

1389

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

1390

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

1391

     (d)  Nothing in this subsection authorizes the construction

1392

or expansion of any stationary installation except to the extent

1393

specifically authorized by department permit or rule.

1394

     (e)  For all domestic waste collection system permits and

1395

drinking water distribution system permits, the department shall

1396

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

1397

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

1398

dwelling units, or any combination of these factors. The

1399

department shall require a separate permit application and fee

1400

for each noncontiguous project within the system.

1401

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

1402

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

1403

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

1404

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

1405

her application;

1406

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

1407

regulations, or permit conditions;

1408

     (c)  Has failed to submit operational reports or other

1409

information required by department rule or regulation; or

1410

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

1411

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

1412

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

1413

activity relating to the extraction of solid minerals not exempt

1414

pursuant to chapter 211 within any state or national park or

1415

state or national forest when the activity will degrade the

1416

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

1417

within those areas. In the event the Federal Government prohibits

1418

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

1419

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

1420

shall not apply to those federal lands.

1421

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

1422

in this chapter.

1423

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

1424

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

1425

amounts shall remain in effect until the effective date of fees

1426

adopted by rule by the department.

1427

     Section 20.  Subsections (7) and (8) of section 403.861,

1428

Florida Statutes, are amended to read:

1429

     403.861  Department; powers and duties.--The department

1430

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

1431

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

1432

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

1433

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

1434

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

1435

served by the system, including issuance of an annual operation

1436

license.

1437

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

1438

system based upon review of a preliminary design report or plans

1439

and specifications, and a completed permit application form, and

1440

other required information as set forth in department rule,

1441

including receipt of an appropriate fee. The department may

1442

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

1443

costs of viewing and acting upon any application for the

1444

construction and operation of a public water supply system and

1445

the costs of surveillance and other field services associated

1446

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

1447

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

1448

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

1449

population served by the system that is proposed by the

1450

applicant.

1451

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

1452

shall submit annually to the department an operation license fee,

1453

separate from and in addition to any permit application fees

1454

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

1455

department rule. The amount of each fee shall be reasonably

1456

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

1457

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

1458

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

1459

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

1460

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

1461

department rule.

1462

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

1463

increase each drinking water permit application fee authorized

1464

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

1465

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

1466

adjustment in the Consumer Price Index compiled by the United

1467

States Department of Labor, or similar inflation indicator, since

1468

the original fee was established or most recently revised.

1469

     (a) The department shall establish by rule the inflation

1470

index to be used for this purpose. The department shall review

1471

the drinking water permit application fees authorized under s.

1472

403.087(6) and this part at least once every 5 years and shall

1473

adjust the fees upward, as necessary, within the established fee

1474

caps to reflect changes in the Consumer Price Index or similar

1475

inflation indicator. In the event of deflation, the department

1476

shall consult with the Executive Office of the Governor and the

1477

Legislature to determine whether downward fee adjustments are

1478

appropriate based on the current budget and appropriation

1479

considerations. The department shall also review the drinking

1480

water operation license fees established pursuant to paragraph

1481

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

1482

same inflationary adjustments provided for in this subsection.

1483

     (b) Effective July 1, 2008, the minimum fee amount shall be

1484

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

1485

shall remain in effect until the effective date of fees adopted

1486

by rule by the department.

1487

     Section 21.  Section 403.873, Florida Statutes, is amended

1488

to read:

1489

     403.873  Renewal of license.--

1490

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

1491

the renewal application, proof of completion of department-

1492

approved continuing education units during the current biennium,

1493

and the renewal fee, and in accordance with the other provisions

1494

of ss. 403.865-403.876.

1495

     (2)  The department shall adopt rules establishing a

1496

procedure for the biennial renewal of licenses, including the

1497

requirements for continuing education.

1498

     Section 22.  Section 403.874, Florida Statutes, is amended

1499

to read:

1500

     403.874  Inactive status.--

1501

     (1)  The department shall reactivate an inactive license

1502

upon receipt of the reactivation application and fee within the

1503

2-year period immediately following the expiration date of the

1504

license. Any license not reactivated within this 2-year period

1505

shall be null and void and an operator seeking a license

1506

thereafter must meet the training, examination, and experience

1507

requirements for the type and class or level of license sought.

1508

     (2)  The department shall adopt rules relating to licenses

1509

that have become inactive and for the reactivation of inactive

1510

licenses, and procedures for null and void licenses and how to

1511

obtain a new license after a license has become null and void.

1512

     Section 23. The Department of Environmental Protection may

1513

not issue any permit for a Class I landfill that will be located

1514

on or adjacent to a Class III landfill that was permitted on or

1515

before January 1, 2006, and that is located in the Southern Water

1516

Use Caution Area designated by rule by the Southwest Florida

1517

Water Management District. This section applies to all

1518

applications for any Class I landfill permit submitted after

1519

January 1, 2006, for which the department has not issued a final

1520

permit.

1521

     Section 24. Section 378.011, Florida Statutes, is repealed.

1522

     Section 25. Chapter 325, Florida Statutes, consisting of

1523

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

1524

repealed.

1525

     Section 26. Section 403.08725, Florida Statutes, is

1526

repealed.

1527

     Section 27.  This act shall take effect upon becoming a law.

