ENROLLED

2008 LegislatureCS for CS for SB 1294, 1st Engrossed

20081294er

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An act relating to environmental protection; reenacting

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

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establishment of the department; renaming the Office of

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Legislative and Government Affairs as the "Office of

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Legislative Affairs"; creating the Office of

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Intergovernmental Programs within the department; renaming

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the Division of Resource Assessment and Management as the

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"Division of Environmental Assessment and Restoration";

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authorizing the Environmental Regulation Commission to

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employ independent counsel and contract for outside

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

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relating to the tax on the severance of phosphate rock;

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deleting obsolete provisions; providing for a surcharge to

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be levied per ton severed until a specified amount of

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revenue is generated; providing for an adjustment in the

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surcharge under certain conditions; providing for the

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distribution of all taxes, interest, and penalties

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collected from the severance of phosphate rock; providing

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for the use of such revenues by certain counties; defining

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

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

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Trustees of the Internal Improvement Trust Fund to

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delegate certain duties regarding submerged lands to the

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Fish and Wildlife Conservation Commission; amending s.

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

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conceptual reclamation plan from rules governing

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activities in surface waters and wetlands; amending s.

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

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state agency action regarding phosphate mines and

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reclamation are subject to summary hearings; amending s.

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

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Conservation Commission rather than the Department of

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Environmental Protection to direct the control,

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eradication, and regulation of noxious aquatic weeds;

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requiring the commission to adopt rules; authorizing the

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commission to collect aquatic plants, quarantine or

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confiscate noxious aquatic plant material, and conduct a

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

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revising a short title; revising definitions; providing

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duties of the Fish and Wildlife Conservation Commission

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with respect to supervising and directing all management

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programs for aquatic plants; authorizing the commission to

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delegate its authority and disburse funds; requiring the

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commission to post a report on its website; providing for

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the commission to adopt rules for issuing permits for the

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control, eradication, and removal of aquatic plants;

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

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Department of Agriculture and Consumer Services rather

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than the Department of Environmental Protection to

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regulate the importation, transport, cultivation, and

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possession of certain aquatic plants and invasive

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nonnative plants; authorizing the Department of

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Agriculture and Consumer Services to adopt rules;

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providing duties of the department; amending s. 369.252,

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F.S.; requiring the Fish and Wildlife Conservation

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Commission to establish a program to control invasive

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plants on public lands; revising requirements for the use

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of funds in the Invasive Plant Control Trust Fund;

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

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of certain proceeds from the fuel tax by the Fish and

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Wildlife Conservation Commission; amending s. 328.76,

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

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Control Trust Fund; conforming provisions to changes made

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

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certain entities review the standards and guidelines for

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landscape irrigation and xeriscape ordinances by a date

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

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drycleaning facility to display a current and valid

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certificate of registration issued by the Department of

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Environmental Protection; prohibiting the sale or transfer

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of drycleaning solvents after a certain date to owners or

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operators of drycleaning facilities unless a registration

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certificate is displayed; providing penalties; amending s.

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

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"regulated air pollutant" to changes made in the federal

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

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rulemaking authority for biological sampling techniques;

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

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for air operation permits to changes made to Title V of

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the Clean Air Act to delete certain minor sources from the

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Title V permitting requirements; amending s. 373.109,

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

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date certain to adjust permit fees; providing for fees to

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be imposed for verifying that certain activities are

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exempt from regulation; providing for a fee for conducting

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informal wetland boundary determinations; specifying

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special conditions that apply to such determinations;

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

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amounts for certain fees relating to wastewater treatment

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

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public water system application fee; requiring the

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department to adopt rules for periodically adjusting the

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

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rulemaking authority for continuing education requirements

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

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providing for the reinstatement of certain water utility

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operator certifications; prohibiting the Department of

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Environmental Protection from issuing a permit for a Class

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I landfill located in a specified water use caution area

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

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

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

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

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

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citrus juice processing facilities; providing an effective

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date.

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

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     Section 1.  Section 20.255, Florida Statutes, is reenacted

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and amended to read:

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     20.255  Department of Environmental Protection.--There is

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created a Department of Environmental Protection.

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     (1)  The head of the Department of Environmental Protection

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

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

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secretary shall be confirmed by the Florida Senate. The secretary

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shall serve at the pleasure of the Governor.

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

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

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The secretary may assign any deputy secretary the responsibility

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

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office, or district. The following special offices are

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

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appointed by and serve at the pleasure of the secretary:

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     1. Office of Chief of Staff;,

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     2. Office of General Counsel;,

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     3. Office of Inspector General;,

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     4. Office of External Affairs;,

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     5. Office of Legislative and Government Affairs;, and

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     6. Office of Intergovernmental Programs; and

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     7.6. Office of Greenways and Trails.

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     (b)  There shall be six administrative districts involved in

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regulatory matters of waste management, water resource

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

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

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pleasure of the secretary. Divisions of the department may have

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one assistant or two deputy division directors, as required to

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facilitate effective operation.

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The managers of all divisions and offices specifically named in

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this section and the directors of the six administrative

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

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in the Senior Management Service in accordance with s.

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110.205(2)(j).

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     (3)  The following divisions of the Department of

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Environmental Protection are established:

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     (a)  Division of Administrative Services.

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     (b)  Division of Air Resource Management.

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     (c)  Division of Water Resource Management.

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     (d)  Division of Law Enforcement.

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     (e) Division of Environmental Assessment and Restoration

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Resource Assessment and Management.

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     (f)  Division of Waste Management.

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     (g)  Division of Recreation and Parks.

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

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appointed by the secretary of the department, subject to

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confirmation by the Governor and Cabinet sitting as the Board of

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Trustees of the Internal Improvement Trust Fund.

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In order to ensure statewide and intradepartmental consistency,

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the department's divisions shall direct the district offices and

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bureaus on matters of interpretation and applicability of the

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department's rules and programs.

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     (4)  Law enforcement officers of the Department of

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Environmental Protection who meet the provisions of s. 943.13 are

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constituted law enforcement officers of this state with full

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

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

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Trustees of the Internal Improvement Trust Fund. The general laws

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applicable to investigations, searches, and arrests by peace

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officers of this state apply to such law enforcement officers.

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     (5)  Records and documents of the Department of

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Environmental Protection shall be retained by the department as

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specified in record retention schedules established under the

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general provisions of chapters 119 and 257. Further, the

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department is authorized to:

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

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documents in conformity with the approved retention schedules.

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     (b)  Photograph, microphotograph, or reproduce such records

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

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retention schedules, whereby each page will be exposed in exact

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conformity with the original records and documents retained in

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compliance with the provisions of this section. Photographs or

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

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made in compliance with the provisions of this section, shall

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have the same force and effect as the originals thereof would

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

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admissibility in evidence. Duly certified or authenticated

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reproductions of such photographs or microphotographs shall be

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admitted in evidence equally with the original photographs or

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microphotographs. The impression of the seal of the Department of

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Environmental Protection on a certificate made by the department

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and signed by the Secretary of Environmental Protection entitles

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the certificate to be received in all courts and in all

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proceedings in this state and is prima facie evidence of all

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factual matters set forth in the certificate. A certificate may

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

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in a schedule attached to the certificate.

