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A bill to be entitled

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An act relating to energy; amending s. 20.255, F.S.;

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providing for the Florida Energy Office to be located

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within the Department of Environmental Protection;

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amending s. 403.061, F.S.; authorizing the department to

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coordinate the development, review, and implementation of

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the state's energy policy; providing an effective 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 amended to

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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 Greenways and Trails.

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     7. Florida Energy Office.

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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 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.

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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 403.061, Florida Statutes, is amended to

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read:

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     403.061  Department; powers and duties.--The department

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shall have the power and the duty to control and prohibit

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pollution of air and water in accordance with the law and rules

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adopted and promulgated by it and, for this purpose, to:

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     (1)  Approve and promulgate current and long-range plans

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developed to provide for air and water quality control and

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pollution abatement.

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     (2)  Hire only such employees as may be necessary to

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effectuate the responsibilities of the department.

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     (3)  Utilize the facilities and personnel of other state

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agencies, including the Department of Health, and delegate to any

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such agency any duties and functions as the department may deem

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necessary to carry out the purposes of this act.

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     (4)  Secure necessary scientific, technical, research,

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administrative, and operational services by interagency

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agreement, by contract, or otherwise. All state agencies, upon

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direction of the department, shall make these services and

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facilities available.

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     (5)  Accept state appropriations and loans and grants from

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the Federal Government and from other sources, public or private,

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which loans and grants shall not be expended for other than the

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purposes of this act.

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     (6)  Exercise general supervision of the administration and

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enforcement of the laws, rules, and regulations pertaining to air

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and water pollution.

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     (7)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to

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implement the provisions of this act. Any rule adopted pursuant

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to this act shall be consistent with the provisions of federal

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law, if any, relating to control of emissions from motor

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vehicles, effluent limitations, pretreatment requirements, or

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standards of performance. No county, municipality, or political

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subdivision shall adopt or enforce any local ordinance, special

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law, or local regulation requiring the installation of Stage II

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vapor recovery systems, as currently defined by department rule,

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unless such county, municipality, or political subdivision is or

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has been in the past designated by federal regulation as a

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moderate, serious, or severe ozone nonattainment area. Rules

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adopted pursuant to this act shall not require dischargers of

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waste into waters of the state to improve natural background

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conditions. Discharges from steam electric generating plants

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existing or licensed under this chapter on July 1, 1984, shall

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not be required to be treated to a greater extent than may be

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necessary to assure that the quality of nonthermal components of

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discharges from nonrecirculated cooling water systems is as high

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as the quality of the makeup waters; that the quality of

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nonthermal components of discharges from recirculated cooling

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water systems is no lower than is allowed for blowdown from such

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systems; or that the quality of noncooling system discharges

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which receive makeup water from a receiving body of water which

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does not meet applicable department water quality standards is as

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high as the quality of the receiving body of water. The

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department may not adopt standards more stringent than federal

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regulations, except as provided in s. 403.804.

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     (8)  Issue such orders as are necessary to effectuate the

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control of air and water pollution and enforce the same by all

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appropriate administrative and judicial proceedings.

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     (9)  Adopt a comprehensive program for the prevention,

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control, and abatement of pollution of the air and waters of the

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state, and from time to time review and modify such program as

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necessary.

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     (10)  Develop a comprehensive program for the prevention,

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abatement, and control of the pollution of the waters of the

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state. In order to effect this purpose, a grouping of the waters

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into classes may be made in accordance with the present and

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future most beneficial uses. Such classifications may from time

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to time be altered or modified. However, before any such

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classification is made, or any modification made thereto, public

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hearings shall be held by the department.

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     (11)  Establish ambient air quality and water quality

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standards for the state as a whole or for any part thereof, and

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also standards for the abatement of excessive and unnecessary

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noise. The department is authorized to establish reasonable zones

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of mixing for discharges into waters.

