CS/HB 1349

1	A bill to be entitled
2	An act relating to environmental protection; amending s.
3	253.034, F.S.; establishing a date by which land
4	management plans for conservation lands must contain
5	certain outcomes, goals, and elements; amending s.
6	253.111, F.S.; deleting a 40-day timeframe for a board of
7	county commissioners to decide whether to acquire county
8	land being sold by the Board of Trustees of the Internal
9	Improvement Trust Fund; amending s. 259.035, F.S.;
10	increasing the maximum number of terms of appointed
11	members of the Acquisition and Restoration Council;
12	revising provisions for the appointment of members;
13	clarifying that vacancies in the unexpired term of
14	appointed members shall be filled in the same manner as
15	the original appointment; requiring a majority vote of the
16	council for certain decisions; amending s. 259.037, F.S.;
17	establishing certain dates by which agencies managing
18	certain lands must submit certain reports and lists to the
19	Land Management Uniform Accounting Council; amending s.
20	259.105, F.S.; specifying capital project expenditures
21	eligible to receive certain proceeds from the Florida
22	Forever Trust Fund; revising legislative intent for the
23	distribution of funds from the Florida Communities Trust;
24	requiring the available point total for awarding grants to
25	public vessel access projects equal the available point
26	total for awarding grants to projects in low-income or
27	otherwise disadvantaged communities; requiring a majority
28	vote of the Acquisition and Restoration Council for
29	certain decisions; amending s. 253.12, F.S.; clarifying
30	that title to certain sovereignty lands that were
31	judicially adjudicated are excluded from automatically
32	becoming private property; amending s. 373.414, F.S.;
33	revising permitting criteria for activities in surface
34	waters and wetlands; providing a presumption of compliance
35	for certain permit applications for activities in surface
36	waters and wetlands; requiring the Department of
37	Environmental Protection and third parties to prove
38	noncompliance by a preponderance of the evidence in
39	challenges of such permit applications; amending s.
40	373.427, F.S.; increasing the amount of time for filing a
41	petition for an administrative hearing on an application
42	to use board of trustees-owned submerged lands; amending
43	s. 403.0876, F.S.; providing that the department's failure
44	to approve or deny certain air construction permits within
45	90 days does not automatically result in approval or
46	denial; amending s. 403.121, F.S.; excluding certain air
47	pollution violations from certain departmental actions;
48	clarifying when a respondent in an administrative action
49	is the prevailing party; revising the penalties that may
50	be assessed for violations involving drinking water
51	contamination, wastewater, dredge, fill, or stormwater,
52	mangrove trimming or alterations, solid waste, air
53	emission, storage tank system and petroleum contamination,
54	and waste cleanup; providing for assessment of
55	administrative penalties for other violations; increasing
56	fines relating to public water system requirements;
57	revising provisions relating to a limit on the amount of a
58	fine for a particular violation by certain violators;
59	amending ss. 712.03 and 712.04, F.S.; providing an
60	exception from an entitlement to marketable record title
61	to interests held by governmental entities; amending ss.
62	373.036, 373.4135, and 373.4136, F.S.; conforming cross-
63	references; providing an effective date.
