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

211.3103, F.S.; creating a surcharge on the severance of

15

phosphate rock; providing an exemption from general

16

revenue surcharge; providing for the expiration of the

17

surcharge; amending s. 373.228, F.S.; requiring that

18

certain entities review the standards and guidelines for

19

landscape irrigation and xeriscape ordinances by a date

20

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

21

drycleaning facility to display a current and valid

22

Department of environmental Protection certificate of

23

registration; prohibiting the sale or transfer of

24

drycleaning solvents after a certain date to owners or

25

operators of drycleaning facilities unless a registration

26

certificate is displayed; providing penalties; amend s.

27

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

28

"regulated air pollutant" to changes made in the federal

29

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

30

rulemaking authority for biological sampling techniques;

31

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

32

for air operation permits to changes made to Title V of

33

the Clean Air Act to delete certain minor sources from the

34

Title V permitting requirements; amending s. 373.109,

35

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

36

date certain to adjust permit fees; providing for fees to

37

be imposed for verifying that certain activities are

38

exempt from regulation; providing for a fee for conducting

39

informal wetland boundary determinations; specifying

40

special conditions that apply to such determinations;

41

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

42

amounts for certain fees relating to wastewater treatment

43

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

44

public water system application fee; requiring the

45

department to adopt rules for periodically adjusting the

46

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

47

rulemaking authority for continuing education requirements

48

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

49

providing for the reinstatement of certain water utility

50

operator certifications; repealing s. 378.011, F.S.,

51

relating to the Land Use Advisory Committee; repealing ch.

52

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

53

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

54

conditioning refrigerants; repealing s. 403.08725, F.S.,

55

relating to citrus juice processing facilities; amending

56

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

57

Northwest Florida Water Management district; providing

58

that the increased millage rate is contingent upon passage

59

of a constitutional amendment; providing conditional

60

authorization for the Northwest Florida Water Management

61

District to adjust its millage rate, to conform; providing

62

an effective date.

63

64

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

65

Government Accountability Act, subjects the Department of

66

Environmental Protection and its respective advisory committees

67

to a sunset review process in order to determine whether the

68

agency should be retained, modified, or abolished, and

69

     WHEREAS, the Department of Environmental Protection

70

produced a report providing specific information, as enumerated

71

in s. 11.906, Florida Statutes, and

72

     WHEREAS, upon receipt of the report, the Joint Legislative

73

Sunset Committee and committees of the Senate and the House of

74

Representatives assigned to act as sunset review committees

75

reviewed the report and requested studies by the Office of

76

Program Policy Analysis and Government Accountability, and

77

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

78

Office of Program Policy Analysis and Government

79

Accountability, and public input, the Joint Legislative Sunset

80

Committee and legislative sunset review committees made

81

recommendations on the abolition, continuation, or

82

reorganization of the Department of Environmental Protection

83

and its advisory committees; on the need for the functions

84

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

85

consolidation, transfer, or reorganization of programs within

86

the Department of Environmental Protection, NOW, THEREFORE,

87

88

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

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90

     Section 1.  Section 20.255, Florida Statutes, is reenacted

91

and amended to read:

92

     20.255  Department of Environmental Protection.--There is

93

created a Department of Environmental Protection.

94

     (1)  The head of the Department of Environmental Protection

95

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

96

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

97

secretary shall be confirmed by the Florida Senate. The secretary

98

shall serve at the pleasure of the Governor.

99

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

100

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

101

The secretary may assign any deputy secretary the responsibility

102

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

103

office, or district. The following special offices are

104

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

105

appointed by and serve at the pleasure of the secretary:

106

     1. Office of Chief of Staff;,

107

     2. Office of General Counsel;,

108

     3. Office of Inspector General;,

109

     4. Office of External Affairs;,

110

     5. Office of Legislative and Government Affairs;, and

111

     6. Office of Intergovernmental Programs; and

112

     7.6. Office of Greenways and Trails.

113

     (b)  There shall be six administrative districts involved in

114

regulatory matters of waste management, water resource

115

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

116

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

117

pleasure of the secretary. Divisions of the department may have

118

one assistant or two deputy division directors, as required to

119

facilitate effective operation.

120

121

The managers of all divisions and offices specifically named in

122

this section and the directors of the six administrative

123

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

124

in the Senior Management Service in accordance with s.

