Florida Senate - 2008 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1294
929760
Senate
Floor: AD/2R
5/1/2008 2:06 PM
.
.
.
.
.
House
1
The Conference Committee on CS for CS for SB 1294 recommended the
2
following amendment:
3
4
Conference Committee Amendment (with title amendment)
5
Delete everything after the enacting clause
6
and insert:
7
Section 1. Section 20.255, Florida Statutes, is reenacted
8
and amended to read:
9
20.255 Department of Environmental Protection.--There is
10
created a Department of Environmental Protection.
11
(1) The head of the Department of Environmental Protection
12
shall be a secretary, who shall be appointed by the Governor,
13
with the concurrence of three or more members of the Cabinet. The
14
secretary shall be confirmed by the Florida Senate. The secretary
15
shall serve at the pleasure of the Governor.
16
(2)(a) There shall be three deputy secretaries who are to
17
be appointed by and shall serve at the pleasure of the secretary.
18
The secretary may assign any deputy secretary the responsibility
19
to supervise, coordinate, and formulate policy for any division,
20
office, or district. The following special offices are
21
established and headed by managers, each of whom is to be
22
appointed by and serve at the pleasure of the secretary:
23
1. Office of Chief of Staff;,
24
2. Office of General Counsel;,
25
3. Office of Inspector General;,
26
4. Office of External Affairs;,
27
5. Office of Legislative and Government Affairs;, and
28
6. Office of Intergovernmental Programs; and
29
7.6. Office of Greenways and Trails.
30
(b) There shall be six administrative districts involved in
31
regulatory matters of waste management, water resource
32
management, wetlands, and air resources, which shall be headed by
33
managers, each of whom is to be appointed by and serve at the
34
pleasure of the secretary. Divisions of the department may have
35
one assistant or two deputy division directors, as required to
36
facilitate effective operation.
37
38
The managers of all divisions and offices specifically named in
39
this section and the directors of the six administrative
40
districts are exempt from part II of chapter 110 and are included
41
in the Senior Management Service in accordance with s.
42
110.205(2)(j).
43
(3) The following divisions of the Department of
44
Environmental Protection are established:
45
(a) Division of Administrative Services.
46
(b) Division of Air Resource Management.
47
(c) Division of Water Resource Management.
48
(d) Division of Law Enforcement.
49
(e) Division of Environmental Assessment and Restoration
50
Resource Assessment and Management.
51
(f) Division of Waste Management.
52
(g) Division of Recreation and Parks.
53
(h) Division of State Lands, the director of which is to be
54
appointed by the secretary of the department, subject to
55
confirmation by the Governor and Cabinet sitting as the Board of
56
Trustees of the Internal Improvement Trust Fund.
57
58
In order to ensure statewide and intradepartmental consistency,
59
the department's divisions shall direct the district offices and
60
bureaus on matters of interpretation and applicability of the
61
department's rules and programs.
62
(4) Law enforcement officers of the Department of
63
Environmental Protection who meet the provisions of s. 943.13 are
64
constituted law enforcement officers of this state with full
65
power to investigate and arrest for any violation of the laws of
66
this state, and the rules of the department and the Board of
67
Trustees of the Internal Improvement Trust Fund. The general laws
68
applicable to investigations, searches, and arrests by peace
69
officers of this state apply to such law enforcement officers.
70
(5) Records and documents of the Department of
71
Environmental Protection shall be retained by the department as
72
specified in record retention schedules established under the
73
general provisions of chapters 119 and 257. Further, the
74
department is authorized to:
75
(a) Destroy, or otherwise dispose of, those records and
76
documents in conformity with the approved retention schedules.