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     (6)  The Department of Environmental Protection may require

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

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

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

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

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approved by the department, conditioned upon the faithful

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performance of the duties of the employee.

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

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Environmental Protection an Environmental Regulation Commission.

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The commission shall be composed of seven residents of this state

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

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In making appointments, the Governor shall provide reasonable

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representation from all sections of the state. Membership shall

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be representative of agriculture, the development industry, local

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government, the environmental community, lay citizens, and

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members of the scientific and technical community who have

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substantial expertise in the areas of the fate and transport of

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water pollutants, toxicology, epidemiology, geology, biology,

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environmental sciences, or engineering. The Governor shall

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

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

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

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The members of the commission shall serve without compensation,

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

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while in the performance of their official duties.

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Administrative, personnel, and other support services necessary

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for the commission shall be furnished by the department. The

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commission may employ independent counsel and contract for the

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services of outside technical consultants.

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     (8)  The department is the agency of state government

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responsible for collecting and analyzing information concerning

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energy resources in this state; for coordinating the energy

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conservation programs of state agencies; and for coordinating the

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

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policy.

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     Section 2.  Section 211.3103, Florida Statutes, is amended

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to read:

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

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basis, and distribution of tax.--

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

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engaging in the business of severing phosphate rock from the

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

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be collected, administered, and enforced by the department.

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

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interest, and penalties imposed under this section shall be paid

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into the State Treasury as follows:

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

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

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Conservation and Recreation Lands Trust Fund.

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     (b) The remaining revenues collected from the tax during

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

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shall be paid into the State Treasury as follows:

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

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tons of phosphate rock produced from a phosphate rock matrix

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located within such political boundary, 18.75 percent. The

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department shall distribute this portion of the proceeds annually

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based on production information reported by the producers on the

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annual returns for the taxable year. Any such proceeds received

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

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     2. For payment to counties that have been designated a

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rural area of critical economic concern pursuant to s. 288.0656

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in proportion to the number of tons of phosphate rock produced

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from a phosphate rock matrix located within such political

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boundary, 15 percent. The department shall distribute this

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portion of the proceeds annually based on production information

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reported by the producers on the annual returns for the taxable

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year.

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

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the Department of Education, 11.25 percent.

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

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     5. To the credit of the Nonmandatory Land Reclamation Trust

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Fund, 43.75 percent.

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

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interest, and penalties imposed under this section shall be paid

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into the State Treasury as follows:

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

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

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Conservation and Recreation Lands Trust Fund.

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     (b)  The remaining revenues collected from the tax during

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

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shall be paid into the State Treasury as follows:

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

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40.1 percent.

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

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tons of phosphate rock produced from a phosphate rock matrix

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located within such political boundary, 16.5 percent. The

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department shall distribute this portion of the proceeds annually

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based on production information reported by the producers on the

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annual returns for the taxable year. Any such proceeds received

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

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     3.  For payment to counties that have been designated a

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rural area of critical economic concern pursuant to s. 288.0656

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in proportion to the number of tons of phosphate rock produced

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from a phosphate rock matrix located within such political

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boundary, 13 percent. The department shall distribute this

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portion of the proceeds annually based on production information

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reported by the producers on the annual returns for the taxable

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year. Payments under this subparagraph shall be made to the

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counties unless the Legislature by special act creates a local

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authority to promote and direct the economic development of the

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

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authority.

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

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the Division of Universities of the Department of Education, 9.3

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percent.

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

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     6.  To the credit of the Nonmandatory Land Reclamation Trust

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Fund, 10.4 percent.

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

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Department of Environmental Protection may use up to $2 million

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of the funds in the Nonmandatory Land Reclamation Trust Fund to

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

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

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of any phosphogypsum stack system and phosphate mining activities

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in the event that an operator or permittee thereof has been

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subject to a final order of bankruptcy and all funds available

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therefrom are determined to be inadequate to accomplish such

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restoration, reclamation, and cleanup. This section does not

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imply that such operator or permittee is thereby relieved of its

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obligations or relieved of any liabilities pursuant to any other

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remedies at law, administrative remedies, statutory remedies, or

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remedies pursuant to bankruptcy law. The department shall adopt

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rules to implement this subsection, including the purchase and

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oversight of the bond or policy.

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

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

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     (a)  Planning, preparing, and financing of infrastructure

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projects for job creation and capital investment, especially

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those related to industrial and commercial sites. Infrastructure

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investments may include the following public or public-private

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partnership facilities: stormwater systems, telecommunications

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facilities, roads or other remedies to transportation

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impediments, nature-based tourism facilities, or other physical

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requirements necessary to facilitate trade and economic

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development activities.

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

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

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the Small Cities Community Development Block Grant Program.

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     (c)  Projects that improve inadequate infrastructure that

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has resulted in regulatory action that prohibits economic or

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community growth, if such projects are related to specific job

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creation or job retention opportunities.

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

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base rate of $1.62 per ton severed.

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

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

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adjustment for the tax year as calculated by the department in

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accordance with subsection (8) (9).

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

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the total production of the producer during the taxable year,

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

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severance.

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

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thereafter, the department shall calculate the base rate

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

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unadjusted annual producer price index for the prior calendar

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year in relation to the unadjusted annual producer price index

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for calendar year 1999.

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     (b)  For the purposes of determining the base rate

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

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fraction, the numerator of which is the unadjusted annual

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producer price index for the prior calendar year and the

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denominator of which is the unadjusted annual producer price

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index for calendar year 1999.

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

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rate adjustment, and the resulting tax rate to affected producers

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

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

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substantially revised, the department shall make appropriate

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adjustment in the method used to compute the base rate adjustment

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under this subsection which will produce results reasonably

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consistent with the result that would have been obtained if the

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producer price index for phosphate rock had not been revised.

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

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severed.

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

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discontinued, a comparable index shall be selected by the

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department and adopted by rule.

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

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

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separately assessed mineral interest in the real property upon

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

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or license fee imposed by the state or its political

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subdivisions.

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

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in the manner prescribed in s. 211.33.

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

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

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

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last day of the calendar quarter in which the total revenue

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generated by the surcharge equals $60 million. Revenues derived

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from the surcharge shall be deposited into the Nonmandatory Land

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Reclamation Trust Fund and shall be exempt from the general

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revenue service charge provided in s. 215.20. Revenues derived

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from the surcharge shall be used to augment funds appropriated

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for the rehabilitation, management, and closure of the Piney

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Point and Mulberry sites and for approved reclamation of

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nonmandatory lands in accordance with chapter 378. A minimum of

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75 percent of the revenues from the surcharge shall be dedicated

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to the Piney Point and Mulberry sites.

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

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

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subsection (6) shall not apply.

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

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on which the amount of revenues collected from the surcharge

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

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

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

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of paragraph (d) are met.

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

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

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total amount of surcharge remitted by such taxpayer under

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

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levied on such taxpayer shall be adjusted as provided in

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

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amount calculated by the department equal to the cumulative

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difference between the amount of excise tax that would have been

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

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collected under paragraph (c) from such taxpayer.

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

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

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interest, and penalties imposed under this section shall be

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exempt from the general revenue service charge provided in s.

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

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     1. To the credit of the Conservation and Recreation Lands

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Trust Fund, 25.5 percent.

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

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37 percent.