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     (a)  When a receiving body of water fails to meet a water

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quality standard for pollutants set forth in department rules, a

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steam electric generating plant discharge of pollutants that is

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existing or licensed under this chapter on July 1, 1984, may

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nevertheless be granted a mixing zone, provided that:

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     1.  The standard would not be met in the water body in the

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absence of the discharge;

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     2.  The discharge is in compliance with all applicable

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technology-based effluent limitations;

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     3.  The discharge does not cause a measurable increase in

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the degree of noncompliance with the standard at the boundary of

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the mixing zone; and

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     4.  The discharge otherwise complies with the mixing zone

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provisions specified in department rules.

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     (b)  No mixing zone for point source discharges shall be

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permitted in Outstanding Florida Waters except for:

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     1.  Sources that have received permits from the department

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prior to April 1, 1982, or the date of designation, whichever is

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later;

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     2.  Blowdown from new power plants certified pursuant to the

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Florida Electrical Power Plant Siting Act;

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     3.  Discharges of water necessary for water management

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purposes which have been approved by the governing board of a

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water management district and, if required by law, by the

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secretary; and

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     4.  The discharge of demineralization concentrate which has

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been determined permittable under s. 403.0882 and which meets the

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specific provisions of s. 403.0882(4)(a) and (b), if the proposed

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discharge is clearly in the public interest.

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     (c)  The department, by rule, shall establish water quality

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criteria for wetlands which criteria give appropriate recognition

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to the water quality of such wetlands in their natural state.

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Nothing in this act shall be construed to invalidate any existing

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department rule relating to mixing zones. The department shall

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cooperate with the Department of Highway Safety and Motor

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Vehicles in the development of regulations required by s.

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316.272(1).

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     (12)(a)  Cause field studies to be made and samples to be

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taken out of the air and from the waters of the state

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periodically and in a logical geographic manner so as to

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determine the levels of air quality of the air and water quality

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of the waters of the state.

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     (b)  Determine the source of the pollution whenever a study

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is made or a sample collected which proves to be below the air or

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water quality standard set for air or water.

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     (13)  Require persons engaged in operations which may result

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in pollution to file reports which may contain information

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relating to locations, size of outlet, height of outlet, rate and

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period of emission, and composition and concentration of effluent

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and such other information as the department shall prescribe to

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be filed relative to pollution.

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     (14)  Establish a permit system whereby a permit may be

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required for the operation, construction, or expansion of any

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installation that may be a source of air or water pollution and

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provide for the issuance and revocation of such permits and for

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the posting of an appropriate bond to operate.

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     (a)  Notwithstanding any other provision of this chapter,

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the department may authorize, by rule, the Department of

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Transportation to perform any activity requiring a permit from

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the department covered by this chapter, upon certification by the

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Department of Transportation that it will meet all requirements

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imposed by statute, rule, or standard for environmental control

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and protection as such statute, rule, or standard applies to a

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governmental program. To this end, the department may accept such

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certification of compliance for programs of the Department of

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Transportation, may conduct investigations for compliance, and,

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if a violation is found to exist, may take all necessary

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enforcement action pertaining thereto, including, but not limited

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to, the revocation of certification. The authorization shall be

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by rule of the department, shall be limited to the maintenance,

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repair, or replacement of existing structures, and shall be

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conditioned upon compliance by the Department of Transportation

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with specific guidelines or requirements which are set forth in

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the formal acceptance and deemed necessary by the department to

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assure future compliance with this chapter and applicable

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department rules. The failure of the Department of Transportation

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to comply with any provision of the written acceptance shall

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constitute grounds for its revocation by the department.

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     (b)  The provisions of chapter 120 shall be accorded any

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person when substantial interests will be affected by an activity

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proposed to be conducted by the Department of Transportation

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pursuant to its certification and the acceptance of the

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department. If a proceeding is conducted pursuant to ss. 120.569

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and 120.57, the department may intervene as a party. Should an

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administrative law judge of the Division of Administrative

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Hearings of the Department of Management Services submit a

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recommended order pursuant to ss. 120.569 and 120.57, the

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department shall issue a final department order adopting,

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rejecting, or modifying the recommended order pursuant to such

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action.