77
(b) Photograph, microphotograph, or reproduce such records
78
and documents on film, as authorized and directed by the approved
79
retention schedules, whereby each page will be exposed in exact
80
conformity with the original records and documents retained in
81
compliance with the provisions of this section. Photographs or
82
microphotographs in the form of film or print of any records,
83
made in compliance with the provisions of this section, shall
84
have the same force and effect as the originals thereof would
85
have and shall be treated as originals for the purpose of their
86
admissibility in evidence. Duly certified or authenticated
87
reproductions of such photographs or microphotographs shall be
88
admitted in evidence equally with the original photographs or
89
microphotographs. The impression of the seal of the Department of
90
Environmental Protection on a certificate made by the department
91
and signed by the Secretary of Environmental Protection entitles
92
the certificate to be received in all courts and in all
93
proceedings in this state and is prima facie evidence of all
94
factual matters set forth in the certificate. A certificate may
95
relate to one or more records as set forth in the certificate or
96
in a schedule attached to the certificate.
97
(6) The Department of Environmental Protection may require
98
that bond be given by any employee of the department, payable to
99
the Governor of the state and the Governor's successor in office,
100
for the use and benefit of those whom it concerns, in such penal
101
sums and with such good and sufficient surety or sureties as are
102
approved by the department, conditioned upon the faithful
103
performance of the duties of the employee.
104
(7) There is created as a part of the Department of
105
Environmental Protection an Environmental Regulation Commission.
106
The commission shall be composed of seven residents of this state
107
appointed by the Governor, subject to confirmation by the Senate.
108
In making appointments, the Governor shall provide reasonable
109
representation from all sections of the state. Membership shall
110
be representative of agriculture, the development industry, local
111
government, the environmental community, lay citizens, and
112
members of the scientific and technical community who have
113
substantial expertise in the areas of the fate and transport of
114
water pollutants, toxicology, epidemiology, geology, biology,
115
environmental sciences, or engineering. The Governor shall
116
appoint the chair, and the vice chair shall be elected from among
117
the membership. All appointments shall be for 4-year terms. The
118
Governor may at any time fill a vacancy for the unexpired term.
119
The members of the commission shall serve without compensation,
120
but shall be paid travel and per diem as provided in s. 112.061
121
while in the performance of their official duties.
122
Administrative, personnel, and other support services necessary
123
for the commission shall be furnished by the department. The
124
commission may employ independent counsel and contract for the
125
services of outside technical consultants.
126
(8) The department is the agency of state government
127
responsible for collecting and analyzing information concerning
128
energy resources in this state; for coordinating the energy
129
conservation programs of state agencies; and for coordinating the
130
development, review, and implementation of the state's energy
131
policy.
132
Section 2. Section 211.3103, Florida Statutes, is amended
133
to read:
134
211.3103 Levy of tax on severance of phosphate rock; rate,
135
basis, and distribution of tax.--
136
(1) There is hereby levied an excise tax upon every person
137
engaging in the business of severing phosphate rock from the
138
soils or waters of this state for commercial use. The tax shall
139
be collected, administered, and enforced by the department.
140
(2) Beginning July 1, 2003, the proceeds of all taxes,
141
interest, and penalties imposed under this section shall be paid
142
into the State Treasury as follows:
143
(a) The first $10 million in revenue collected from the tax
144
during each fiscal year shall be paid to the credit of the
145
Conservation and Recreation Lands Trust Fund.
146
(b) The remaining revenues collected from the tax during
147
that fiscal year, after the required payment under paragraph (a),
148
shall be paid into the State Treasury as follows:
149
1. For payment to counties in proportion to the number of
150
tons of phosphate rock produced from a phosphate rock matrix
151
located within such political boundary, 18.75 percent. The
152
department shall distribute this portion of the proceeds annually
153
based on production information reported by the producers on the
154
annual returns for the taxable year. Any such proceeds received
155
by a county shall be used only for phosphate-related expenses.
156
2. For payment to counties that have been designated a
157
rural area of critical economic concern pursuant to s. 288.0656
158
in proportion to the number of tons of phosphate rock produced
159
from a phosphate rock matrix located within such political
160
boundary, 15 percent. The department shall distribute this
161
portion of the proceeds annually based on production information
162
reported by the producers on the annual returns for the taxable
163
year.
164
3. To the credit of the Phosphate Research Trust Fund in
165
the Department of Education, 11.25 percent.