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

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tons of phosphate rock produced from a phosphate rock matrix

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located within such political boundary, 13.6 percent. The

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department shall distribute this portion of the proceeds annually

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based on production information reported by the producers on the

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annual returns for the taxable year. Any such proceeds received

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

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     4. For payment to counties that have been designated a

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rural area of critical economic concern pursuant to s. 288.0656

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in proportion to the number of tons of phosphate rock produced

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from a phosphate rock matrix located within such political

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boundary, 10.7 percent. The department shall distribute this

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portion of the proceeds annually based on production information

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reported by the producers on the annual returns for the taxable

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year. Payments under this subparagraph shall be made to the

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counties unless the Legislature by special act creates a local

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authority to promote and direct the economic development of the

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

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authority.

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     5. To the credit of the Nonmandatory Land Reclamation Trust

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Fund, 6.6 percent.

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

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the Division of Universities of the Department of Education, 6.6

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percent.

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

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expenses" means those expenses that provide for infrastructure or

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services in support of the phosphate industry, reclamation or

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restoration of phosphate lands, community infrastructure on such

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reclaimed lands, and similar expenses directly related to support

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of the industry.

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

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Statutes, is amended to read:

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     253.002  Department of Environmental Protection, water

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management districts, and Department of Agriculture and Consumer

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Services; duties with respect to state lands.--

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     (1)  The Department of Environmental Protection shall

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perform all staff duties and functions related to the

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acquisition, administration, and disposition of state lands,

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

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the Internal Improvement Trust Fund. However, upon the effective

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

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district created under s. 373.069 shall perform the staff duties

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and functions related to the review of any application for

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authorization to use board of trustees-owned submerged lands

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necessary for an activity regulated under part IV of chapter 373

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for which the water management district has permitting

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responsibility as set forth in an operating agreement adopted

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

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Consumer Services shall perform the staff duties and functions

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related to the review of applications and compliance with

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conditions for use of board of trustees-owned submerged lands

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under authorizations or leases issued pursuant to ss. 253.67-

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

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of trustees may delegate to the department any statutory duty or

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obligation relating to the acquisition, administration, or

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

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

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water management district created under s. 373.069 the authority

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

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board, on applications for authorization to use board of

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trustees-owned submerged lands for any activity regulated under

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part IV of chapter 373 for which the water management district

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has permitting responsibility as set forth in an operating

492

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

493

management district responsibility under this subsection shall be

494

subject to the department's general supervisory authority

495

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

496

delegate to the Department of Agriculture and Consumer Services

497

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

498

on applications to use board of trustees-owned submerged lands

499

for any activity for which that department has responsibility

500

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

501

trustees shall retain the authority to take final agency action

502

on establishing any areas for leasing, new leases, expanding

503

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

504

existing leases. Upon issuance of an aquaculture lease or other

505

real property transaction relating to aquaculture, the Department

506

of Agriculture and Consumer Services must send a copy of the

507

document and the accompanying survey to the Department of

508

Environmental Protection. The board of trustees may also delegate

509

to the Fish and Wildlife Conservation Commission the authority to

510

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

511

board, on applications for authorization to use board of

512

trustees-owned submerged lands for any activity regulated under

513

s. 369.20.

514

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

515

Statutes, is amended to read:

516

     373.414  Additional criteria for activities in surface

517

waters and wetlands.--

518

     (15)  Activities associated with mining operations as

519

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

520

and included in a conceptual reclamation plan or modification

521

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

522

reviewed under the rules of the department adopted pursuant to

523

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

524

as amended, the rules of the water management districts under

525

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

526

1993. Such activities shall be exempt from rules adopted pursuant

527

to subsection (9) and the statewide methodology ratified pursuant

528

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

529

issued permits authorizing construction for the life of the mine.

530

Lands added to a conceptual reclamation plan subject to this

531

subsection through a modification submitted after July 1, 1996,

532

which are contiguous to the conceptual reclamation plan area

533

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

534

that the total acreage of the conceptual reclamation plan may not

535

be increased through such modification and the cumulative acreage

536

added may not exceed 3 percent of the conceptual reclamation plan

537

area. Lands that have been mined or disturbed by mining

538

activities, lands subject to a conservation easement under which

539

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

540

otherwise preserved as part of a permitting review may not be

541

removed from the conceptual reclamation land area under this

542

subsection.

543

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

544

Florida Statutes, to read:

545

     378.205  Administration; powers and duties of the

546

department; agency review responsibility.--

547

     (3) Administrative challenges to proposed state agency

548

actions regarding phosphate mines and reclamation pursuant to

549

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

550

hearing provisions of s. 120.574, except that the summary

551

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

552

motion for summary hearing, regardless of whether the parties

553

agree to the summary proceeding and the administrative law

554

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

555

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

556

read:

557

     369.20  Florida Aquatic Weed Control Act.--

558

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

559

Control Act."

560

     (2) The Fish and Wildlife Conservation Commission

561

Department of Environmental Protection shall direct the control,

562

eradication, and regulation of noxious aquatic weeds and direct

563

the research and planning related to these activities, as

564

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

565

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

566

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

567

prevent injury to plant and animal life and property.

568

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

569

guide and coordinate the activities of all public bodies,

570

authorities, agencies, and special districts charged with the

571

control or eradication of aquatic weeds and plants. It may

572

delegate all or part of such functions to any appropriate state

573

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

574

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

575

Conservation Commission.

576

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

577

and support research activities directed toward the more

578

effective and efficient control of aquatic plants. In the

579

furtherance of this purpose, the commission department is

580

authorized to:

581

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

582

both public and private sources;

583

     (b)  Contract or enter into agreements with public or

584

private agencies or corporations for research and development of

585

aquatic plant control methods or for the performance of aquatic

586

plant control activities;

587

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

588

and equipment; and

589

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

590

property for purposes of making surveys and examinations and to

591

engage in aquatic plant control activities; and such entry shall

592

not be deemed a trespass.

593

     (5) The commission Department of Environmental Protection

594

may disburse funds to any special district or other local

595

authority charged with the responsibility of controlling or

596

eradicating aquatic plants, upon:

597

     (a) Receipt of satisfactory proof that such district or

598

authority has sufficient funds on hand to match the state funds

599

herein referred to on an equal basis;

600

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

601

techniques to be used by the district or authority; and

602

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

603

or authority by the commission department to be in conformance

604

with the state control plan.

605

     (6) The commission department shall adopt rules pursuant to

606

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

607

conferring powers or duties upon it and perform any other acts

608

necessary for the proper administration, enforcement, or

609

interpretation of this section, including creating general

610

permits and exemptions and adopting rules and forms governing

611

reports.

612

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

613

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

614

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

615

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

616

are expressly exempted by commission department rule. The

617

commission department shall develop standards by rule which shall

618

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

619

control activities; an evaluation of the benefits of such

620

activities to the public; specific criteria recognizing the

621

differences between natural and artificially created waters; and

622

the different amount and quality of littoral vegetation on

623

various waters. Applications for a permit to engage in aquatic

624

plant control activities, including applications to engage in

625

control activities on sovereign submerged lands, shall be made to

626

the commission department. In reviewing such applications, the

627

commission department shall consider the criteria set forth in

628

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

629

final agency action on permit applications for the use of aquatic

630

plant control activities on sovereign submerged lands.