125

110.205(2)(j).

126

     (3)  The following divisions of the Department of

127

Environmental Protection are established:

128

     (a)  Division of Administrative Services.

129

     (b)  Division of Air Resource Management.

130

     (c)  Division of Water Resource Management.

131

     (d)  Division of Law Enforcement.

132

     (e) Division of Environmental Assessment and Restoration

133

Resource Assessment and Management.

134

     (f)  Division of Waste Management.

135

     (g)  Division of Recreation and Parks.

136

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

137

appointed by the secretary of the department, subject to

138

confirmation by the Governor and Cabinet sitting as the Board of

139

Trustees of the Internal Improvement Trust Fund.

140

141

In order to ensure statewide and intradepartmental consistency,

142

the department's divisions shall direct the district offices and

143

bureaus on matters of interpretation and applicability of the

144

department's rules and programs.

145

     (4)  Law enforcement officers of the Department of

146

Environmental Protection who meet the provisions of s. 943.13 are

147

constituted law enforcement officers of this state with full

148

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

149

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

150

Trustees of the Internal Improvement Trust Fund. The general laws

151

applicable to investigations, searches, and arrests by peace

152

officers of this state apply to such law enforcement officers.

153

     (5)  Records and documents of the Department of

154

Environmental Protection shall be retained by the department as

155

specified in record retention schedules established under the

156

general provisions of chapters 119 and 257. Further, the

157

department is authorized to:

158

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

159

documents in conformity with the approved retention schedules.

160

     (b)  Photograph, microphotograph, or reproduce such records

161

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

162

retention schedules, whereby each page will be exposed in exact

163

conformity with the original records and documents retained in

164

compliance with the provisions of this section. Photographs or

165

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

166

made in compliance with the provisions of this section, shall

167

have the same force and effect as the originals thereof would

168

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

169

admissibility in evidence. Duly certified or authenticated

170

reproductions of such photographs or microphotographs shall be

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admitted in evidence equally with the original photographs or

172

microphotographs. The impression of the seal of the Department of

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Environmental Protection on a certificate made by the department

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and signed by the Secretary of Environmental Protection entitles

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the certificate to be received in all courts and in all

176

proceedings in this state and is prima facie evidence of all

177

factual matters set forth in the certificate. A certificate may

178

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

179

in a schedule attached to the certificate.

180

     (6)  The Department of Environmental Protection may require

181

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

182

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

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

184

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

185

approved by the department, conditioned upon the faithful

186

performance of the duties of the employee.

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

188

Environmental Protection an Environmental Regulation Commission.

189

The commission shall be composed of seven residents of this state

190

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

191

In making appointments, the Governor shall provide reasonable

192

representation from all sections of the state. Membership shall

193

be representative of agriculture, the development industry, local

194

government, the environmental community, lay citizens, and

195

members of the scientific and technical community who have

196

substantial expertise in the areas of the fate and transport of

197

water pollutants, toxicology, epidemiology, geology, biology,

198

environmental sciences, or engineering. The Governor shall

199

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

200

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

201

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

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The members of the commission shall serve without compensation,

203

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

204

while in the performance of their official duties.

205

Administrative, personnel, and other support services necessary

206

for the commission shall be furnished by the department. The

207

commission may employ independent counsel and contract for the

208

services of outside technical consultants.

209

     (8)  The department is the agency of state government

210

responsible for collecting and analyzing information concerning

211

energy resources in this state; for coordinating the energy

212

conservation programs of state agencies; and for coordinating the

213

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

214

policy.

215

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

216

Florida Statutes, to read:

217

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

218

basis, and distribution of tax.--

219

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

220

per ton severed on the excise tax levied by this section.

221

Revenues derived from the surcharge shall be deposited into the

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Nonmandatory Land Reclamation Trust Fund and are exempt from the

223

distribution formula provided in this section and are also exempt

224

from the general revenue service charge. Revenues derived from

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the surcharge shall be used to augment funds appropriated for the

226

rehabilitation, management, and closure of the Piney Point and

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Mulberry sites and for approved reclamation of nonmandatory lands

228

in accordance with chapter 378.

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     (a) The surcharge shall be levied as follows:

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     1. One dollar per ton severed for July 1, 2008, to December

231

31, 2009.

232

     2. Seventy cents per ton severed for January 1, 2010, to

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December 31, 2010.

