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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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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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
443
year. Payments under this subparagraph shall be made to the
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counties unless the Legislature by special act creates a local
445
authority to promote and direct the economic development of the
446
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
470
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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of trustees may delegate to the department any statutory duty or
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obligation relating to the acquisition, administration, or
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disposition of lands, title to which is or will be vested in the
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board of trustees. The board of trustees may also delegate to any
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water management district created under s. 373.069 the authority
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to take final agency action, without any action on behalf of the
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board, on applications for authorization to use board of
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trustees-owned submerged lands for any activity regulated under
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part IV of chapter 373 for which the water management district
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has permitting responsibility as set forth in an operating
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agreement adopted pursuant to s. 373.046(4). This water
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management district responsibility under this subsection shall be
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subject to the department's general supervisory authority
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pursuant to s. 373.026(7). The board of trustees may also
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delegate to the Department of Agriculture and Consumer Services
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the authority to take final agency action on behalf of the board
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on applications to use board of trustees-owned submerged lands
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for any activity for which that department has responsibility
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trustees shall retain the authority to take final agency action
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on establishing any areas for leasing, new leases, expanding
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existing lease areas, or changing the type of lease activity in
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existing leases. Upon issuance of an aquaculture lease or other
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real property transaction relating to aquaculture, the Department
506
of Agriculture and Consumer Services must send a copy of the
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document and the accompanying survey to the Department of
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Environmental Protection. The board of trustees may also delegate
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to the Fish and Wildlife Conservation Commission the authority to
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take final agency action, without any action on behalf of the
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board, on applications for authorization to use board of
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trustees-owned submerged lands for any activity regulated under
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
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
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
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
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
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,
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
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
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
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
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
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
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
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
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.