64
65	Be It Enacted by the Legislature of the State of Florida:
66
67	Section 1.  Paragraphs (a) and (c) of subsection (5) of
68	section 253.034, Florida Statutes, are amended to read:
69	253.034  State-owned lands; uses.--
70	(5)  Each manager of conservation lands shall submit to the
71	Division of State Lands a land management plan at least every 10
72	years in a form and manner prescribed by rule by the board and
73	in accordance with the provisions of s. 259.032. Each manager of
74	conservation lands shall also update a land management plan
75	whenever the manager proposes to add new facilities or make
76	substantive land use or management changes that were not
77	addressed in the approved plan, or within 1 year of the addition
78	of significant new lands. Each manager of nonconservation lands
79	shall submit to the Division of State Lands a land use plan at
80	least every 10 years in a form and manner prescribed by rule by
81	the board. The division shall review each plan for compliance
82	with the requirements of this subsection and the requirements of
83	the rules established by the board pursuant to this section. All
84	land use plans, whether for single-use or multiple-use
85	properties, shall include an analysis of the property to
86	determine if any significant natural or cultural resources are
87	located on the property. Such resources include archaeological
88	and historic sites, state and federally listed plant and animal
89	species, and imperiled natural communities and unique natural
90	features. If such resources occur on the property, the manager
91	shall consult with the Division of State Lands and other
92	appropriate agencies to develop management strategies to protect
93	such resources. Land use plans shall also provide for the
94	control of invasive nonnative plants and conservation of soil
95	and water resources, including a description of how the manager
96	plans to control and prevent soil erosion and soil or water
97	contamination. Land use plans submitted by a manager shall
98	include reference to appropriate statutory authority for such
99	use or uses and shall conform to the appropriate policies and
100	guidelines of the state land management plan. Plans for managed
101	areas larger than 1,000 acres shall contain an analysis of the
102	multiple-use potential of the property, which analysis shall
103	include the potential of the property to generate revenues to
104	enhance the management of the property. Additionally, the plan
105	shall contain an analysis of the potential use of private land
106	managers to facilitate the restoration or management of these
107	lands. In those cases where a newly acquired property has a
108	valid conservation plan that was developed by a soil and
109	conservation district, such plan shall be used to guide
110	management of the property until a formal land use plan is
111	completed.
112	(a)  State lands shall be managed to ensure the
113	conservation of the state's plant and animal species and to
114	ensure the accessibility of state lands for the benefit and
115	enjoyment of all people of the state, both present and future.
116	Beginning July 1, 2009, each newly developed or updated land
117	management plan must shall provide a desired outcome, describe
118	both short-term and long-term management goals, and include
119	measurable objectives for achieving these to achieve those
120	goals. Short-term goals must shall be achievable within a 2-year
121	planning period, and long-term goals must shall be achievable
122	within a 10-year planning period. These short-term and long-term
123	management goals shall be the basis for all subsequent land
124	management activities.
125	(c)  Beginning July 1, 2009, a newly developed or updated
126	the land management plan must, shall at a minimum, contain the
127	following elements:
128	1.  A physical description of the land.
129	2.  A quantitative data description of the land which
130	includes an inventory of forest and other natural resources;
131	exotic and invasive plants; hydrological features;
132	infrastructure, including recreational facilities; and other
133	significant land, cultural, or historical features. The
134	inventory must shall reflect the number of acres for each
135	resource and feature, as when appropriate. The inventory shall
136	be of such detail that objective measures and benchmarks can be
137	established for each tract of land and monitored during the
138	lifetime of the plan. All quantitative data collected must shall
139	be aggregated, standardized, collected, and presented in an
140	electronic format to allow for uniform management reporting and
141	analysis. The information collected by the Department of
142	Environmental Protection pursuant to s. 253.0325(2) shall be
143	available to the land manager and his or her assignee.
144	3.  A detailed description of each short-term and long-term
145	land management goal, the associated measurable objectives, and
146	the related activities that are to be performed to meet the land
147	management objectives. Each land management objective must be
148	addressed by the land management plan, and where practicable,
149	may not no land management objective shall be performed to the
150	detriment of the other land management objectives.
151	4.  A schedule of land management activities which contains
152	short-term and long-term land management goals and the related
153	measurable objective and activities. The schedule must shall
154	include for each activity a timeline for completing each
155	activity completion, quantitative measures, and detailed expense
156	and manpower budgets. The schedule must shall provide a
157	management tool that facilitates the development of performance
158	measures.
159	5.  A summary budget for the scheduled land management
160	activities of the land management plan. For state lands
161	containing or anticipated to contain imperiled species habitat,
162	the summary budget must shall include any fees anticipated from
163	public or private entities for projects to offset adverse
164	impacts to imperiled species or such habitat, which fees shall
165	be used solely to restore, manage, enhance, repopulate, or
166	acquire imperiled species habitat. The summary budget must shall
167	be prepared in a such manner that it facilitates computing an
168	aggregate of land management costs for all state-managed lands
169	using the categories described in s. 259.037(3).