166
4. To the credit of the Minerals Trust Fund, 11.25 percent.
167
5. To the credit of the Nonmandatory Land Reclamation Trust
168
Fund, 43.75 percent.
169
(2)(3) Beginning July 1, 2004, the proceeds of all taxes,
170
interest, and penalties imposed under this section shall be paid
171
into the State Treasury as follows:
172
(a) The first $10 million in revenue collected from the tax
173
during each fiscal year shall be paid to the credit of the
174
Conservation and Recreation Lands Trust Fund.
175
(b) The remaining revenues collected from the tax during
176
that fiscal year, after the required payment under paragraph (a),
177
shall be paid into the State Treasury as follows:
178
1. To the credit of the General Revenue Fund of the state,
179
40.1 percent.
180
2. For payment to counties in proportion to the number of
181
tons of phosphate rock produced from a phosphate rock matrix
182
located within such political boundary, 16.5 percent. The
183
department shall distribute this portion of the proceeds annually
184
based on production information reported by the producers on the
185
annual returns for the taxable year. Any such proceeds received
186
by a county shall be used only for phosphate-related expenses.
187
3. For payment to counties that have been designated a
188
rural area of critical economic concern pursuant to s. 288.0656
189
in proportion to the number of tons of phosphate rock produced
190
from a phosphate rock matrix located within such political
191
boundary, 13 percent. The department shall distribute this
192
portion of the proceeds annually based on production information
193
reported by the producers on the annual returns for the taxable
194
year. Payments under this subparagraph shall be made to the
195
counties unless the Legislature by special act creates a local
196
authority to promote and direct the economic development of the
197
county. If such authority exists, payments shall be made to that
198
authority.
199
4. To the credit of the Phosphate Research Trust Fund in
200
the Division of Universities of the Department of Education, 9.3
201
percent.
202
5. To the credit of the Minerals Trust Fund, 10.7 percent.
203
6. To the credit of the Nonmandatory Land Reclamation Trust
204
Fund, 10.4 percent.
205
(3)(4) Beginning July 1, 2003, and annually thereafter, the
206
Department of Environmental Protection may use up to $2 million
207
of the funds in the Nonmandatory Land Reclamation Trust Fund to
208
purchase a surety bond or a policy of insurance, the proceeds of
209
which would pay the cost of restoration, reclamation, and cleanup
210
of any phosphogypsum stack system and phosphate mining activities
211
in the event that an operator or permittee thereof has been
212
subject to a final order of bankruptcy and all funds available
213
therefrom are determined to be inadequate to accomplish such
214
restoration, reclamation, and cleanup. This section does not
215
imply that such operator or permittee is thereby relieved of its
216
obligations or relieved of any liabilities pursuant to any other
217
remedies at law, administrative remedies, statutory remedies, or
218
remedies pursuant to bankruptcy law. The department shall adopt
219
rules to implement this subsection, including the purchase and
220
oversight of the bond or policy.
221
(4)(5) Funds distributed pursuant to subparagraphs (2)(b)3.
222
(2)(b)2. and (11)(e)4. (3)(b)3. shall be used for:
223
(a) Planning, preparing, and financing of infrastructure
224
projects for job creation and capital investment, especially
225
those related to industrial and commercial sites. Infrastructure
226
investments may include the following public or public-private
227
partnership facilities: stormwater systems, telecommunications
228
facilities, roads or other remedies to transportation
229
impediments, nature-based tourism facilities, or other physical
230
requirements necessary to facilitate trade and economic
231
development activities.
232
(b) Maximizing the use of federal, local, and private
233
resources, including, but not limited to, those available under
234
the Small Cities Community Development Block Grant Program.
235
(c) Projects that improve inadequate infrastructure that
236
has resulted in regulatory action that prohibits economic or
237
community growth, if such projects are related to specific job
238
creation or job retention opportunities.
239
(5)(6) Beginning January 1, 2004, the tax rate shall be the
240
base rate of $1.62 per ton severed.