1528

1529

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

1530

And the title is amended as follows:

1531

     Delete everything before the enacting clause

1532

and insert:

1533

A bill to be entitled

1534

An act relating to environmental protection; reenacting

1535

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

1536

establishment of the department; renaming the Office of

1537

Legislative and Government Affairs as the "Office of

1538

Legislative Affairs"; creating the Office of

1539

Intergovernmental Programs within the department; renaming

1540

the Division of Resource Assessment and Management as the

1541

"Division of Environmental Assessment and Restoration";

1542

authorizing the Environmental Regulation Commission to

1543

employ independent counsel and contract for outside

1544

technical consultants; amending s. 211.3103, F.S.,

1545

relating to the tax on the severance of phosphate rock;

1546

deleting obsolete provisions; providing for a surcharge to

1547

be levied per ton severed until a specified amount of

1548

revenue is generated; providing for an adjustment in the

1549

surcharge under certain conditions; providing for the

1550

distribution of all taxes, interest, and penalties

1551

collected from the severance of phosphate rock; providing

1552

for the use of such revenues by certain counties; defining

1553

the term "phosphate-related expenses" for purposes of the

1554

act; amending s. 253.002, F.S.; authorizing the Board of

1555

Trustees of the Internal Improvement Trust Fund to

1556

delegate certain duties regarding submerged lands to the

1557

Fish and Wildlife Conservation Commission; amending s.

1558

373.414, F.S.; exempting certain lands added to a

1559

conceptual reclamation plan from rules governing

1560

activities in surface waters and wetlands; amending s.

1561

378.205, F.S.; providing that administrative challenges to

1562

state agency action regarding phosphate mines and

1563

reclamation are subject to summary hearings; amending s.

1564

369.20, F.S.; providing for the Fish and Wildlife

1565

Conservation Commission rather than the Department of

1566

Environmental Protection to direct the control,

1567

eradication, and regulation of noxious aquatic weeds;

1568

requiring the commission to adopt rules; authorizing the

1569

commission to collect aquatic plants, quarantine or

1570

confiscate noxious aquatic plant material, and conduct a

1571

public information program; amending s. 369.22, F.S.;

1572

revising a short title; revising definitions; providing

1573

duties of the Fish and Wildlife Conservation Commission

1574

with respect to supervising and directing all management

1575

programs for aquatic plants; authorizing the commission to

1576

delegate its authority and disburse funds; requiring the

1577

commission to post a report on its website; providing for

1578

the commission to adopt rules for issuing permits for the

1579

control, eradication, and removal of aquatic plants;

1580

amending ss. 369.25 and 369.251, F.S.; providing for the

1581

Department of Agriculture and Consumer Services rather

1582

than the Department of Environmental Protection to

1583

regulate the importation, transport, cultivation, and

1584

possession of certain aquatic plants and invasive

1585

nonnative plants; authorizing the Department of

1586

Agriculture and Consumer Services to adopt rules;

1587

providing duties of the department; amending s. 369.252,

1588

F.S.; requiring the Fish and Wildlife Conservation

1589

Commission to establish a program to control invasive

1590

plants on public lands; revising requirements for the use

1591

of funds in the Invasive Plant Control Trust Fund;

1592

amending s. 206.606, F.S.; providing for the distribution

1593

of certain proceeds from the fuel tax by the Fish and

1594

Wildlife Conservation Commission; amending s. 328.76,

1595

F.S., relating to funds transferred to the Invasive Plant

1596

Control Trust Fund; conforming provisions to changes made

1597

by the act; amending s. 373.228, F.S.; requiring that

1598

certain entities review the standards and guidelines for

1599

landscape irrigation and xeriscape ordinances by a date

1600

certain; amending s. 376.303, F.S.; requiring a

1601

drycleaning facility to display a current and valid

1602

certificate of registration issued by the Department of

1603

Environmental Protection; prohibiting the sale or transfer

1604

of drycleaning solvents after a certain date to owners or

1605

operators of drycleaning facilities unless a registration

1606

certificate is displayed; providing penalties; amending s.

1607

403.031, F.S.; conforming the definition of the term

1608

"regulated air pollutant" to changes made in the federal

1609

Clean Air Act; amending s. 403.0623, F.S.; providing

1610

rulemaking authority for biological sampling techniques;

1611

amending s. 403.0872, F.S.; conforming the requirements

1612

for air operation permits to changes made to Title V of

1613

the Clean Air Act to delete certain minor sources from the

1614

Title V permitting requirements; amending s. 373.109,

1615

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

1616

date certain to adjust permit fees; providing for fees to

1617

be imposed for verifying that certain activities are

1618

exempt from regulation; providing for a fee for conducting

1619

informal wetland boundary determinations; specifying

1620

special conditions that apply to such determinations;

1621

amending s. 403.087, F.S.; providing minimum and maximum

1622

amounts for certain fees relating to wastewater treatment

1623

facilities; amending s. 403.861, F.S.; providing for a

1624

public water system application fee; requiring the

1625

department to adopt rules for periodically adjusting the

1626

application fee; amending s. 403.873, F.S.; providing

1627

rulemaking authority for continuing education requirements

1628

for water utility operators; amending s. 403.874, F.S.;

1629

providing for the reinstatement of certain water utility

1630

operator certifications; prohibiting the Department of

1631

Environmental Protection from issuing a permit for a Class

1632

I landfill located in a specified water use caution area

1633

designated by rule; repealing s. 378.011, F.S., relating

1634

to the Land Use Advisory Committee; repealing ch. 325,

1635

F.S., consisting of ss. 325.2055, 325.221, 325.222, and

1636

325.223, F.S., relating to motor vehicle air conditioning

1637

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

1638

citrus juice processing facilities; providing an effective

1639

date.

4/28/2008  4:00:00 PM     601-08798C-08

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