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     (15)  Consult with any person proposing to construct,

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install, or otherwise acquire a pollution control device or

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system concerning the efficacy of such device or system, or the

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pollution problem which may be related to the source, device, or

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system. Nothing in any such consultation shall be construed to

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relieve any person from compliance with this act, rules and

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regulations of the department, or any other provision of law.

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     (16)  Encourage voluntary cooperation by persons and

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affected groups to achieve the purposes of this act.

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     (17)  Encourage local units of government to handle

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pollution problems within their respective jurisdictions on a

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cooperative basis and provide technical and consultative

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assistance therefor.

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     (18)  Encourage and conduct studies, investigations, and

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research relating to pollution and its causes, effects,

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prevention, abatement, and control.

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     (19)  Make a continuing study of the effects of the emission

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of air contaminants from motor vehicles on the quality of the

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outdoor atmosphere of this state and the several parts thereof

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and make recommendations to appropriate public and private bodies

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with respect thereto.

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     (20)  Collect and disseminate information and conduct

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educational and training programs relating to pollution.

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     (21)  Advise, consult, cooperate, and enter into agreements

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with other agencies of the state, the Federal Government, other

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states, interstate agencies, groups, political subdivisions, and

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industries affected by the provisions of this act, rules, or

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policies of the department. However, the secretary of the

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department shall not enter into any interstate agreement relating

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to the transport of ozone precursor pollutants, nor modify its

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rules based upon a recommendation from the Ozone Transport

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Assessment Group or any other such organization that is not an

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official subdivision of the United States Environmental

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Protection Agency but which studies issues related to the

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transport of ozone precursor pollutants, without prior review and

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specific legislative approval.

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     (22)  Adopt, modify, and repeal rules governing the

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specifications, construction, and maintenance of industrial

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reservoirs, dams, and containers which store or retain industrial

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wastes of a deleterious nature.

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     (23)  Adopt rules and regulations to ensure that no

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detergents are sold in Florida after December 31, 1972, which are

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reasonably found to have a harmful or deleterious effect on human

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health or on the environment. Any regulations adopted pursuant to

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this subsection shall apply statewide. Subsequent to the

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promulgation of such rules and regulations, no county,

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municipality, or other local political subdivision shall adopt or

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enforce any local ordinance, special law, or local regulation

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governing detergents which is less stringent than state law or

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regulation. Regulations, ordinances, or special acts adopted by a

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county or municipality governing detergents shall be subject to

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approval by the department, except that regulations, ordinances,

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or special acts adopted by any county or municipality with a

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local pollution control program approved pursuant to s. 403.182

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shall be approved as an element of the local pollution control

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program.

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     (24)(a)  Establish a permit system to provide for spoil site

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approval, as may be requested and required by local governmental

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agencies as defined in s. 403.1822(3), or mosquito control

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districts as defined in s. 388.011(5), to facilitate these

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agencies in providing spoil sites for the deposit of spoil from

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maintenance dredging of navigation channels, port harbors,

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turning basins, and harbor berths, as part of a federal project,

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when the agency is acting as sponsor of a contemplated dredge and

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fill operation involving an established navigation channel,

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harbor, turning basin, or harbor berth. A spoil site approval

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granted to the agency shall be granted for a period of 10 to 25

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years when such site is not inconsistent with an adopted local

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governmental comprehensive plan and the requirements of this

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chapter. The department shall periodically review each permit to

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determine compliance with the terms and conditions of the permit.

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Such review shall be conducted at least once every 10 years.

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     (b)  This subsection applies only to those maintenance

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dredging operations permitted after July 1, 1980, where the

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United States Army Corps of Engineers is the prime dredge and

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fill agent and the local governmental agency is acting as sponsor

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for the operation, and does not require the redesignation of

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currently approved spoil sites under such previous operations.

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     (25)  Establish and administer a program for the restoration

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and preservation of bodies of water within the state. The

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department shall have the power to acquire lands, to cooperate

380

with other applicable state or local agencies to enhance existing

381

public access to such bodies of water, and to adopt all rules

382

necessary to accomplish this purpose.

