1

A bill to be entitled

2

An act relating to a review of the Department of

3

Environmental Protection under the Florida Government

4

Accountability Act; reenacting and amending s. 20.255,

5

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

6

renaming the Office of Legislative and Government Affairs

7

as the "Office of Legislative Affairs"; creating the

8

Office of Intergovernmental Programs within the

9

department; renaming the Division of Resource Assessment

10

and Management as the "Division of Environmental

11

Assessment and Restoration"; authorizing the Environmental

12

Regulation Commission to employ independent counsel and

13

contract for outside technical consultants; amending s.

14

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

15

standards and guidelines for landscape irrigation and

16

xeriscape ordinances by a date certain; amending s.

17

376.75, F.S.; requiring a drycleaning facility to be

18

registered with the department and show proof of

19

registration prior to purchasing perchloroethylene for

20

drycleaning purposes; prohibiting the use of

21

perchloroethylene by a drycleaning facility after a

22

specified date; amending s. 403.031, F.S.; conforming the

23

definition of the term "regulated air pollutant" to

24

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

25

403.0872, F.S.; conforming the requirements for air

26

operation permits to changes made to Title V of the Clean

27

Air Act to delete certain minor sources from the Title V

28

permitting requirements; amending s. 373.109, F.S.;

29

requiring the department to initiate rulemaking by a date

30

certain to adjust permit fees; providing for fees to be

31

imposed for verifying that certain activities are exempt

32

from regulation; providing for a fee for conducting

33

informal wetland boundary determinations; specifying

34

special conditions that apply to such determinations;

35

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

36

amounts for certain fees relating to wastewater treatment

37

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

38

public water system application fee; requiring the

39

department to adopt rules for periodically adjusting the

40

application fee; repealing s. 378.011, F.S., relating to

41

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

42

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

43

F.S., relating to motor vehicle air conditioning

44

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

45

citrus juice processing facilities; amending s. 373.503,

46

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

47

Florida Water Management district; providing that the

48

increased millage rate is contingent upon passage of a

49

constitutional amendment; providing an effective date.

50

51

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

52

Government Accountability Act, subjects the Department of

53

Environmental Protection and its respective advisory committees

54

to a sunset review process in order to determine whether the

55

agency should be retained, modified, or abolished, and

56

     WHEREAS, the Department of Environmental Protection

57

produced a report providing specific information, as enumerated

58

in s. 11.906, Florida Statutes, and

59

     WHEREAS, upon receipt of the report, the Joint Legislative

60

Sunset Committee and committees of the Senate and the House of

61

Representatives assigned to act as sunset review committees

62

reviewed the report and requested studies by the Office of

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Program Policy Analysis and Government Accountability, and

64

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

65

Office of Program Policy Analysis and Government

66

Accountability, and public input, the Joint Legislative Sunset

67

Committee and legislative sunset review committees made

68

recommendations on the abolition, continuation, or

69

reorganization of the Department of Environmental Protection

70

and its advisory committees; on the need for the functions

71

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

72

consolidation, transfer, or reorganization of programs within

73

the Department of Environmental Protection, NOW, THEREFORE,

74

75

Be It Enacted by the Legislature of the State of Florida:

76

77

     Section 1.  Section 20.255, Florida Statutes, is reenacted

78

and amended to read:

79

     20.255  Department of Environmental Protection.--There is

80

created a Department of Environmental Protection.

81

     (1)  The head of the Department of Environmental Protection

82

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

83

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

84

secretary shall be confirmed by the Florida Senate. The secretary

85

shall serve at the pleasure of the Governor.

86

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

87

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

88

The secretary may assign any deputy secretary the responsibility

89

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

90

office, or district. The following special offices are

91

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

92

appointed by and serve at the pleasure of the secretary:

93

     1. Office of Chief of Staff;,

94

     2. Office of General Counsel;,

95

     3. Office of Inspector General;,

96

     4. Office of External Affairs;,

97

     5. Office of Legislative and Government Affairs;, and

98

     6. Office of Intergovernmental Programs; and

99

     7.6. Office of Greenways and Trails.

100

     (b)  There shall be six administrative districts involved in

101

regulatory matters of waste management, water resource

102

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

103

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

104

pleasure of the secretary. Divisions of the department may have

105

one assistant or two deputy division directors, as required to

106

facilitate effective operation.