631

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

632

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

633

except aquatic preserves designated under chapter 258 and

634

Outstanding Florida Waters designated under chapter 403, a

635

riparian owner may physically or mechanically remove herbaceous

636

aquatic plants and semiwoody herbaceous plants, such as shrub

637

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

638

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

639

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

640

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

641

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

642

areas shall be cumulatively considered when determining the width

643

of the exempt corridor. Physical or mechanical removal does not

644

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

645

permit pursuant to part IV of chapter 373.

646

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

647

application of herbicides to waters in the state for the control

648

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

649

from the requirement to obtain a water pollution operation permit

650

pursuant to s. 403.088.

651

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

652

aquatic plants to be used for habitat enhancement, research,

653

education, and for other purposes as necessary to implement the

654

provisions of this section.

655

     (11) The commission may quarantine or confiscate noxious

656

aquatic plant material incidentally adhering to a boat or boat

657

trailer.

658

     (12) The commission may conduct a public information

659

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

660

in order to inform the public and interested parties of this

661

section and its associated rules and of the dangers of noxious

662

aquatic plant introductions.

663

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

664

read:

665

     369.22 Nonindigenous Aquatic plant management control.--

666

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

667

Nonindigenous Aquatic Plant Management Control Act."

668

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

669

and phrases shall have the following meanings:

670

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

671

Commission "Department" means the Department of Environmental

672

Protection.

673

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

674

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

675

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

676

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

677

is nonnative to the State of Florida and has certain

678

characteristics, such as massive productivity, choking density,

679

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

680

or unwanted in a particular location.

681

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

682

management control of nonindigenous aquatic plants in which

683

control techniques are utilized in a coordinated manner on a

684

continuous basis in order to maintain the plant population at the

685

lowest feasible level as determined by the commission department.

686

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

687

management control of nonindigenous aquatic plants in which

688

control techniques are utilized in a coordinated manner in an

689

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

690

given geographical area.

691

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

692

management control of nonindigenous aquatic plants in which weeds

693

are allowed to grow unhindered to a given level of

694

undesirability, at which point eradication techniques are applied

695

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

696

level of infestation.

697

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

698

waters and associated tributaries, canals, meandered lakes,

699

enclosed water systems, and any other bodies of water.

700

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

701

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

702

more counties, as determined by the department.

703

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

704

within the boundaries of one county as determined by the

705

department.

706

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

707

created by law and named, respectively, the Northwest Florida

708

Water Management District, the Suwannee River Water Management

709

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

710

Southwest Florida Water Management District, the Central and

711

Southern Florida Flood Control District, and the Ridge and Lower

712

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

713

mean the five water management districts created by chapter 73-

714

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

715

Florida Water Management District, the Suwannee River Water

716

Management District, the St. Johns River Water Management

717

District, the Southwest Florida Water Management District, and

718

the South Florida Water Management District.

719

     (3)  The Legislature recognizes that the uncontrolled growth

720

of nonindigenous aquatic plants in the waters of Florida poses a

721

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

722

The Legislature acknowledges the responsibility of the state to

723

cope with the uncontrolled and seemingly never-ending growth of

724

nonindigenous aquatic plants in the waters throughout Florida. It

725

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

726

policy for the management control of nonindigenous aquatic plants

727

in waters of state responsibility be carried out under the

728

general supervision and control of the commission department, and

729

that the state itself be responsible for the control of such

730

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

731

in intracounty waters be the designated responsibility of the

732

appropriate unit of local or county government, special district,

733

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

734

Legislature that the management control of nonindigenous aquatic

735

plants be carried out primarily by means of maintenance programs,

736

rather than eradication or complaint spray programs, for the

737

purpose of achieving more effective management control at a lower

738

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

739

the commission department guide, review, approve, and coordinate

740

all nonindigenous aquatic plant management control programs

741

within each of the water management districts as defined in

742

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

743

account for the costs of nonindigenous aquatic plant management

744

maintenance programs by watershed for comparison management

745

purposes.

746

     (4) The commission department shall supervise and direct

747

all management maintenance programs for control of nonindigenous

748

aquatic plants, as provided in this section, excluding the

749

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

750

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

751

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

752

life and to property.

753

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

754

responsibility are involved, it is the duty of the commission

755

department to guide, review, approve, and coordinate the

756

activities of all public bodies, authorities, state agencies,

757

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

758

special districts engaged in operations to manage maintain,

759

control, or eradicate nonindigenous aquatic plants, except for

760

activities involving biological control programs using fish as

761

the control agent. The commission department may delegate all or

762

part of such functions to any appropriate state agency, special

763

district, unit of local or county government, commission,

764

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

765

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

766

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

767

     (6) The commission department may disburse funds to any

768

district, special district, or other local authority for the

769

purpose of operating a maintenance program for managing

770

controlling nonindigenous aquatic plants and other noxious

771

aquatic plants in the waters of state responsibility upon:

772

     (a) Receipt of satisfactory proof that such district or

773

authority has sufficient funds on hand to match the state funds

774

herein referred to on an equal basis;

775

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

776

management maintenance control techniques to be used by the

777

district or authority; and

778

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

779

or authority by the commission department to be in conformance

780

with the state maintenance control plan.

781

     (7) The commission department shall prepare submit an

782

annual report on the status of the nonindigenous aquatic plant

783

management maintenance program which shall be posted on the

784

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

785

Speaker of the House of Representatives, and the Governor and

786

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

787

include a statement of the degree of maintenance control achieved

788

by individual nonindigenous aquatic plant species in the

789

intercounty waters of each of the water management districts for

790

the preceding county fiscal year, together with an analysis of

791

the costs of achieving this degree of control. This cost

792

accounting shall include the expenditures by all governmental

793

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

794

maintenance control achieved falls short of that which is deemed

795

adequate by the department, then the report shall include an

796

estimate of the additional funding that would have been required

797

to achieve this level of maintenance control. All measures of

798

maintenance program achievement and the related cost shall be

799

presented by water management districts so that comparisons may

800

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

801

state as a whole.

802

     (8) The commission department shall have the authority to

803

cooperate with the United States and to enter into such

804

cooperative agreements or commitments as the commission

805

department may determine necessary to carry out the maintenance,

806

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

807

other noxious aquatic plant growths from the waters of the state

808

and to enter into contracts with the United States obligating the

809

state to indemnify and save harmless the United States from any

810

and all claims and liability arising out of the initiation and

811

prosecution of any project undertaken under this section.

812

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

813

section shall be paid from money appropriated to the

814

nonindigenous aquatic plant management control program.

815

     (9) The commission department may delegate various

816

nonindigenous aquatic plant management control and maintenance

817

functions to any appropriate state agency, special district, unit

818

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

819

public body the Fish and Wildlife Conservation Commission. The

820

recipient of such delegation commission shall, in accepting

821

commitments to engage in nonindigenous aquatic plant management

822

control and maintenance activities, be subject to the rules of

823

the commission department, except that the commission shall

824

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

825

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

826

recipient commission shall render technical and other assistance

827

to the commission department in order to carry out most

828

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

829

shall diminish or impair the regulatory authority of the

830

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

831

IV of the State Constitution.