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     (26)(a)  Develop standards and criteria for waters used for

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deepwater shipping which standards and criteria consider existing

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water quality; appropriate mixing zones and other requirements

386

for maintenance dredging in previously constructed deepwater

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navigation channels, port harbors, turning basins, or harbor

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berths; and appropriate mixing zones for disposal of spoil

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material from dredging and, where necessary, develop a separate

390

classification for such waters. Such classification, standards,

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and criteria shall recognize that the present dedicated use of

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these waters is for deepwater commercial navigation.

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     (b)  The provisions of paragraph (a) apply only to the port

394

waters, spoil disposal sites, port harbors, navigation channels,

395

turning basins, and harbor berths used for deepwater commercial

396

navigation in the ports of Jacksonville, Tampa, Port Everglades,

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Miami, Port Canaveral, Ft. Pierce, Palm Beach, Port Manatee, Port

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St. Joe, Panama City, St. Petersburg, Port Bartow, Florida Power

399

Corporation's Crystal River Canal, Boca Grande, Green Cove

400

Springs, and Pensacola.

401

     (27)  Establish rules which provide for a special category

402

of water bodies within the state, to be referred to as

403

"Outstanding Florida Waters," which water bodies shall be worthy

404

of special protection because of their natural attributes.

405

Nothing in this subsection shall affect any existing rule of the

406

department.

407

     (28)  Perform any other act necessary to control and

408

prohibit air and water pollution, and to delegate any of its

409

responsibilities, authority, and powers, other than rulemaking

410

powers, to any state agency now or hereinafter established.

411

     (29)  Adopt by rule special criteria to protect Class II

412

shellfish harvesting waters. Rules previously adopted by the

413

department in rule 17-4.28(8)(a), Florida Administrative Code,

414

are hereby ratified and determined to be a valid exercise of

415

delegated legislative authority and shall remain in effect unless

416

amended by the Environmental Regulation Commission.

417

     (30)  Establish requirements by rule that reasonably protect

418

the public health and welfare from electric and magnetic fields

419

associated with existing 230 kV or greater electrical

420

transmission lines, new 230 kV and greater electrical

421

transmission lines for which an application for certification

422

under the Florida Electric Transmission Line Siting Act, ss.

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403.52-403.5365, is not filed, new or existing electrical

424

transmission or distribution lines with voltage less than 230 kV,

425

and substation facilities. Notwithstanding any other provision in

426

this chapter or any other law of this state or political

427

subdivision thereof, the department shall have exclusive

428

jurisdiction in the regulation of electric and magnetic fields

429

associated with all electrical transmission and distribution

430

lines and substation facilities. However, nothing herein shall be

431

construed as superseding or repealing the provisions of s.

432

403.523(1) and (10).

433

     (31)  Adopt rules necessary to obtain approval from the

434

United States Environmental Protection Agency to administer the

435

Federal National Pollution Discharge Elimination System (NPDES)

436

permitting program in Florida under ss. 318, 402, and 405 of the

437

Federal Clean Water Act, Pub. L. No. 92-500, as amended. This

438

authority shall be implemented consistent with the provisions of

439

part II, which shall be applicable to facilities certified

440

thereunder. The department shall establish all rules, standards,

441

and requirements that regulate the discharge of pollutants into

442

waters of the United States as defined by and in a manner

443

consistent with federal regulations; provided, however, that the

444

department may adopt a standard that is stricter or more

445

stringent than one set by the United States Environmental

446

Protection Agency if approved by the Governor and Cabinet in

447

accordance with the procedures of s. 403.804(2).

448

     (32)  Coordinate the state's stormwater program.

449

     (33)  Establish and administer programs providing

450

appropriate incentives that have the following goals, in order of

451

importance:

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     (a)  Preventing and reducing pollution at its source.

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     (b)  Recycling contaminants that have the potential to

454

pollute.

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     (c)  Treating and neutralizing contaminants that are

456

difficult to recycle.

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     (d)  Disposing of contaminants only after other options have

458

been used to the greatest extent practicable.