107

108

The managers of all divisions and offices specifically named in

109

this section and the directors of the six administrative

110

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

111

in the Senior Management Service in accordance with s.

112

110.205(2)(j).

113

     (3)  The following divisions of the Department of

114

Environmental Protection are established:

115

     (a)  Division of Administrative Services.

116

     (b)  Division of Air Resource Management.

117

     (c)  Division of Water Resource Management.

118

     (d)  Division of Law Enforcement.

119

     (e) Division of Environmental Assessment and Restoration

120

Resource Assessment and Management.

121

     (f)  Division of Waste Management.

122

     (g)  Division of Recreation and Parks.

123

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

124

appointed by the secretary of the department, subject to

125

confirmation by the Governor and Cabinet sitting as the Board of

126

Trustees of the Internal Improvement Trust Fund.

127

128

In order to ensure statewide and intradepartmental consistency,

129

the department's divisions shall direct the district offices and

130

bureaus on matters of interpretation and applicability of the

131

department's rules and programs.

132

     (4)  Law enforcement officers of the Department of

133

Environmental Protection who meet the provisions of s. 943.13 are

134

constituted law enforcement officers of this state with full

135

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

136

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

137

Trustees of the Internal Improvement Trust Fund. The general laws

138

applicable to investigations, searches, and arrests by peace

139

officers of this state apply to such law enforcement officers.

140

     (5)  Records and documents of the Department of

141

Environmental Protection shall be retained by the department as

142

specified in record retention schedules established under the

143

general provisions of chapters 119 and 257. Further, the

144

department is authorized to:

145

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

146

documents in conformity with the approved retention schedules.

147

     (b)  Photograph, microphotograph, or reproduce such records

148

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

149

retention schedules, whereby each page will be exposed in exact

150

conformity with the original records and documents retained in

151

compliance with the provisions of this section. Photographs or

152

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

153

made in compliance with the provisions of this section, shall

154

have the same force and effect as the originals thereof would

155

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

156

admissibility in evidence. Duly certified or authenticated

157

reproductions of such photographs or microphotographs shall be

158

admitted in evidence equally with the original photographs or

159

microphotographs. The impression of the seal of the Department of

160

Environmental Protection on a certificate made by the department

161

and signed by the Secretary of Environmental Protection entitles

162

the certificate to be received in all courts and in all

163

proceedings in this state and is prima facie evidence of all

164

factual matters set forth in the certificate. A certificate may

165

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

166

in a schedule attached to the certificate.

167

     (6)  The Department of Environmental Protection may require

168

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

169

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

170

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

171

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

172

approved by the department, conditioned upon the faithful

173

performance of the duties of the employee.

174

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

175

Environmental Protection an Environmental Regulation Commission.

176

The commission shall be composed of seven residents of this state

177

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

178

In making appointments, the Governor shall provide reasonable

179

representation from all sections of the state. Membership shall

180

be representative of agriculture, the development industry, local

181

government, the environmental community, lay citizens, and

182

members of the scientific and technical community who have

183

substantial expertise in the areas of the fate and transport of

184

water pollutants, toxicology, epidemiology, geology, biology,

185

environmental sciences, or engineering. The Governor shall

186

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

187

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

188

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

189

The members of the commission shall serve without compensation,

190

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

191

while in the performance of their official duties.

192

Administrative, personnel, and other support services necessary

193

for the commission shall be furnished by the department. The

194

commission may employ independent counsel and contract for the

195

services of outside technical consultants.

196

     (8)  The department is the agency of state government

197

responsible for collecting and analyzing information concerning

198

energy resources in this state; for coordinating the energy

199

conservation programs of state agencies; and for coordinating the

200

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

201

policy.

202

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

203

read:

204

     373.228  Landscape irrigation design.--

205

     (1)  The Legislature finds that multiple areas throughout

206

the state have been identified by water management districts as

207

water resource caution areas, which indicates that in the near

208

future water demand in those areas will exceed the current

209

available water supply and that conservation is one of the

210

mechanisms by which future water demand will be met.

211

     (2)  The Legislature finds that landscape irrigation

212

comprises a significant portion of water use and that the current

213

typical landscape irrigation system and xeriscape designs offer

214

significant potential water conservation benefits.

215

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

216

landscape irrigation water use efficiency by ensuring that

217

landscape irrigation systems meet or exceed minimum design

218

criteria.