832

     (10) The commission department is directed to use

833

biological agents, excluding fish, for the management control of

834

nonindigenous aquatic plants when determined to be appropriate by

835

the commission.

836

     (11) The commission department shall adopt rules pursuant

837

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

838

section conferring powers or duties upon it and perform any other

839

acts necessary for the proper administration, enforcement, or

840

interpretation of this section, including adopting rules and

841

forms governing reports.

842

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

843

remove, or otherwise alter any nonindigenous aquatic plants in

844

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

845

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

846

in waters are expressly exempted by commission department rule.

847

The commission department shall develop standards by rule which

848

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

849

control activities; an evaluation of the benefits of such

850

activities to the public; specific criteria recognizing the

851

differences between natural and artificially created waters; and

852

the different amount and quality of littoral vegetation on

853

various waters. Applications for a permit to engage in aquatic

854

plant management control activities, including applications to

855

engage in management activities on sovereign submerged lands,

856

shall be made to the commission department. In reviewing such

857

applications, the commission department shall consider the

858

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

859

applicable rules, shall take final agency action on permit

860

applications for the use of aquatic plant activities on sovereign

861

submerged lands.

862

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

863

read:

864

     369.25  Aquatic plants; definitions; permits; powers of

865

department; penalties.--

866

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

867

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

868

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

869

associated with, an aquatic environment and includes any part or

870

seed of such plant.

871

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

872

Consumer Services Environmental Protection.

873

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

874

plant species for harvest in the natural environment.

875

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

876

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

877

which has the potential to hinder the growth of beneficial

878

plants, interfere with irrigation or navigation, or adversely

879

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

880

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

881

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

882

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

883

importation, transportation, nonnursery cultivation, collection,

884

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

885

issued by the department or the Department of Agriculture and

886

Consumer Services. No person shall import, transport, nonnursery

887

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

888

listed on the prohibited aquatic plant list established by the

889

department without a permit issued by the department or the

890

Department of Agriculture and Consumer Services. No permit shall

891

be issued until the department determines that the proposed

892

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

893

natural resources, or environment of the state.

894

     (3)  The department has the following powers:

895

     (a)  To make such rules governing the importation,

896

transportation, nonnursery cultivation, collection, and

897

possession of aquatic plants as may be necessary for the

898

eradication, control, or prevention of the dissemination of

899

noxious aquatic plants that are not inconsistent with rules of

900

the Fish and Wildlife Conservation Commission Department of

901

Agriculture and Consumer Services.

902

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

903

regulated under this section, including those exempted from such

904

regulation, provided the Department of Agriculture and Consumer

905

Services and the Fish and Wildlife Conservation Commission

906

approves approve such lists prior to the lists becoming

907

effective.

908

     (c)  To evaluate an aquatic plant species through research

909

or other means to determine whether such species poses a threat

910

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

911

environment of the state.

912

     (d)  To declare a quarantine against aquatic plants,

913

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

914

in which such plants are growing, except in aquatic plant

915

nurseries, to prevent the dissemination of any noxious aquatic

916

plant.

917

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

918

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

919

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

920

necessary or desirable to carry out and enforce the provisions of

921

this section.

922

     (g)  To purchase all necessary supplies, material,

923

facilities, and equipment and accept all grants and donations

924

useful in the implementation and enforcement of the provisions of

925

this section.

926

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

927

aquatic plant nurseries regulated by the Department of

928

Agriculture and Consumer Services, where aquatic plants are

929

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

930

vehicle of conveyance of aquatic plants, to ascertain whether the

931

provisions of this section and department regulations are being

932

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

933

any aquatic plants imported, transported, cultivated, collected,

934

or otherwise possessed in violation of this section or department

935

regulations.

936

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

937

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

938

public and interested parties of this section and its associated

939

rules and of the dangers of noxious aquatic plant introductions.

940

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

941

on sovereignty lands where excessive collection has occurred.

942

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

943

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

944

403.141, and 403.161.

945

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

946

sanctions available for violations under this act to quarantine

947

and confiscation:

948

     (a)  If the prohibited activity apparently results from

949

natural dispersion; or

950

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

951

incidentally adheres to a boat or boat trailer operated by a

952

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

953

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

954

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

955

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

956

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

957

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

958

agencies with power to make arrests for violations of state law

959

shall enforce the provisions of this section.

960

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

961

read:

962

     369.251  Invasive nonnative plants; prohibitions; study;

963

removal; rules.--

964

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

965

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

966

Melaleuca quinquenervia, Schinus terebinthifolius, Casuarina

967

equisetifolia, Casuarina glauca, or Mimosa pigra without a permit

968

from the Department of Agriculture and Consumer Services. Any

969

person who violates this section commits a misdemeanor of the

970

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

971

775.083.

972

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

973

Wildlife Conservation Commission, shall study methods of control

974

of plants of the species Melaleuca quinquenervia, Schinus

975

terebinthifolius, Casuarina equisetifolia, Casuarina glauca, and

976

Mimosa pigra. The South Florida Water Management District shall

977

undertake programs to remove such plants from conservation area

978

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

979

district.

980

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

981

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

982

section. Possession or transportation resulting from natural

983

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

984

herbaria or other educational or research institutions, or for

985

other reasons determined by the department to be consistent with

986

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

987

to, further disperse any plant species prohibited by this

988

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

989

this section.

990

     Section 10.  Section 369.252, Florida Statutes, is amended

991

to read:

992

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

993

Fish and Wildlife Conservation Commission department shall

994

establish a program to:

995

     (1)  Achieve eradication or maintenance control of invasive

996

exotic plants on public lands when the scientific data indicate

997

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

998

when the Commissioner of Agriculture finds that such plants or

999

specific populations thereof are a threat to the agricultural

1000

productivity of the state;

1001

     (2)  Assist state and local government agencies in the

1002

development and implementation of coordinated management plans

1003

for the eradication or maintenance control of invasive exotic

1004

plant species on public lands;

1005

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

1006

the State University System or other governmental or private

1007

sector entities for research concerning control agents;

1008

production and growth of biological control agents; and

1009

development of workable methods for the eradication or

1010

maintenance control of invasive exotic plants on public lands;

1011

and

1012

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

1013

authorized by the Legislature for carrying out activities under

1014

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

1015

the amount credited to the Invasive Plant Control Trust Fund

1016

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

1017

controlling nonnative, upland, invasive plant species on public

1018

lands.

1019

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

1020

206.606, Florida Statutes, is amended to read:

1021

     206.606  Distribution of certain proceeds.--

1022

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

1023

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

1024

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

1025

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

1026

administrative costs incurred by the department in collecting,

1027

administering, enforcing, and distributing the tax, which

1028

administrative costs may not exceed 2 percent of collections,

1029

shall be distributed monthly to the State Transportation Trust

1030

Fund, except that:

1031

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

1032

Wildlife Conservation Commission Department of Environmental

1033

Protection in each fiscal year and deposited in the Invasive

1034

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

1035

including nonchemical control of aquatic weeds, research into

1036

nonchemical controls, and enforcement activities. Beginning in

1037

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

1038

million of such funds to the eradication of melaleuca.