241
(6)(7) Beginning January 1, 2005, and annually thereafter,
242
the tax rate shall be the base rate times the base rate
243
adjustment for the tax year as calculated by the department in
244
accordance with subsection (8) (9).
245
(7)(8) The excise tax levied by this section shall apply to
246
the total production of the producer during the taxable year,
247
measured on the basis of bone-dry tons produced at the point of
248
severance.
249
(8)(9)(a) On or before March 30, 2004, and annually
250
thereafter, the department shall calculate the base rate
251
adjustment, if any, for phosphate rock based on the change in the
252
unadjusted annual producer price index for the prior calendar
253
year in relation to the unadjusted annual producer price index
254
for calendar year 1999.
255
(b) For the purposes of determining the base rate
256
adjustment for any year, the base rate adjustment shall be a
257
fraction, the numerator of which is the unadjusted annual
258
producer price index for the prior calendar year and the
259
denominator of which is the unadjusted annual producer price
260
index for calendar year 1999.
261
(c) The department shall provide the base rate, the base
262
rate adjustment, and the resulting tax rate to affected producers
263
by written notice on or before April 15 of the current year.
264
(d) If the producer price index for phosphate rock is
265
substantially revised, the department shall make appropriate
266
adjustment in the method used to compute the base rate adjustment
267
under this subsection which will produce results reasonably
268
consistent with the result that would have been obtained if the
269
producer price index for phosphate rock had not been revised.
270
However, the tax rate shall not be less than $1.51 $1.56 per ton
271
severed.
272
(e) If the producer price index for phosphate rock is
273
discontinued, a comparable index shall be selected by the
274
department and adopted by rule.
275
(9)(10) The excise tax levied on the severance of phosphate
276
rock shall be in addition to any ad valorem taxes levied upon the
277
separately assessed mineral interest in the real property upon
278
which the site of severance is located, or any other tax, permit,
279
or license fee imposed by the state or its political
280
subdivisions.
281
(10)(11) The tax levied by this section shall be collected
282
in the manner prescribed in s. 211.33.
283
(11)(a) Beginning July 1, 2008, there is hereby levied a
284
surcharge of $1.38 per ton severed in addition to the excise tax
285
levied by this section. The surcharge shall be levied until the
286
last day of the calendar quarter in which the total revenue
287
generated by the surcharge equals $60 million. Revenues derived
288
from the surcharge shall be deposited into the Nonmandatory Land
289
Reclamation Trust Fund and shall be exempt from the general
290
revenue service charge provided in s. 215.20. Revenues derived
291
from the surcharge shall be used to augment funds appropriated
292
for the rehabilitation, management, and closure of the Piney
293
Point and Mulberry sites and for approved reclamation of
294
nonmandatory lands in accordance with chapter 378. A minimum of
295
75 percent of the revenues from the surcharge shall be dedicated
296
to the Piney Point and Mulberry sites.
297
(b) Beginning July 1, 2008, the excise tax rate shall be
298
$1.945 per ton severed and the base rate adjustment provided in
299
subsection (6) shall not apply.
300
(c) Beginning July 1 of the fiscal year following the date
301
on which the amount of revenues collected from the surcharge
302
equals or exceeds $60 million, the tax rate shall be the base
303
rate of $1.51 per ton severed and the base rate adjustment
304
provided in subsection (6) shall not apply until the conditions
305
of paragraph (d) are met.
306
(d) Beginning July 1 of the fiscal year following the date
307
on which a taxpayer's surcharge offset equals or exceeds the
308
total amount of surcharge remitted by such taxpayer under
309
paragraph (a), and each year thereafter, the excise tax rate
310
levied on such taxpayer shall be adjusted as provided in
311
subsection (6). The surcharge offset for each taxpayer is an
312
amount calculated by the department equal to the cumulative
313
difference between the amount of excise tax that would have been
314
collected under subsections (5) and (6) and the excise tax
315
collected under paragraph (c) from such taxpayer.