219

     (4)  The water management districts shall work with the

220

Florida Nurserymen and Growers Association, the Florida Chapter

221

of the American Society of Landscape Architects, the Florida

222

Irrigation Society, the Department of Agriculture and Consumer

223

Services, the Institute of Food and Agricultural Sciences, the

224

Department of Environmental Protection, the Department of

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Transportation, the Florida League of Cities, the Florida

226

Association of Counties, and the Florida Association of Community

227

Developers to develop landscape irrigation and xeriscape design

228

standards for new construction which incorporate a landscape

229

irrigation system and develop scientifically based model

230

guidelines for urban, commercial, and residential landscape

231

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

232

and other landscaping. The landscape and irrigation design

233

standards shall be based on the irrigation code defined in the

234

Florida Building Code, Plumbing Volume, Appendix F. Local

235

governments shall use the standards and guidelines when

236

developing landscape irrigation and xeriscape ordinances. By

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

238

specified in this subsection shall review the standards and

239

guidelines to determine whether new research findings require a

240

change or modification of the standards and guidelines.

241

     Section 3.  Section 376.75, Florida Statutes, is amended to

242

read:

243

     376.75  Tax on production or importation of

244

perchloroethylene.--

245

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

246

levied on the sale of perchloroethylene (tetrachloroethylene) in

247

this state to a drycleaning facility located in this state or the

248

import of perchloroethylene into this state by a drycleaning

249

facility. A drycleaning facility must be registered with the

250

Department of Environmental Protection and must show proof of

251

such registration prior to purchasing any drycleaning solvents.

252

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

253

212.

254

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

255

be imported into, or selling in, this state perchloroethylene

256

must register with the Department of Revenue and become licensed

257

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

258

information required by, this section. Such person must register

259

as a seller of perchloroethylene, a user of perchloroethylene in

260

drycleaning facilities, or a user of perchloroethylene for

261

purposes other than drycleaning. Persons operating at more than

262

one location are only required to have a single registration. The

263

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

264

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

265

775.082 or s. 775.083.

266

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

267

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

268

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

269

forms and in the manner prescribed by the Department of Revenue

270

by rule.

271

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

272

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

273

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

274

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

275

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

276

the tax required pursuant to this section has been paid.

277

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

278

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

279

section. Any person who has purchased perchloroethylene for use

280

in such person's drycleaning facility in this state must document

281

that the tax imposed by this section has been paid or must pay

282

such tax directly to the Department of Revenue in accordance with

283

subsection (3).

284

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

285

perchloroethylene is not sold or transferred to a drycleaning

286

facility for eventual use in a drycleaning facility in this

287

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

288

perjury by a transferee of the perchloroethylene stating that the

289

transferee does not own or operate a drycleaning facility or the

290

transferee will not use the perchloroethylene in a drycleaning

291

facility in this state. Any producer, importer, seller, or other

292

transferor of perchloroethylene who is required to register in

293

accordance with subsection (2) but who does not make any taxable

294

sales or taxable transfers during a year shall file with the

295

Department of Revenue a form containing the quantity of

296

perchloroethylene sold or transferred, a statement indicating

297

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

298

as the Department of Revenue may prescribe.

299

     (7)  The Department of Revenue may authorize a quarterly

300

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

301

preceding quarter did not exceed $100; may authorize a semiannual

302

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

303

preceding 6 months did not exceed $200; and may authorize an

304

annual return and payment when the tax remitted by the licensee

305

for the preceding 12 months did not exceed $400.

306

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

307

the Department of Revenue. The payment shall be accompanied by

308

such forms as the Department of Revenue prescribes. The proceeds

309

of the tax, after deducting the administrative costs incurred by

310

the Department of Revenue in administering, auditing, collecting,

311

distributing, and enforcing the tax, shall be transferred by the

312

Department of Revenue into the Water Quality Assurance Trust Fund

313

and shall be used as provided in s. 376.3078. For the purposes of

314

this section, the proceeds of the tax include all funds collected

315

and received by the Department of Revenue, including interest and

316

penalties on delinquent taxes.

317

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

318

and enforce the tax authorized under this section pursuant to the

319

same procedures used in the administration, collection, and

320

enforcement of the general state sales tax imposed under chapter

321

212, except as provided in this section. The provisions of

322

chapter 212 regarding the authority to audit and make

323

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

324

penalties on delinquent taxes shall apply. The tax shall not be

325

included in the computation of estimated taxes pursuant to s.