1039

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

1040

section 328.76, Florida Statutes, are amended to read:

1041

     328.76  Marine Resources Conservation Trust Fund; vessel

1042

registration funds; appropriation and distribution.--

1043

     (1)  Except as otherwise specified in this subsection and

1044

less $1.4 million for any administrative costs which shall be

1045

deposited in the Highway Safety Operating Trust Fund, in each

1046

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

1047

collected from the registration of vessels through the Department

1048

of Highway Safety and Motor Vehicles and the tax collectors of

1049

the state, except for those funds designated as the county

1050

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

1051

Marine Resources Conservation Trust Fund for recreational channel

1052

marking; public launching facilities; law enforcement and quality

1053

control programs; aquatic weed control; manatee protection,

1054

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

1055

protection and recovery. The funds collected pursuant to s.

1056

328.72(1) shall be transferred as follows:

1057

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

1058

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

1059

transferred by the Department of Highway Safety and Motor

1060

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

1061

Wildlife Conservation Commission Department of Environmental

1062

Protection for aquatic weed research and control.

1063

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

1064

from commercial vessels shall be transferred by the Department of

1065

Highway Safety and Motor Vehicles to the Invasive Plant Control

1066

Trust Fund in the Fish and Wildlife Conservation Commission

1067

Department of Environmental Protection for aquatic plant research

1068

and control.

1069

     Section 13.  Section 373.228, Florida Statutes, is amended

1070

to read:

1071

     373.228  Landscape irrigation design.--

1072

     (1)  The Legislature finds that multiple areas throughout

1073

the state have been identified by water management districts as

1074

water resource caution areas, which indicates that in the near

1075

future water demand in those areas will exceed the current

1076

available water supply and that conservation is one of the

1077

mechanisms by which future water demand will be met.

1078

     (2)  The Legislature finds that landscape irrigation

1079

comprises a significant portion of water use and that the current

1080

typical landscape irrigation system and xeriscape designs offer

1081

significant potential water conservation benefits.

1082

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

1083

landscape irrigation water use efficiency by ensuring that

1084

landscape irrigation systems meet or exceed minimum design

1085

criteria.

1086

     (4)  The water management districts shall work with the

1087

Florida Nurserymen and Growers Association, the Florida Chapter

1088

of the American Society of Landscape Architects, the Florida

1089

Irrigation Society, the Department of Agriculture and Consumer

1090

Services, the Institute of Food and Agricultural Sciences, the

1091

Department of Environmental Protection, the Department of

1092

Transportation, the Florida League of Cities, the Florida

1093

Association of Counties, and the Florida Association of Community

1094

Developers to develop landscape irrigation and xeriscape design

1095

standards for new construction which incorporate a landscape

1096

irrigation system and develop scientifically based model

1097

guidelines for urban, commercial, and residential landscape

1098

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

1099

and other landscaping. The landscape and irrigation design

1100

standards shall be based on the irrigation code defined in the

1101

Florida Building Code, Plumbing Volume, Appendix F. Local

1102

governments shall use the standards and guidelines when

1103

developing landscape irrigation and xeriscape ordinances. By

1104

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

1105

specified in this subsection shall review the standards and

1106

guidelines to determine whether new research findings require a

1107

change or modification of the standards and guidelines.

1108

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

1109

376.303, Florida Statutes, is amended to read:

1110

     376.303  Powers and duties of the Department of

1111

Environmental Protection.--

1112

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

1113

     (d)  Establish a registration program for drycleaning

1114

facilities and wholesale supply facilities.

1115

     1.  Owners or operators of drycleaning facilities and

1116

wholesale supply facilities and real property owners shall

1117

jointly register each facility owned and in operation with the

1118

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

1119

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

1120

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

1121

this subsection. If the registration form cannot be jointly

1122

submitted, then the applicant shall provide notice of the

1123

registration to other interested parties. The department shall

1124

establish reasonable requirements for the registration of such

1125

facilities. The department shall use reasonable efforts to

1126

identify and notify drycleaning facilities and wholesale supply

1127

facilities of the registration requirements by certified mail,

1128

return receipt requested. The department shall provide to the

1129

Department of Revenue a copy of each applicant's registration

1130

materials, within 30 working days of the receipt of the

1131

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

1132

agencies mutually designate.

1133

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

1134

registration fees to each registered drycleaning facility or

1135

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

1136

drycleaning facilities and wholesale supply facilities shall

1137

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

1138

renewal registration fee of $100 for each drycleaning facility or

1139

wholesale supply facility owned and in operation. The fee shall

1140

be paid within 30 days after receipt of billing by the

1141

department. Facilities that fail to pay their renewal fee within

1142

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

1143

$75.

1144

     b.  Revenues derived from registration, renewal, and late

1145

fees shall be deposited into the Water Quality Assurance Trust

1146

Fund to be used as provided in s. 376.3078.

1147

     3. Effective March 1, 2009, a registered drycleaning

1148

facility shall display in the vicinity of its drycleaning

1149

machines the original or a copy of a valid and current

1150

certificate evidencing registration with the department pursuant

1151

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

1152

transfer any drycleaning solvents to an owner or operator of a

1153

drycleaning facility unless the owner or operator of the

1154

drycleaning facility displays the certificate issued by the

1155

department. Violators of this subparagraph are subject to the

1156

remedies available to the department pursuant to s. 376.302.

1157

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

1158

Statutes, is amended to read:

1159

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

1160

and regulations adopted pursuant hereto, the following words,

1161

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

1162

the following meanings:

1163

     (19) "Regulated air pollutant" means any pollutant

1164

regulated under the federal Clean Air Act.:

1165

     (a) Nitrogen oxides or any volatile organic compound;

1166

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

1167

7412; or

1168

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

1169

quality standard has been adopted.

1170

     Section 16.  Section 403.0623, Florida Statutes, is amended

1171

to read:

1172

     403.0623  Environmental data; quality assurance.--The

1173

department must establish, by rule, appropriate quality assurance

1174

requirements for environmental data submitted to the department

1175

and the criteria by which environmental data may be rejected by

1176

the department. The department may adopt and enforce rules to

1177

establish data quality objectives and specify requirements for

1178

training of laboratory and field staff, sample collection

1179

methodology, proficiency testing, and audits of laboratory and

1180

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

1181

laboratory certification provisions under ss. 403.0625 and

1182

403.863.

1183

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

1184

Statutes, is amended to read:

1185

     403.0872  Operation permits for major sources of air

1186

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

1187

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

1188

the United States Environmental Protection Agency, beginning

1189

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

1190

electrical power plants certified under s. 403.511, must obtain

1191

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

1192

pollution under this section. This operation permit is the only

1193

department operation permit for a major source of air pollution

1194

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

1195

the department shall issue a separate acid rain permit for a

1196

major source of air pollution that is an affected source within

1197

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

1198

sources of air pollution, except general permits issued pursuant

1199

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

1200

contained in this section and in accordance with chapter 120;

1201

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

1202

provisions of this section, the procedures contained in this

1203

section prevail.

1204

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

1205

pollution means a stationary source of air pollution, or any

1206

group of stationary sources within a contiguous area and under

1207

common control, which emits any regulated air pollutant and which

1208

is any of the following:

1209

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

1210

7412(a)(1);

1211

     (b)  A major stationary source or major emitting facility

1212

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

1213

subchapter I, part C or part D;

1214

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

1215

7651a(1);

1216

     (d)  An air pollution source subject to standards or

1217

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

1218

source is not a major source solely because of its regulation

1219

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

1220

     (e)  A stationary air pollution source belonging to a

1221

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

1222

adopted by the administrator of the United States Environmental

1223

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

1224

shall exempt those facilities that are subject to this section

1225

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

1226

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

1227

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

1228

exemption is available under federal law.