234

     3. Fifty-five cents per ton severed for January 1, 2011, to

235

December 31, 2011.

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     4. Eighteen cents per ton severed for January 1, 2012, to

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December 31, 2013.

238

     5. Seventeen cents per ton severed for January 1, 2014, to

239

December 31, 2015.

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     6. Sixteen cents per ton severed for January 1, 2016, to

241

June 30, 2018.

242

     (b) Beginning July 1, 2018, the surcharge authorized by

243

this subsection shall no longer be levied.

244

     Section 3.  Section 373.228, Florida Statutes, is amended to

245

read:

246

     373.228  Landscape irrigation design.--

247

     (1)  The Legislature finds that multiple areas throughout

248

the state have been identified by water management districts as

249

water resource caution areas, which indicates that in the near

250

future water demand in those areas will exceed the current

251

available water supply and that conservation is one of the

252

mechanisms by which future water demand will be met.

253

     (2)  The Legislature finds that landscape irrigation

254

comprises a significant portion of water use and that the current

255

typical landscape irrigation system and xeriscape designs offer

256

significant potential water conservation benefits.

257

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

258

landscape irrigation water use efficiency by ensuring that

259

landscape irrigation systems meet or exceed minimum design

260

criteria.

261

     (4)  The water management districts shall work with the

262

Florida Nurserymen and Growers Association, the Florida Chapter

263

of the American Society of Landscape Architects, the Florida

264

Irrigation Society, the Department of Agriculture and Consumer

265

Services, the Institute of Food and Agricultural Sciences, the

266

Department of Environmental Protection, the Department of

267

Transportation, the Florida League of Cities, the Florida

268

Association of Counties, and the Florida Association of Community

269

Developers to develop landscape irrigation and xeriscape design

270

standards for new construction which incorporate a landscape

271

irrigation system and develop scientifically based model

272

guidelines for urban, commercial, and residential landscape

273

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

274

and other landscaping. The landscape and irrigation design

275

standards shall be based on the irrigation code defined in the

276

Florida Building Code, Plumbing Volume, Appendix F. Local

277

governments shall use the standards and guidelines when

278

developing landscape irrigation and xeriscape ordinances. By

279

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

280

specified in this subsection shall review the standards and

281

guidelines to determine whether new research findings require a

282

change or modification of the standards and guidelines.

283

     Section 4.  Paragraph (d) of subsection (1) of section

284

376.303, Florida Statutes, is amended to read:

285

     376.303  Powers and duties of the Department of

286

Environmental Protection.--

287

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

288

     (d)  Establish a registration program for drycleaning

289

facilities and wholesale supply facilities.

290

     1.  Owners or operators of drycleaning facilities and

291

wholesale supply facilities and real property owners shall

292

jointly register each facility owned and in operation with the

293

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

294

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

295

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

296

this subsection. If the registration form cannot be jointly

297

submitted, then the applicant shall provide notice of the

298

registration to other interested parties. The department shall

299

establish reasonable requirements for the registration of such

300

facilities. The department shall use reasonable efforts to

301

identify and notify drycleaning facilities and wholesale supply

302

facilities of the registration requirements by certified mail,

303

return receipt requested. The department shall provide to the

304

Department of Revenue a copy of each applicant's registration

305

materials, within 30 working days of the receipt of the

306

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

307

agencies mutually designate.

308

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

309

registration fees to each registered drycleaning facility or

310

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

311

drycleaning facilities and wholesale supply facilities shall

312

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

313

renewal registration fee of $100 for each drycleaning facility or

314

wholesale supply facility owned and in operation. The fee shall

315

be paid within 30 days after receipt of billing by the

316

department. Facilities that fail to pay their renewal fee within

317

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

318

$75.

319

     b.  Revenues derived from registration, renewal, and late

320

fees shall be deposited into the Water Quality Assurance Trust

321

Fund to be used as provided in s. 376.3078.

322

     3. Effective March 1, 2009, a registered drycleaning

323

facility shall display in the vicinity of its drycleaning

324

machines the original or a copy of a valid and current

325

certificate evidencing registration with the department pursuant

326

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

327

transfer any drycleaning solvents to an owner or operator of a

328

drycleaning facility unless the owner or operator of the

329

drycleaning facility displays the certificate issued by the

330

department. Violators of this subparagraph are subject to the

331

remedies available to the department pursuant to s. 376.302.