316
(e) Beginning July 1 of the fiscal year after the revenues
317
from the surcharge equal $60 million, the proceeds of all taxes,
318
interest, and penalties imposed under this section shall be
319
exempt from the general revenue service charge provided in s.
320
215.20, and shall be paid into the State Treasury as follows:
321
1. To the credit of the Conservation and Recreation Lands
322
Trust Fund, 25.5 percent.
323
2. To the credit of the General Revenue Fund of the state,
324
37 percent.
325
3. For payment to counties in proportion to the number of
326
tons of phosphate rock produced from a phosphate rock matrix
327
located within such political boundary, 13.6 percent. The
328
department shall distribute this portion of the proceeds annually
329
based on production information reported by the producers on the
330
annual returns for the taxable year. Any such proceeds received
331
by a county shall be used only for phosphate-related expenses.
332
4. For payment to counties that have been designated a
333
rural area of critical economic concern pursuant to s. 288.0656
334
in proportion to the number of tons of phosphate rock produced
335
from a phosphate rock matrix located within such political
336
boundary, 10.7 percent. The department shall distribute this
337
portion of the proceeds annually based on production information
338
reported by the producers on the annual returns for the taxable
339
year. Payments under this subparagraph shall be made to the
340
counties unless the Legislature by special act creates a local
341
authority to promote and direct the economic development of the
342
county. If such authority exists, payments shall be made to that
343
authority.
344
5. To the credit of the Nonmandatory Land Reclamation Trust
345
Fund, 6.6 percent.
346
6. To the credit of the Phosphate Research Trust Fund in
347
the Division of Universities of the Department of Education, 6.6
348
percent.
349
(f) For purposes of this section, "phosphate-related
350
expenses" means those expenses that provide for infrastructure or
351
services in support of the phosphate industry, reclamation or
352
restoration of phosphate lands, community infrastructure on such
353
reclaimed lands, and similar expenses directly related to support
354
of the industry.
355
Section 3. Subsection (1) of section 253.002, Florida
356
Statutes, is amended to read:
357
253.002 Department of Environmental Protection, water
358
management districts, and Department of Agriculture and Consumer
359
Services; duties with respect to state lands.--
360
(1) The Department of Environmental Protection shall
361
perform all staff duties and functions related to the
362
acquisition, administration, and disposition of state lands,
363
title to which is or will be vested in the Board of Trustees of
364
the Internal Improvement Trust Fund. However, upon the effective
365
date of rules adopted pursuant to s. 373.427, a water management
366
district created under s. 373.069 shall perform the staff duties
367
and functions related to the review of any application for
368
authorization to use board of trustees-owned submerged lands
369
necessary for an activity regulated under part IV of chapter 373
370
for which the water management district has permitting
371
responsibility as set forth in an operating agreement adopted
372
pursuant to s. 373.046(4); and the Department of Agriculture and
373
Consumer Services shall perform the staff duties and functions
374
related to the review of applications and compliance with
375
conditions for use of board of trustees-owned submerged lands
376
under authorizations or leases issued pursuant to ss. 253.67-
377
253.75 and 597.010. Unless expressly prohibited by law, the board
378
of trustees may delegate to the department any statutory duty or
379
obligation relating to the acquisition, administration, or
380
disposition of lands, title to which is or will be vested in the
381
board of trustees. The board of trustees may also delegate to any
382
water management district created under s. 373.069 the authority
383
to take final agency action, without any action on behalf of the
384
board, on applications for authorization to use board of
385
trustees-owned submerged lands for any activity regulated under
386
part IV of chapter 373 for which the water management district
387
has permitting responsibility as set forth in an operating
388
agreement adopted pursuant to s. 373.046(4). This water
389
management district responsibility under this subsection shall be
390
subject to the department's general supervisory authority
391
pursuant to s. 373.026(7). The board of trustees may also
392
delegate to the Department of Agriculture and Consumer Services
393
the authority to take final agency action on behalf of the board
394
on applications to use board of trustees-owned submerged lands
395
for any activity for which that department has responsibility
396
pursuant to ss. 253.67-253.75 and 597.010. However, the board of
397
trustees shall retain the authority to take final agency action
398
on establishing any areas for leasing, new leases, expanding
399
existing lease areas, or changing the type of lease activity in
400
existing leases. Upon issuance of an aquaculture lease or other
401
real property transaction relating to aquaculture, the Department
402
of Agriculture and Consumer Services must send a copy of the
403
document and the accompanying survey to the Department of
404
Environmental Protection. The board of trustees may also delegate
405
to the Fish and Wildlife Conservation Commission the authority to
406
take final agency action, without any action on behalf of the
407
board, on applications for authorization to use board of
408
trustees-owned submerged lands for any activity regulated under
409
s. 369.20.