1229

     Section 18.  Section 373.109, Florida Statutes, is amended

1230

to read:

1231

     373.109  Permit application fees.--When a water management

1232

district governing board, the department, or a local government

1233

implements a regulatory system under this chapter or one which

1234

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

1235

schedule of fees for filing applications for the required

1236

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

1237

department, or the local government for processing, monitoring,

1238

and inspecting for compliance with the permit.

1239

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

1240

than December 1, 2008, to increase each application fee

1241

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

1242

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

1243

adjustment in the Consumer Price Index compiled by the United

1244

States Department of Labor, or similar inflation indicator, since

1245

the original fee was established or most recently revised. The

1246

department shall establish by rule the inflation index to be used

1247

for this purpose.

1248

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

1249

a noticed general permit or individual permit as established in

1250

department rules.

1251

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

1252

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

1253

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

1254

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

1255

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

1256

not to exceed $500 for conducting informal wetland boundary

1257

determinations as a public service to applicants or potential

1258

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

1259

wetland boundary determination is not an application for a

1260

permit, is not subject to the permit review timeframes

1261

established in this chapter or chapter 120, and does not

1262

constitute final agency action.

1263

     (2) The department shall review the fees authorized under

1264

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

1265

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

1266

Consumer Price Index or similar inflation indicator. In the event

1267

of deflation, the department shall consult with the Executive

1268

Office of the Governor and the Legislature to determine whether

1269

downward fee adjustments are appropriate based on the current

1270

budget and appropriation considerations.

1271

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

1272

section shall be allocated for the use of the water management

1273

district, the department, or the local government, whichever

1274

processed the permit, and shall be in addition to moneys

1275

otherwise appropriated in any general appropriation act. All

1276

moneys received by the department under the provisions of this

1277

section shall be deposited in the Florida Permit Fee Trust Fund

1278

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

1279

provided therein. Moneys received by a water management district

1280

or the department under the provisions of this section shall be

1281

in addition to moneys otherwise appropriated in any general

1282

appropriation act.

1283

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

1284

established hereunder constitutes grounds for revocation or

1285

denial of the permit.

1286

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

1287

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

1288

amounts shall remain in effect until the effective date of fees

1289

adopted by rule by the department.

1290

     Section 19.  Section 403.087, Florida Statutes, is amended

1291

to read:

1292

     403.087  Permits; general issuance; denial; revocation;

1293

prohibition; penalty.--

1294

     (1)  A stationary installation that is reasonably expected

1295

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

1296

maintained, constructed, expanded, or modified without an

1297

appropriate and currently valid permit issued by the department,

1298

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

1299

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

1300

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

1301

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

1302

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

1303

the department in accordance with this chapter and the rules of

1304

the department.

1305

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

1306

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

1307

permits under this section.

1308

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

1309

wastewater treatment facility other than a facility regulated

1310

under the National Pollutant Discharge Elimination System (NPDES)

1311

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

1312

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

1313

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

1314

with a financial incentive, if:

1315

     (a)  The waters from the treatment facility are not

1316

discharged to Class I municipal injection wells or the treatment

1317

facility is not required to comply with the federal standards

1318

under the Underground Injection Control Program under chapter 62-

1319

528 of the Florida Administrative Code;

1320

     (b)  The treatment facility is not operating under a

1321

temporary operating permit or a permit with an accompanying

1322

administrative order and does not have any enforcement action

1323

pending against it by the United States Environmental Protection

1324

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

1325

403.182;

1326

     (c)  The treatment facility has operated under an operation

1327

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

1328

generally operated in conformance with the limits of permitted

1329

flows and other conditions specified in the permit;

1330

     (d)  The department has reviewed the discharge-monitoring

1331

reports required under department rule and is satisfied that the

1332

reports are accurate;

1333

     (e)  The treatment facility has generally met water quality

1334

standards in the preceding 2 years, except for violations

1335

attributable to events beyond the control of the treatment plant

1336

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

1337

or other abnormal events that could not reasonably be expected to

1338

occur; and

1339

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

1340

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

1341

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

1342

the facility that it is not exceeding the permitted capacity and

1343

is in substantial compliance.

1344

1345

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

1346

permits applied for and the number and duration of permits issued

1347

for longer than 5 years.

1348

     (4)  The department shall issue permits on such conditions

1349

as are necessary to effect the intent and purposes of this

1350

section.

1351

     (5)  The department shall issue permits to construct,

1352

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

1353

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

1354

determines that the installation is provided or equipped with

1355

pollution control facilities that will abate or prevent pollution

1356

to the degree that will comply with the standards or rules

1357

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

1358

403.0872. However, separate construction permits shall not be

1359

required for installations permitted under s. 403.0885, except

1360

that the department may require an owner or operator proposing to

1361

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

1362

department review, as part of application for permit or permit

1363

modification, engineering plans, preliminary design reports, or

1364

other information 90 days prior to commencing construction. The

1365

department may also require the engineer of record or another

1366

registered professional engineer, within 30 days after

1367

construction is complete, to certify that the construction was

1368

completed in accordance with the plans submitted to the

1369

department, noting minor deviations which were necessary because

1370

of site-specific conditions.

1371

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

1372

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

1373

costs of reviewing and acting upon any application for a permit

1374

or request for site-specific alternative criteria or for an

1375

exemption from water quality criteria and to cover the costs of

1376

surveillance and other field services and related support

1377

activities associated with any permit or plan approval issued

1378

pursuant to this chapter. The department shall review the fees

1379

authorized under this chapter at least once every 5 years and

1380

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

1381

established in this paragraph to reflect changes in the Consumer

1382

Price Index or similar inflation indicator. The department shall

1383

establish by rule the inflation index to be used for this

1384

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

1385

with the Executive Office of the Governor and the Legislature to

1386

determine whether downward fee adjustments are appropriate based

1387

on the current budget and appropriation considerations. However,

1388

when an application is received without the required fee, the

1389

department shall acknowledge receipt of the application and shall

1390

immediately return the unprocessed application to the applicant

1391

and shall take no further action until the application is

1392

received with the appropriate fee. The department shall adopt a

1393

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

1394

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

1395

     a.  Hazardous waste, construction permit.

1396

     b.  Hazardous waste, operation permit.

1397

     c.  Hazardous waste, postclosure permit, or clean closure

1398

plan approval.

1399

     d.  Hazardous waste, corrective action permit.

1400

     2. The permit fee for a drinking water construction or

1401

operation permit, not including the operation license fee

1402

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

1403

exceed $15,000.

1404

     3.2. The permit fee for a Class I injection well

1405

construction permit may not exceed $12,500.

1406

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

1407

not exceed $10,000:

1408

     a.  Solid waste, construction permit.

1409

     b.  Solid waste, operation permit.

1410

     c.  Class I injection well, operation permit.

1411

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

1412

not exceed $7,500:

1413

     a.  Air pollution, construction permit.