332

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

333

Statutes, is amended to read:

334

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

335

and regulations adopted pursuant hereto, the following words,

336

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

337

the following meanings:

338

     (19) "Regulated air pollutant" means any pollutant

339

regulated under the federal Clean Air Act.:

340

     (a) Nitrogen oxides or any volatile organic compound;

341

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

342

7412; or

343

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

344

quality standard has been adopted.

345

     Section 6.  Section 403.0623, Florida Statutes, is amended

346

to read:

347

     403.0623  Environmental data; quality assurance.--The

348

department must establish, by rule, appropriate quality assurance

349

requirements for environmental data submitted to the department

350

and the criteria by which environmental data may be rejected by

351

the department. The department may adopt and enforce rules to

352

establish data quality objectives and specify requirements for

353

training of laboratory and field staff, sample collection

354

methodology, proficiency testing, and audits of laboratory and

355

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

356

laboratory certification provisions under ss. 403.0625 and

357

403.863.

358

     Section 7.  Subsection (1) of section 403.0872, Florida

359

Statutes, is amended to read:

360

     403.0872  Operation permits for major sources of air

361

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

362

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

363

the United States Environmental Protection Agency, beginning

364

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

365

electrical power plants certified under s. 403.511, must obtain

366

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

367

pollution under this section. This operation permit is the only

368

department operation permit for a major source of air pollution

369

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

370

the department shall issue a separate acid rain permit for a

371

major source of air pollution that is an affected source within

372

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

373

sources of air pollution, except general permits issued pursuant

374

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

375

contained in this section and in accordance with chapter 120;

376

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

377

provisions of this section, the procedures contained in this

378

section prevail.

379

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

380

pollution means a stationary source of air pollution, or any

381

group of stationary sources within a contiguous area and under

382

common control, which emits any regulated air pollutant and which

383

is any of the following:

384

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

385

7412(a)(1);

386

     (b)  A major stationary source or major emitting facility

387

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

388

subchapter I, part C or part D;

389

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

390

7651a(1);

391

     (d)  An air pollution source subject to standards or

392

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

393

source is not a major source solely because of its regulation

394

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

395

     (e)  A stationary air pollution source belonging to a

396

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

397

adopted by the administrator of the United States Environmental

398

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

399

shall exempt those facilities that are subject to this section

400

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

401

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

402

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

403

exemption is available under federal law.

404

     Section 8.  Section 373.109, Florida Statutes, is amended to

405

read:

406

     373.109  Permit application fees.--When a water management

407

district governing board, the department, or a local government

408

implements a regulatory system under this chapter or one which

409

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

410

schedule of fees for filing applications for the required

411

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

412

department, or the local government for processing, monitoring,

413

and inspecting for compliance with the permit.

414

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

415

than December 1, 2008, to increase each application fee

416

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

417

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

418

adjustment in the Consumer Price Index compiled by the United

419

States Department of Labor, or similar inflation indicator, since

420

the original fee was established or most recently revised. The

421

department shall establish by rule the inflation index to be used

422

for this purpose.

423

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

424

a noticed general permit or individual permit as established in

425

department rules.

426

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

427

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

428

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

429

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

430

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

431

not to exceed $500 for conducting informal wetland boundary

432

determinations as a public service to applicants or potential

433

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

434

wetland boundary determination is not an application for a

435

permit, is not subject to the permit review timeframes

436

established in this chapter or chapter 120, and does not

437

constitute final agency action.

438

(2) The department shall review the fees authorized under

439

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

440

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

441

Consumer Price Index or similar inflation indicator. In the event

442

of deflation, the department shall consult with the Executive

443

Office of the Governor and the Legislature to determine whether

444

downward fee adjustments are appropriate based on the current

445

budget and appropriation considerations.

446

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

447

section shall be allocated for the use of the water management

448

district, the department, or the local government, whichever

449

processed the permit, and shall be in addition to moneys

450

otherwise appropriated in any general appropriation act. All

451

moneys received by the department under the provisions of this

452

section shall be deposited in the Florida Permit Fee Trust Fund

453

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

454

provided therein. Moneys received by a water management district

455

or the department under the provisions of this section shall be

456

in addition to moneys otherwise appropriated in any general

457

appropriation act.