326

212.11, nor shall the dealer's credit for collecting taxes or

327

fees in s. 212.12 apply to the tax. The provisions of s.

328

212.07(4) shall not apply to the tax imposed by this section.

329

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

330

of the Public Employees Relations Commission, is authorized to

331

employ persons and incur other expenses for which funds are

332

appropriated by the Legislature. The Department of Revenue is

333

empowered to adopt such rules and shall prescribe and publish

334

such forms as may be necessary to effectuate the purposes of this

335

section.

336

     (c)  The Department of Revenue is authorized to establish

337

audit procedures and to assess delinquent taxes.

338

     (10)  The Legislature declares that the failure to promptly

339

implement the provisions of this section would present an

340

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

341

executive director of the Department of Revenue is authorized to

342

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

343

section. Notwithstanding any other provision of law, such

344

emergency rules shall remain effective for 180 days from the date

345

of adoption. Other rules of the Department of Revenue related to

346

and in furtherance of the orderly implementation of this section

347

shall not be subject to a s. 120.56(2) rule challenge or a s.

348

120.54(3)(c)2. drawout proceeding, but, once adopted, shall be

349

subject to a s. 120.56(3) invalidity challenge. Such rules shall

350

be adopted by the Governor and Cabinet and shall become effective

351

upon filing with the Department of State, notwithstanding the

352

provisions of s. 120.54(3)(e)6.

353

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

354

exported from this state or acquired for purposes other than use

355

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

356

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

357

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

358

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

359

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

360

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

361

approved.

362

     (12)  Any drycleaning facility which includes in the total

363

retail charge to a consumer of drycleaning services any portion

364

of the tax imposed pursuant to this section shall disclose on the

365

receipt for the amount charged for such services the amount of

366

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

367

requested by the Florida Dry Cleaners Coalition.

368

     (13) The use of perchloroethyene by a drycleaning facility

369

is prohibited in this state after January 1, 2015.

370

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

371

Statutes, is amended to read:

372

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

373

and regulations adopted pursuant hereto, the following words,

374

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

375

the following meanings:

376

     (19) "Regulated air pollutant" means any pollutant

377

regulated under the federal Clean Air Act.:

378

     (a) Nitrogen oxides or any volatile organic compound;

379

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

380

7412; or

381

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

382

quality standard has been adopted.

383

     Section 5.  Subsection (1) of section 403.0872, Florida

384

Statutes, is amended to read:

385

     403.0872  Operation permits for major sources of air

386

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

387

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

388

the United States Environmental Protection Agency, beginning

389

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

390

electrical power plants certified under s. 403.511, must obtain

391

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

392

pollution under this section. This operation permit is the only

393

department operation permit for a major source of air pollution

394

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

395

the department shall issue a separate acid rain permit for a

396

major source of air pollution that is an affected source within

397

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

398

sources of air pollution, except general permits issued pursuant

399

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

400

contained in this section and in accordance with chapter 120;

401

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

402

provisions of this section, the procedures contained in this

403

section prevail.

404

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

405

pollution means a stationary source of air pollution, or any

406

group of stationary sources within a contiguous area and under

407

common control, which emits any regulated air pollutant and which

408

is any of the following:

409

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

410

7412(a)(1);

411

     (b)  A major stationary source or major emitting facility

412

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

413

subchapter I, part C or part D;

414

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

415

7651a(1);

416

     (d)  An air pollution source subject to standards or

417

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

418

source is not a major source solely because of its regulation

419

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

420

     (e)  A stationary air pollution source belonging to a

421

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

422

adopted by the administrator of the United States Environmental

423

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

424

shall exempt those facilities that are subject to this section

425

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

426

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

427

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

428

exemption is available under federal law.

429

     Section 6.  Section 373.109, Florida Statutes, is amended to

430

read:

431

     373.109  Permit application fees.--When a water management

432

district governing board, the department, or a local government

433

implements a regulatory system under this chapter or one which

434

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

435

schedule of fees for filing applications for the required

436

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

437

department, or the local government for processing, monitoring,

438

and inspecting for compliance with the permit.