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     (34)  Adopt rules which may include stricter permitting and

460

enforcement provisions within Outstanding Florida Waters, aquatic

461

preserves, areas of critical state concern, and areas subject to

462

chapter 380 resource management plans adopted by rule by the

463

Administration Commission, when the plans for an area include

464

waters that are particularly identified as needing additional

465

protection, which provisions are not inconsistent with the

466

applicable rules adopted for the management of such areas by the

467

department and the Governor and Cabinet.

468

     (35)  Exercise the duties, powers, and responsibilities

469

required of the state under the federal Clean Air Act, 42 U.S.C.

470

ss. 7401 et seq. The department shall implement the programs

471

required under that act in conjunction with its other powers and

472

duties. Nothing in this subsection shall be construed to repeal

473

or supersede any of the department's existing rules.

474

     (36)  Establish statewide standards for persons engaged in

475

determining visible air emissions and to require these persons to

476

obtain training to meet such standards.

477

     (37)  Enter into a memorandum of agreement with the Florida

478

Ports Council which provides a supplemental permitting process

479

for the issuance of a joint coastal permit pursuant to s. 161.055

480

or environmental resource permit pursuant to part IV of chapter

481

373, to a port listed in s. 311.09(1), for maintenance dredging

482

and the management of dredged materials from maintenance dredging

483

of all navigation channels, port harbors, turning basins, and

484

harbor berths. Such permit shall be issued for a period of 5

485

years and shall be annually extended for an additional year if

486

the port is in compliance with all permit conditions at the time

487

of extension. The department is authorized to adopt rules to

488

implement this subsection.

489

     (38)  Enter into a memorandum of agreement with the Florida

490

Ports Council which provides a supplemental permitting process

491

for the issuance of a conceptual joint coastal permit pursuant to

492

s. 161.055 or environmental resource permit pursuant to part IV

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of chapter 373, to a port listed in s. 311.09(1), for dredging

494

and the management of materials from dredging and for other

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related activities necessary for development, including the

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expansion of navigation channels, port harbors, turning basins,

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harbor berths, and associated facilities. Such permit shall be

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issued for a period of up to 15 years. The department is

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authorized to adopt rules to implement this subsection.

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     (39)  Enter into a memorandum of agreement with the Florida

501

Inland Navigation District and the West Coast Inland Navigation

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District, or their successor agencies, to provide a supplemental

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process for issuance of joint coastal permits pursuant to s.

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161.055 or environmental resource permits pursuant to part IV of

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chapter 373 for regional waterway management activities,

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including, but not limited to, maintenance dredging, spoil

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disposal, public recreation, inlet management, beach nourishment,

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and environmental protection directly related to public

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navigation and the construction, maintenance, and operation of

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Florida's inland waterways. The department is authorized to adopt

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rules to implement this subsection.

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     (40)  Serve as the state's single point of contact for

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performing the responsibilities described in Presidential

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Executive Order 12372, including administration and operation of

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the Florida State Clearinghouse. The Florida State Clearinghouse

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shall be responsible for coordinating interagency reviews of the

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following: federal activities and actions subject to the federal

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consistency requirements of s. 307 of the Coastal Zone Management

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Act; documents prepared pursuant to the National Environmental

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Policy Act, 42 U.S.C. ss. 4321 et seq., and the Outer Continental

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Shelf Lands Act, 43 U.S.C. ss. 1331 et seq.; applications for

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federal funding pursuant to s. 216.212; and other notices and

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information regarding federal activities in the state, as

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appropriate. The Florida State Clearinghouse shall ensure that

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state agency comments and recommendations on the environmental,

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social, and economic impact of proposed federal actions are

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communicated to federal agencies, applicants, local governments,

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and interested parties.

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     (41) Coordinate the development, review, and implementation

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of the state's energy policy.

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The department shall implement such programs in conjunction with

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its other powers and duties and shall place special emphasis on

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reducing and eliminating contamination that presents a threat to

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humans, animals or plants, or to the environment.

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     Section 3.  This act shall take effect July 1, 2008.