1414

     b.  Solid waste, closure permit.

1415

     c. Drinking water, construction or operation permit.

1416

     c.d. Domestic waste residuals, construction or operation

1417

permit.

1418

     d.e. Industrial waste, operation permit.

1419

     e.f. Industrial waste, construction permit.

1420

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

1421

not exceed $5,000:

1422

     a.  Domestic waste, operation permit.

1423

     b.  Domestic waste, construction permit.

1424

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

1425

not exceed $4,000:

1426

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

1427

mangrove alteration), standard form permit.

1428

     b.  Hazardous waste, research and development permit.

1429

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

1430

to s. 403.0872.

1431

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

1432

abandonment permits.

1433

     8. The permit fee for a drinking water distribution system

1434

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

1435

may not exceed $1,000.

1436

     9.7. The permit fee for Class V injection wells,

1437

construction, operation, and abandonment permits may not exceed

1438

$750.

1439

     10.8. The permit fee for domestic waste collection system

1440

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

1441

     a. Domestic waste, collection system permits.

1442

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

1443

mangrove alterations), short permit form.

1444

     c. Drinking water, distribution system permit.

1445

     11.9. The permit fee for stormwater operation permits may

1446

not exceed $100.

1447

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

1448

permit fees for permits that require certification by a

1449

registered professional engineer or professional geologist may

1450

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

1451

types may not exceed $100.

1452

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

1453

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

1454

requested by the applicant is $1,000.

1455

     14.12. The regulatory program and surveillance fees for

1456

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

1457

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

1458

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

1459

department has been granted administrative authority, shall be

1460

limited as follows:

1461

     a.  The fees for domestic wastewater facilities shall not

1462

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

1463

scale of fees based on the permitted capacity and shall ensure

1464

smaller domestic waste dischargers do not bear an inordinate

1465

share of costs of the program.

1466

     b.  The annual fees for industrial waste facilities shall

1467

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

1468

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

1469

the industrial waste discharge and shall ensure smaller

1470

industrial waste dischargers do not bear an inordinate share of

1471

costs of the program.

1472

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

1473

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

1474

review required for permit modification or construction

1475

engineering plans.

1476

     (b)  If substantially similar air pollution sources are to

1477

be constructed or modified at the same facility, the applicant

1478

may submit a single application and permit fee for construction

1479

or modification of the sources at that facility. If substantially

1480

similar air pollution sources located at the same facility do not

1481

constitute a major source of air pollution subject to permitting

1482

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

1483

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

1484

may develop, by rule, criteria for determining what constitutes

1485

substantially similar sources.

1486

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

1487

of each fee shall be reasonably related to the costs of

1488

permitting, field services, and related support activities for

1489

the particular permitting activity taking into consideration

1490

consistently applied standard cost-accounting principles and

1491

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

1492

permit condition, that a permit be renewed more frequently than

1493

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

1494

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

1495

     (d)  Nothing in this subsection authorizes the construction

1496

or expansion of any stationary installation except to the extent

1497

specifically authorized by department permit or rule.

1498

     (e)  For all domestic waste collection system permits and

1499

drinking water distribution system permits, the department shall

1500

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

1501

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

1502

dwelling units, or any combination of these factors. The

1503

department shall require a separate permit application and fee

1504

for each noncontiguous project within the system.

1505

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

1506

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

1507

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

1508

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

1509

her application;

1510

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

1511

regulations, or permit conditions;

1512

     (c)  Has failed to submit operational reports or other

1513

information required by department rule or regulation; or

1514

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

1515

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

1516

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

1517

activity relating to the extraction of solid minerals not exempt

1518

pursuant to chapter 211 within any state or national park or

1519

state or national forest when the activity will degrade the

1520

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

1521

within those areas. In the event the Federal Government prohibits

1522

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

1523

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

1524

shall not apply to those federal lands.

1525

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

1526

in this chapter.

1527

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

1528

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

1529

amounts shall remain in effect until the effective date of fees

1530

adopted by rule by the department.

1531

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

1532

Florida Statutes, are amended to read:

1533

     403.861  Department; powers and duties.--The department

1534

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

1535

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

1536

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

1537

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

1538

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

1539

served by the system, including issuance of an annual operation

1540

license.

1541

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

1542

system based upon review of a preliminary design report or plans

1543

and specifications, and a completed permit application form, and

1544

other required information as set forth in department rule,

1545

including receipt of an appropriate fee. The department may

1546

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

1547

costs of viewing and acting upon any application for the

1548

construction and operation of a public water supply system and

1549

the costs of surveillance and other field services associated

1550

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

1551

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

1552

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

1553

population served by the system that is proposed by the

1554

applicant.

1555

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

1556

shall submit annually to the department an operation license fee,

1557

separate from and in addition to any permit application fees

1558

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

1559

department rule. The amount of each fee shall be reasonably

1560

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

1561

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

1562

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

1563

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

1564

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

1565

department rule.

1566

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

1567

increase each drinking water permit application fee authorized

1568

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

1569

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

1570

adjustment in the Consumer Price Index compiled by the United

1571

States Department of Labor, or similar inflation indicator, since

1572

the original fee was established or most recently revised.

1573

     (a) The department shall establish by rule the inflation

1574

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

1575

the drinking water permit application fees authorized under s.

1576

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

1577

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

1578

caps to reflect changes in the Consumer Price Index or similar

1579

inflation indicator. In the event of deflation, the department

1580

shall consult with the Executive Office of the Governor and the

1581

Legislature to determine whether downward fee adjustments are

1582

appropriate based on the current budget and appropriation

1583

considerations. The department shall also review the drinking

1584

water operation license fees established pursuant to paragraph

1585

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

1586

same inflationary adjustments provided for in this subsection.

1587

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

1588

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

1589

shall remain in effect until the effective date of fees adopted

1590

by rule by the department.

1591

     Section 21.  Section 403.873, Florida Statutes, is amended

1592

to read:

1593

     403.873  Renewal of license.--

1594

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

1595

the renewal application, proof of completion of department-

1596

approved continuing education units during the current biennium,

1597

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

1598

of ss. 403.865-403.876.

1599

     (2)  The department shall adopt rules establishing a

1600

procedure for the biennial renewal of licenses, including the

1601

requirements for continuing education.

1602

     Section 22.  Section 403.874, Florida Statutes, is amended

1603

to read:

1604

     403.874  Inactive status.--

1605

     (1)  The department shall reactivate an inactive license

1606

upon receipt of the reactivation application and fee within the

1607

2-year period immediately following the expiration date of the

1608

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

1609

shall be null and void and an operator seeking a license

1610

thereafter must meet the training, examination, and experience

1611

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

1612

     (2)  The department shall adopt rules relating to licenses

1613

that have become inactive and for the reactivation of inactive

1614

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

1615

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

1616

     Section 23. The Department of Environmental Protection may

1617

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

1618

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

1619

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

1620

Use Caution Area designated by rule by the Southwest Florida

1621

Water Management District. This section applies to all

1622

applications for any Class I landfill permit submitted after

1623

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

1624

permit.

1625

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

1626

     Section 25. Chapter 325, Florida Statutes, consisting of

1627

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

1628

repealed.

1629

     Section 26. Section 403.08725, Florida Statutes, is

1630

repealed.

1631

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

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