439

     (1) Except for the fees established in subsections (2) and

440

(3), the department shall initiate rulemaking by July 1, 2008, to

441

increase each application fee authorized under part IV of this

442

chapter and adopted by rule to ensure that such fees are

443

increased to reflect, at a minimum, any upward adjustment in the

444

Consumer Price Index compiled by the United States Department of

445

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

446

established or most recently revised. The department shall

447

establish by rule the inflation index to be used for this

448

purpose. The department shall review the fees authorized under

449

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

450

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

451

Consumer Price Index or similar inflation indicator. In the event

452

of deflation, the department shall consult with the Executive

453

Office of the Governor and the Legislature to determine whether

454

downward fee adjustments are appropriate based on the current

455

budget and appropriation considerations.

456

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

457

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

458

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

459

established by department rule, not to exceed $500.

460

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

461

not more than $500 for conducting informal wetland boundary

462

determinations as a public service to applicants or potential

463

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

464

wetland boundary determination is not an application for a

465

permit, is not subject to the permit review timeframes

466

established in this chapter or chapter 120, and does not

467

constitute final agency action.

468

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

469

section shall be allocated for the use of the water management

470

district, the department, or the local government, whichever

471

processed the permit, and shall be in addition to moneys

472

otherwise appropriated in any general appropriation act. All

473

moneys received by the department under the provisions of this

474

section shall be deposited in the Florida Permit Fee Trust Fund

475

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

476

provided therein. Moneys received by a water management district

477

or the department under the provisions of this section shall be

478

in addition to moneys otherwise appropriated in any general

479

appropriation act.

480

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

481

established hereunder constitutes grounds for revocation or

482

denial of the permit.

483

     Section 7.  Section 403.087, Florida Statutes, is amended to

484

read:

485

     403.087  Permits; general issuance; denial; revocation;

486

prohibition; penalty.--

487

     (1)  A stationary installation that is reasonably expected

488

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

489

maintained, constructed, expanded, or modified without an

490

appropriate and currently valid permit issued by the department,

491

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

492

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

493

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

494

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

495

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

496

the department in accordance with this chapter and the rules of

497

the department.

498

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

499

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

500

permits under this section.

501

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

502

wastewater treatment facility other than a facility regulated

503

under the National Pollutant Discharge Elimination System (NPDES)

504

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

505

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

506

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

507

with a financial incentive, if:

508

     (a)  The waters from the treatment facility are not

509

discharged to Class I municipal injection wells or the treatment

510

facility is not required to comply with the federal standards

511

under the Underground Injection Control Program under chapter 62-

512

528 of the Florida Administrative Code;

513

     (b)  The treatment facility is not operating under a

514

temporary operating permit or a permit with an accompanying

515

administrative order and does not have any enforcement action

516

pending against it by the United States Environmental Protection

517

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

518

403.182;

519

     (c)  The treatment facility has operated under an operation

520

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

521

generally operated in conformance with the limits of permitted

522

flows and other conditions specified in the permit;

523

     (d)  The department has reviewed the discharge-monitoring

524

reports required under department rule and is satisfied that the

525

reports are accurate;

526

     (e)  The treatment facility has generally met water quality

527

standards in the preceding 2 years, except for violations

528

attributable to events beyond the control of the treatment plant

529

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

530

or other abnormal events that could not reasonably be expected to

531

occur; and

532

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

533

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

534

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

535

the facility that it is not exceeding the permitted capacity and

536

is in substantial compliance.

537

538

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

539

permits applied for and the number and duration of permits issued

540

for longer than 5 years.

541

     (4)  The department shall issue permits on such conditions

542

as are necessary to effect the intent and purposes of this

543

section.

544

     (5)  The department shall issue permits to construct,

545

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

546

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

547

determines that the installation is provided or equipped with

548

pollution control facilities that will abate or prevent pollution

549

to the degree that will comply with the standards or rules

550

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

551

403.0872. However, separate construction permits shall not be

552

required for installations permitted under s. 403.0885, except

553

that the department may require an owner or operator proposing to

554

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

555

department review, as part of application for permit or permit

556

modification, engineering plans, preliminary design reports, or

557

other information 90 days prior to commencing construction. The

558

department may also require the engineer of record or another

559

registered professional engineer, within 30 days after

560

construction is complete, to certify that the construction was

561

completed in accordance with the plans submitted to the

562

department, noting minor deviations which were necessary because

563

of site-specific conditions.