458

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

459

established hereunder constitutes grounds for revocation or

460

denial of the permit.

461

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

462

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

463

amounts shall remain in effect until the effective date of fees

464

adopted by rule by the department.

465

     Section 9.  Section 403.087, Florida Statutes, is amended to

466

read:

467

     403.087  Permits; general issuance; denial; revocation;

468

prohibition; penalty.--

469

     (1)  A stationary installation that is reasonably expected

470

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

471

maintained, constructed, expanded, or modified without an

472

appropriate and currently valid permit issued by the department,

473

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

474

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

475

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

476

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

477

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

478

the department in accordance with this chapter and the rules of

479

the department.

480

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

481

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

482

permits under this section.

483

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

484

wastewater treatment facility other than a facility regulated

485

under the National Pollutant Discharge Elimination System (NPDES)

486

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

487

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

488

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

489

with a financial incentive, if:

490

     (a)  The waters from the treatment facility are not

491

discharged to Class I municipal injection wells or the treatment

492

facility is not required to comply with the federal standards

493

under the Underground Injection Control Program under chapter 62-

494

528 of the Florida Administrative Code;

495

     (b)  The treatment facility is not operating under a

496

temporary operating permit or a permit with an accompanying

497

administrative order and does not have any enforcement action

498

pending against it by the United States Environmental Protection

499

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

500

403.182;

501

     (c)  The treatment facility has operated under an operation

502

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

503

generally operated in conformance with the limits of permitted

504

flows and other conditions specified in the permit;

505

     (d)  The department has reviewed the discharge-monitoring

506

reports required under department rule and is satisfied that the

507

reports are accurate;

508

     (e)  The treatment facility has generally met water quality

509

standards in the preceding 2 years, except for violations

510

attributable to events beyond the control of the treatment plant

511

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

512

or other abnormal events that could not reasonably be expected to

513

occur; and

514

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

515

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

516

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

517

the facility that it is not exceeding the permitted capacity and

518

is in substantial compliance.

519

520

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

521

permits applied for and the number and duration of permits issued

522

for longer than 5 years.

523

     (4)  The department shall issue permits on such conditions

524

as are necessary to effect the intent and purposes of this

525

section.

526

     (5)  The department shall issue permits to construct,

527

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

528

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

529

determines that the installation is provided or equipped with

530

pollution control facilities that will abate or prevent pollution

531

to the degree that will comply with the standards or rules

532

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

533

403.0872. However, separate construction permits shall not be

534

required for installations permitted under s. 403.0885, except

535

that the department may require an owner or operator proposing to

536

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

537

department review, as part of application for permit or permit

538

modification, engineering plans, preliminary design reports, or

539

other information 90 days prior to commencing construction. The

540

department may also require the engineer of record or another

541

registered professional engineer, within 30 days after

542

construction is complete, to certify that the construction was

543

completed in accordance with the plans submitted to the

544

department, noting minor deviations which were necessary because

545

of site-specific conditions.

546

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

547

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

548

costs of reviewing and acting upon any application for a permit

549

or request for site-specific alternative criteria or for an

550

exemption from water quality criteria and to cover the costs of

551

surveillance and other field services and related support

552

activities associated with any permit or plan approval issued

553

pursuant to this chapter. The department shall review the fees

554

authorized under this chapter at least once every 5 years and

555

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

556

established in this paragraph to reflect changes in the Consumer

557

Price Index or similar inflation indicator. The department shall

558

establish by rule the inflation index to be used for this

559

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

560

with the Executive Office of the Governor and the Legislature to

561

determine whether downward fee adjustments are appropriate based

562

on the current budget and appropriation considerations. However,

563

when an application is received without the required fee, the

564

department shall acknowledge receipt of the application and shall

565

immediately return the unprocessed application to the applicant

566

and shall take no further action until the application is

567

received with the appropriate fee. The department shall adopt a

568

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

569

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

570

     a.  Hazardous waste, construction permit.

571

     b.  Hazardous waste, operation permit.

572

     c.  Hazardous waste, postclosure permit, or clean closure

573

plan approval.

574

     d.  Hazardous waste, corrective action permit.

575

     2. The permit fee for a drinking water construction or

576

operation permit, not including the operation license fee

577

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

578

exceed $15,000.

579

     3.2. The permit fee for a Class I injection well

580

construction permit may not exceed $12,500.