410
Section 4. Subsection (15) of section 373.414, Florida
411
Statutes, is amended to read:
412
373.414 Additional criteria for activities in surface
413
waters and wetlands.--
414
(15) Activities associated with mining operations as
415
defined by and subject to ss. 378.201-378.212 and 378.701-378.703
416
and included in a conceptual reclamation plan or modification
417
application submitted prior to July 1, 1996, shall continue to be
418
reviewed under the rules of the department adopted pursuant to
419
ss. 403.91-403.929, 1984 Supplement to the Florida Statutes 1983,
420
as amended, the rules of the water management districts under
421
this part, and interagency agreements, in effect on January 1,
422
1993. Such activities shall be exempt from rules adopted pursuant
423
to subsection (9) and the statewide methodology ratified pursuant
424
to s. 373.4211. As of January 1, 1994, such activities may be
425
issued permits authorizing construction for the life of the mine.
426
Lands added to a conceptual reclamation plan subject to this
427
subsection through a modification submitted after July 1, 1996,
428
which are contiguous to the conceptual reclamation plan area
429
shall be exempt from rules adopted under subsection (9), except
430
that the total acreage of the conceptual reclamation plan may not
431
be increased through such modification and the cumulative acreage
432
added may not exceed 3 percent of the conceptual reclamation plan
433
area. Lands that have been mined or disturbed by mining
434
activities, lands subject to a conservation easement under which
435
the grantee is a state or federal regulatory agency, and lands
436
otherwise preserved as part of a permitting review may not be
437
removed from the conceptual reclamation land area under this
438
subsection.
439
Section 5. Subsection (3) is added to section 378.205,
440
Florida Statutes, to read:
441
378.205 Administration; powers and duties of the
442
department; agency review responsibility.--
443
(3) Administrative challenges to proposed state agency
444
actions regarding phosphate mines and reclamation pursuant to
445
this chapter or part IV of chapter 373 are subject to the summary
446
hearing provisions of s. 120.574, except that the summary
447
proceeding must be conducted within 90 days after a party files a
448
motion for summary hearing, regardless of whether the parties
449
agree to the summary proceeding and the administrative law
450
judge's decision is a recommended order and not a final order.
451
Section 6. Section 369.20, Florida Statutes, is amended to
452
read:
453
369.20 Florida Aquatic Weed Control Act.--
454
(1) This act shall be known as the "Florida Aquatic Weed
455
Control Act."
456
(2) The Fish and Wildlife Conservation Commission
457
Department of Environmental Protection shall direct the control,
458
eradication, and regulation of noxious aquatic weeds and direct
459
the research and planning related to these activities, as
460
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.
464
(3) It shall be the duty of the commission department to
465
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
468
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
471
Conservation Commission.
472
(4) The commission department shall also promote, develop,
473
and support research activities directed toward the more
474
effective and efficient control of aquatic plants. In the
475
furtherance of this purpose, the commission department is
476
authorized to:
477
(a) Accept donations and grants of funds and services from
478
both public and private sources;
479
(b) Contract or enter into agreements with public or
480
private agencies or corporations for research and development of
481
aquatic plant control methods or for the performance of aquatic
482
plant control activities;
483
(c) Construct, acquire, operate, and maintain facilities
484
and equipment; and
485
(d) Enter upon, or authorize the entry upon, private
486
property for purposes of making surveys and examinations and to
487
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.