564

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

565

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

566

costs of reviewing and acting upon any application for a permit

567

or request for site-specific alternative criteria or for an

568

exemption from water quality criteria and to cover the costs of

569

surveillance and other field services and related support

570

activities associated with any permit or plan approval issued

571

pursuant to this chapter. The department shall review the fees

572

authorized under this chapter at least once every 5 years and

573

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

574

established in this paragraph to reflect changes in the Consumer

575

Price Index or similar inflation indicator. The department shall

576

establish by rule the inflation index to be used for this

577

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

578

with the Executive Office of the Governor and the Legislature to

579

determine whether downward fee adjustments are appropriate based

580

on the current budget and appropriation considerations. However,

581

when an application is received without the required fee, the

582

department shall acknowledge receipt of the application and shall

583

immediately return the unprocessed application to the applicant

584

and shall take no further action until the application is

585

received with the appropriate fee. The department shall adopt a

586

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

587

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

588

     a.  Hazardous waste, construction permit.

589

     b.  Hazardous waste, operation permit.

590

     c.  Hazardous waste, postclosure permit, or clean closure

591

plan approval.

592

     d.  Hazardous waste, corrective action permit.

593

     2. The permit fee for a drinking water construction or

594

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

595

$15,000.

596

     3.2. The permit fee for a Class I injection well

597

construction permit may not exceed $12,500.

598

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

599

not exceed $10,000:

600

     a.  Solid waste, construction permit.

601

     b.  Solid waste, operation permit.

602

     c.  Class I injection well, operation permit.

603

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

604

not exceed $7,500:

605

     a.  Air pollution, construction permit.

606

     b.  Solid waste, closure permit.

607

     c. Drinking water, construction or operation permit, not

608

including the operation license fee required under s. 403.861(7).

609

     d.  Domestic waste residuals, construction or operation

610

permit.

611

     e.  Industrial waste, operation permit.

612

     f.  Industrial waste, construction permit.

613

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

614

not exceed $5,000:

615

     a.  Domestic waste, operation permit.

616

     b.  Domestic waste, construction permit.

617

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

618

not exceed $4,000:

619

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

620

mangrove alteration), standard form permit.

621

     b.  Hazardous waste, research and development permit.

622

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

623

to s. 403.0872.

624

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

625

abandonment permits.

626

     8. The permit fee for a drinking water distribution system

627

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

628

     9.7. The permit fee for Class V injection wells,

629

construction, operation, and abandonment permits may not exceed

630

$750.

631

     10.8. The permit fee for domestic waste collection system

632

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

633

     a. Domestic waste, collection system permits.

634

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

635

mangrove alterations), short permit form.

636

     c. Drinking water, distribution system permit.

637

     11.9. The permit fee for stormwater operation permits may

638

not exceed $100.

639

     12.10. The general permit fees for permits that require

640

certification by a registered professional engineer or

641

professional geologist may not exceed $500. The general permit

642

fee for other permit types may not exceed $100.

643

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

644

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

645

requested by the applicant is $1,000.

646

     14.12. The regulatory program and surveillance fees for

647

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

648

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

649

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

650

department has been granted administrative authority, shall be

651

limited as follows:

652

     a.  The fees for domestic wastewater facilities shall not

653

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

654

scale of fees based on the permitted capacity and shall ensure

655

smaller domestic waste dischargers do not bear an inordinate

656

share of costs of the program.

657

     b.  The annual fees for industrial waste facilities shall

658

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

659

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

660

the industrial waste discharge and shall ensure smaller

661

industrial waste dischargers do not bear an inordinate share of

662

costs of the program.

663

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

664

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

665

review required for permit modification or construction

666

engineering plans.

667

     (b)  If substantially similar air pollution sources are to

668

be constructed or modified at the same facility, the applicant

669

may submit a single application and permit fee for construction

670

or modification of the sources at that facility. If substantially

671

similar air pollution sources located at the same facility do not

672

constitute a major source of air pollution subject to permitting

673

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

674

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

675

may develop, by rule, criteria for determining what constitutes

676

substantially similar sources.

677

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

678

of each fee shall be reasonably related to the costs of

679

permitting, field services, and related support activities for

680

the particular permitting activity taking into consideration

681

consistently applied standard cost-accounting principles and

682

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

683

permit condition, that a permit be renewed more frequently than

684

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

685

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

686

     (d)  Nothing in this subsection authorizes the construction

687

or expansion of any stationary installation except to the extent

688

specifically authorized by department permit or rule.