581

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

582

not exceed $10,000:

583

     a.  Solid waste, construction permit.

584

     b.  Solid waste, operation permit.

585

     c.  Class I injection well, operation permit.

586

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

587

not exceed $7,500:

588

     a.  Air pollution, construction permit.

589

     b.  Solid waste, closure permit.

590

     c. Drinking water, construction or operation permit.

591

     c.d. Domestic waste residuals, construction or operation

592

permit.

593

     d.e. Industrial waste, operation permit.

594

     e.f. Industrial waste, construction permit.

595

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

596

not exceed $5,000:

597

     a.  Domestic waste, operation permit.

598

     b.  Domestic waste, construction permit.

599

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

600

not exceed $4,000:

601

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

602

mangrove alteration), standard form permit.

603

     b.  Hazardous waste, research and development permit.

604

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

605

to s. 403.0872.

606

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

607

abandonment permits.

608

     8. The permit fee for a drinking water distribution system

609

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

610

may not exceed $1,000.

611

     9.7. The permit fee for Class V injection wells,

612

construction, operation, and abandonment permits may not exceed

613

$750.

614

     10.8. The permit fee for domestic waste collection system

615

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

616

     a. Domestic waste, collection system permits.

617

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

618

mangrove alterations), short permit form.

619

     c. Drinking water, distribution system permit.

620

     11.9. The permit fee for stormwater operation permits may

621

not exceed $100.

622

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

623

permit fees for permits that require certification by a

624

registered professional engineer or professional geologist may

625

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

626

types may not exceed $100.

627

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

628

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

629

requested by the applicant is $1,000.

630

     14.12. The regulatory program and surveillance fees for

631

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

632

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

633

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

634

department has been granted administrative authority, shall be

635

limited as follows:

636

     a.  The fees for domestic wastewater facilities shall not

637

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

638

scale of fees based on the permitted capacity and shall ensure

639

smaller domestic waste dischargers do not bear an inordinate

640

share of costs of the program.

641

     b.  The annual fees for industrial waste facilities shall

642

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

643

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

644

the industrial waste discharge and shall ensure smaller

645

industrial waste dischargers do not bear an inordinate share of

646

costs of the program.

647

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

648

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

649

review required for permit modification or construction

650

engineering plans.

651

     (b)  If substantially similar air pollution sources are to

652

be constructed or modified at the same facility, the applicant

653

may submit a single application and permit fee for construction

654

or modification of the sources at that facility. If substantially

655

similar air pollution sources located at the same facility do not

656

constitute a major source of air pollution subject to permitting

657

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

658

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

659

may develop, by rule, criteria for determining what constitutes

660

substantially similar sources.

661

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

662

of each fee shall be reasonably related to the costs of

663

permitting, field services, and related support activities for

664

the particular permitting activity taking into consideration

665

consistently applied standard cost-accounting principles and

666

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

667

permit condition, that a permit be renewed more frequently than

668

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

669

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

670

     (d)  Nothing in this subsection authorizes the construction

671

or expansion of any stationary installation except to the extent

672

specifically authorized by department permit or rule.

673

     (e)  For all domestic waste collection system permits and

674

drinking water distribution system permits, the department shall

675

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

676

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

677

dwelling units, or any combination of these factors. The

678

department shall require a separate permit application and fee

679

for each noncontiguous project within the system.

680

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

681

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

682

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

683

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

684

her application;

685

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

686

regulations, or permit conditions;

687

     (c)  Has failed to submit operational reports or other

688

information required by department rule or regulation; or

689

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

690

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

691

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

692

activity relating to the extraction of solid minerals not exempt

693

pursuant to chapter 211 within any state or national park or

694

state or national forest when the activity will degrade the

695

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

696

within those areas. In the event the Federal Government prohibits

697

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

698

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

699

shall not apply to those federal lands.

700

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

701

in this chapter.

702

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

703

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

704

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

705

adopted by rule by the department.

706

     Section 10.  Subsections (7) and (8) of section 403.861,

707

Florida Statutes, are amended to read:

708

     403.861  Department; powers and duties.--The department

709

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

710

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

711

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

712

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

713

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

714

served by the system, including issuance of an annual operation

715

license.