170	Section 2.  Subsection (2) of section 253.111, Florida
171	Statutes, is amended to read:
172	253.111  Notice to board of county commissioners before
173	sale.--The Board of Trustees of the Internal Improvement Trust
174	Fund of the state may not sell any land to which they hold title
175	unless and until they afford an opportunity to the county in
176	which such land is situated to receive such land on the
177	following terms and conditions:
178	(2)  The board of county commissioners of the county in
179	which such land is situated shall, within 40 days after receipt
180	of such notification from the board, determine by resolution
181	whether or not it proposes to acquire such land.
182	Section 3.  Subsections (1), (2), and (5) of section
183	259.035, Florida Statutes, are amended to read:
184	259.035  Acquisition and Restoration Council.--
185	(1)  There is created the Acquisition and Restoration
186	Council,.
187	(a)  The council shall be composed of 11 eleven voting
188	members, with six members appointed pursuant to paragraphs (a),
189	(b), and (c) four of whom shall be appointed by the Governor. Of
190	these four appointees, three shall be from scientific
191	disciplines related to land, water, or environmental sciences
192	and the fourth shall have at least 5 years of experience in
193	managing lands for both active and passive types of recreation.
194	They shall serve 4-year terms, except that, initially, to
195	provide for staggered terms, two of the appointees shall serve
196	2-year terms. All subsequent appointments shall be for 4-year
197	staggered terms. An No appointee may not shall serve more than
198	two terms 6 years. A vacancy shall be filled for the remainder
199	of an unexpired term in the same manner as the original
200	appointment. The Governor may at any time fill a vacancy for the
201	unexpired term of a member appointed under this paragraph.
202	(a)  Four members shall be appointed by the Governor. Three
203	of such members shall be from scientific disciplines related to
204	land, water, or environmental sciences and the fourth member
205	must have at least 5 years of experience in managing lands for
206	both active and passive types of recreation.
207	(b)  One member shall be appointed by the Commissioner of
208	Agriculture from a discipline related to agriculture, including
209	silviculture.
210	(c)  One member shall be appointed by the Fish and Wildlife
211	Conservation Commission from a discipline related to wildlife
212	management or wildlife ecology.
213	(d)(b)  The five remaining members appointees shall be
214	composed of the Secretary of Environmental Protection, the
215	director of the Division of Forestry of the Department of
216	Agriculture and Consumer Services, the executive director of the
217	Fish and Wildlife Conservation Commission, the director of the
218	Division of Historical Resources of the Department of State, and
219	the Secretary of the Department of Community Affairs, or their
220	respective designees.
221	(c)  One member shall be appointed by the Commissioner of
222	Agriculture with a discipline related to agriculture including
223	silviculture. One member shall be appointed by the Fish and
224	Wildlife Conservation Commission with a discipline related to
225	wildlife management or wildlife ecology.
226	(e)(d)  The Governor shall appoint the chair of the
227	council, and a vice chair shall be elected from among the
228	members.
229	(f)(e)  The council shall hold periodic meetings at the
230	request of the chair.
231	(g)(f)  The Department of Environmental Protection shall
232	provide primary staff support to the council and shall ensure
233	that council meetings are electronically recorded. Such
234	recording must shall be preserved pursuant to chapters 119 and
235	257.
236	(h)(g)  The board of trustees may has authority to adopt
237	rules pursuant to administer ss. 120.536(1) and 120.54 to
238	implement the provisions of this section.
239	(2)  The six appointed four members of the council
240	appointed pursuant to paragraph (a) and the two members of the
241	council appointed pursuant to paragraph (c) shall receive
242	reimbursement for expenses and per diem for travel, to attend
243	council meetings, as allowed state officers and employees while
244	in the performance of their duties, pursuant to s. 112.061.
245	(5)  An affirmative vote of six five members of the council
246	is required in order to change a project boundary or to place a
247	proposed project on a list developed pursuant to subsection (4).
248	Any member of the council who by family or a business
249	relationship has a connection with all or a portion of any
250	proposed project shall declare the interest before voting on its
251	inclusion on a list.
252	Section 4.  Paragraph (b) of subsection (3) and subsection
253	(6) of section 259.037, Florida Statutes, are amended to read:
254	259.037  Land Management Uniform Accounting Council.--
255	(3)
256	(b)  Beginning July 1, 2009, each reporting agency shall
257	also:
258	1.  Include a report of the available public use
259	opportunities for each management unit of state land, the total
260	management cost for public access and public use, and the cost
261	associated with each use option.