689

     (e)  For all domestic waste collection system permits and

690

drinking water distribution system permits, the department shall

691

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

692

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

693

dwelling units, or any combination of these factors. The

694

department shall require a separate permit application and fee

695

for each noncontiguous project within the system.

696

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

697

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

698

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

699

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

700

her application;

701

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

702

regulations, or permit conditions;

703

     (c)  Has failed to submit operational reports or other

704

information required by department rule or regulation; or

705

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

706

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

707

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

708

activity relating to the extraction of solid minerals not exempt

709

pursuant to chapter 211 within any state or national park or

710

state or national forest when the activity will degrade the

711

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

712

within those areas. In the event the Federal Government prohibits

713

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

714

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

715

shall not apply to those federal lands.

716

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

717

in this chapter.

718

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

719

Florida Statutes, are amended to read:

720

     403.861  Department; powers and duties.--The department

721

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

722

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

723

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

724

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

725

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

726

served by the system, including issuance of an annual operation

727

license.

728

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

729

public water system based upon review of a preliminary design

730

report or plans and specifications, and a completed permit

731

application form, and other required information as set forth in

732

department rule, including receipt of an appropriate fee. The

733

department may

734

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

735

costs of viewing and acting upon any application for the

736

construction and operation of a public water supply system and

737

the costs of surveillance and other field services associated

738

with any permit issued, but the amount shall be at least $500 and

739

may not exceed $15,000 in no case shall exceed $7,500. The fee

740

schedule shall be adopted by rule based on a sliding scale

741

relating to the size, type of treatment, or population served by

742

the system that is proposed by the applicant.

743

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

744

shall submit annually to the department an operation license fee,

745

separate from and in addition to any permit application fees

746

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

747

department rule. The amount of each fee shall be reasonably

748

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

749

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

750

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

751

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

752

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

753

department rule.

754

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

755

increase each drinking water permit application fee authorized

756

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

757

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

758

adjustment in the Consumer Price Index compiled by the United

759

States Department of Labor, or similar inflation indicator, since

760

the original fee was established or most recently revised. The

761

department shall establish by rule the inflation index to be used

762

for this purpose. The department shall review the drinking water

763

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

764

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

765

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

766

reflect changes in the Consumer Price Index or similar inflation

767

indicator. In the event of deflation, the department shall

768

consult with the Executive Office of the Governor and the

769

Legislature to determine whether downward fee adjustments are

770

appropriate based on the current budget and appropriation

771

considerations. The department shall also review the drinking

772

water operation license fees established pursuant to paragraph

773

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

774

same inflationary adjustments provided for in this subsection.

775

     Section 9. Section 378.011, Florida Statutes, is repealed.

776

     Section 10. Chapter 325, Florida Statutes, consisting of

777

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

778

repealed.

779

     Section 11. Section 403.08725, Florida Statutes, is

780

repealed.

781

     Section 12.  Paragraph (a) of subsection (3) of section

782

373.503, Florida Statutes, is amended to read:

783

     373.503  Manner of taxation.--

784

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

785

within the district solely for the purposes of this chapter and

786

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

787

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

788

valorem taxes as provided in this act shall commence with the

789

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

790

boards pursuant to this section shall be prorated to ensure that

791

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

792

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

793

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

794

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

795

each governing board may be separated by the governing board into

796

a millage necessary for the purposes of the district and a

797

millage necessary for financing basin functions specified in s.

798

373.0695. Beginning with the taxing year 1977, and

799

notwithstanding the provisions of any other general or special

800

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

801

and basin purposes shall be:

802

     1. Northwest Florida Water Management District: 0.2 0.05

803

mill.

804

     2.  Suwannee River Water Management District: 0.75 mill.

805

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

806

     4.  Southwest Florida Water Management District: 1.0 mill.

807

     5.  South Florida Water Management District: 0.80 mill.

808

     Section 13. The amendment to paragraph (a) of subsection

809

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

810

effect on the same date that the amendment to the State

811

Constitution proposed in Senate Joint Resolution or similar

812

legislation takes effect, if such Joint Resolution is enacted

813

during the 2008 Regular Session of the Legislature or an

814

extension thereof and is submitted to the electors of this state

815

for their approval or rejection at the general election to be

816

held in November 2008.

817

     Section 14.  This act shall take effect upon becoming a law.