716

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

717

system based upon review of a preliminary design report or plans

718

and specifications, and a completed permit application form, and

719

other required information as set forth in department rule,

720

including receipt of an appropriate fee. The department may

721

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

722

costs of viewing and acting upon any application for the

723

construction and operation of a public water supply system and

724

the costs of surveillance and other field services associated

725

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

726

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

727

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

728

population served by the system that is proposed by the

729

applicant.

730

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

731

shall submit annually to the department an operation license fee,

732

separate from and in addition to any permit application fees

733

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

734

department rule. The amount of each fee shall be reasonably

735

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

736

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

737

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

738

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

739

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

740

department rule.

741

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

742

increase each drinking water permit application fee authorized

743

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

744

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

745

adjustment in the Consumer Price Index compiled by the United

746

States Department of Labor, or similar inflation indicator, since

747

the original fee was established or most recently revised. The

748

department shall establish by rule the inflation index to be used

749

for this purpose. The department shall review the drinking water

750

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

751

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

752

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

753

reflect changes in the Consumer Price Index or similar inflation

754

indicator. In the event of deflation, the department shall

755

consult with the Executive Office of the Governor and the

756

Legislature to determine whether downward fee adjustments are

757

appropriate based on the current budget and appropriation

758

considerations. The department shall also review the drinking

759

water operation license fees established pursuant to paragraph

760

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

761

same inflationary adjustments provided for in this subsection.

762

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

763

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

764

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

765

adopted by rule by the department.

766

     Section 11.  Section 403.873, Florida Statutes, is amended

767

to read:

768

     403.873  Renewal of license.--

769

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

770

the renewal application, proof of completion of department-

771

approved continuing education units during the current biennium,

772

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

773

403.865-403.876.

774

     (2)  The department shall adopt rules establishing a

775

procedure for the biennial renewal of licenses, including the

776

requirements for continuing education.

777

     Section 12.  Section 403.874, Florida Statutes, is amended

778

to read:

779

     403.874  Inactive status.--

780

     (1)  The department shall reactivate an inactive license

781

upon receipt of the reactivation application and fee within the

782

2-year period immediately following the expiration date of the

783

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

784

shall be null and void and an operator seeking a license

785

thereafter must meet the training, examination, and experience

786

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

787

     (2)  The department shall adopt rules relating to licenses

788

that have become inactive and for the reactivation of inactive

789

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

790

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

791

void.

792

     Section 13. Section 378.011, Florida Statutes, is repealed.

793

     Section 14. Chapter 325, Florida Statutes, consisting of

794

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

795

repealed.

796

     Section 15. Section 403.08725, Florida Statutes, is

797

repealed.

798

     Section 16.  Paragraph (a) of subsection (3) of section

799

373.503, Florida Statutes, is amended to read:

800

     373.503  Manner of taxation.--

801

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

802

within the district solely for the purposes of this chapter and

803

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

804

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

805

valorem taxes as provided in this act shall commence with the

806

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

807

boards pursuant to this section shall be prorated to ensure that

808

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

809

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

810

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

811

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

812

each governing board may be separated by the governing board into

813

a millage necessary for the purposes of the district and a

814

millage necessary for financing basin functions specified in s.

815

373.0695. Beginning with the taxing year 1977, and

816

notwithstanding the provisions of any other general or special

817

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

818

and basin purposes shall be:

819

     1. Northwest Florida Water Management District: 0.2 0.05

820

mill.

821

     2.  Suwannee River Water Management District: 0.75 mill.

822

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

823

     4.  Southwest Florida Water Management District: 1.0 mill.

824

     5.  South Florida Water Management District: 0.80 mill.

825

     Section 17. The amendment to paragraph (a) of subsection

826

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

827

effect on the same date that the amendment to the State

828

Constitution proposed in Senate Joint Resolution 1848 or similar

829

legislation takes effect, if such Joint Resolution is enacted

830

during the 2008 Regular Session of the Legislature or an

831

extension thereof and is submitted to the electors of this state

832

for their approval or rejection at the general election to be

833

held in November 2008.

834

     Section 18. If the amendment to paragraph (a) of subsection

835

(3) of s. 373.503, Florida Statutes, takes effect, the Northwest

836

Florida Water Management District may adjust its millage rate

837

pursuant to the provisions of s. 373.503, Florida Statutes, and

838

notwithstanding the provisions of s. 200.185, Florida Statutes.

839

     Section 19.  This act shall take effect upon becoming a law.