262	2.  List the acres of land requiring minimal management
263	effort, moderate management effort, and significant management
264	effort pursuant to s. 259.032(11)(c). For each category created
265	in paragraph (a), the reporting agency shall include the amount
266	of funds requested, the amount of funds received, and the amount
267	of funds expended for land management.
268	3.  List acres managed and cost of management for each
269	park, preserve, forest, reserve, or management area.
270	4.  List acres managed, cost of management, and lead
271	manager for each state lands management unit for which secondary
272	management activities were provided.
273	5.  Include a report of the estimated calculable financial
274	benefits to the public for the ecosystem services provided by
275	conservation lands, based on the best readily available
276	information or science that provides a standard measurement
277	methodology to be consistently applied by the land managing
278	agencies. Such information may include, but need not be limited
279	to, the value of natural lands for protecting the quality and
280	quantity of drinking water through natural water filtration and
281	recharge, contributions to protecting and improving air quality,
282	benefits to agriculture through increased soil productivity and
283	preservation of biodiversity, and savings to property and lives
284	through flood control.
285	(6)  Beginning July 1, 2010 Biennially, each reporting
286	agency shall also submit an operational report every 5 years for
287	each management area for which a new or updated along with an
288	approved management plan has been approved by the board of
289	trustees pursuant to ss. 253.034(5) and 259.032(10). The report
290	should assess the progress toward achieving short-term and long-
291	term management goals of the approved management plan, including
292	all land management activities, and identify any deficiencies in
293	management and corrective actions to address identified
294	deficiencies as appropriate. This report shall be submitted to
295	the Acquisition and Restoration Council and the division for
296	inclusion in its annual report required pursuant to s. 259.036.
297	Section 5.  Paragraphs (b), (c), (e), (f), (g), and (h) of
298	subsection (3) and subsection (13) of section 259.105, Florida
299	Statutes, are amended to read:
300	259.105  The Florida Forever Act.--
301	(3)  Less the costs of issuing and the costs of funding
302	reserve accounts and other costs associated with bonds, the
303	proceeds of cash payments or bonds issued pursuant to this
304	section shall be deposited into the Florida Forever Trust Fund
305	created by s. 259.1051. The proceeds shall be distributed by the
306	Department of Environmental Protection in the following manner:
307	(b)  Thirty-five percent to the Department of Environmental
308	Protection for the acquisition of lands and capital project
309	expenditures described in this section. Of the proceeds
310	distributed pursuant to this paragraph, it is the intent of the
311	Legislature that an increased priority be given to those
312	acquisitions which achieve a combination of conservation goals,
313	including protecting Florida's water resources and natural
314	groundwater recharge. At a minimum, 3 percent, and no more than
315	10 percent, of the funds allocated pursuant to this paragraph
316	shall be spent on capital project expenditures identified in the
317	management prospectus prepared pursuant to s. 259.032(9)(d)
318	during the time of acquisition, or in the management plan
319	prepared pursuant to s. 259.032(10). Such capital projects must
320	which meet land management planning activities necessary for
321	public access.
322	(c)  Twenty-one percent to the Department of Community
323	Affairs for use by the Florida Communities Trust for the
324	purposes of part III of chapter 380, as described and limited by
325	this subsection, and grants to local governments or nonprofit
326	environmental organizations that are tax-exempt under s.
327	501(c)(3) of the United States Internal Revenue Code for the
328	acquisition of community-based projects, urban open spaces,
329	parks, and greenways to implement local government comprehensive
330	plans. From funds available to the trust and used for land
331	acquisition, 75 percent shall be matched by local governments on
332	a dollar-for-dollar basis. The Legislature intends that the
333	Florida Communities Trust emphasize funding projects in low-
334	income or otherwise disadvantaged communities and projects that
335	provide areas for direct water access and water-dependent
336	facilities that are open to the public and offer public access
337	by vessels to waters of the state, including boat ramps and
338	associated parking and other support facilities, by making the
339	available point total for awarding grants to public vessel
340	access projects equal to the available point total for awarding
341	grants to projects in low-income or otherwise disadvantaged
342	communities. At least 30 percent of the total allocation
343	provided to the trust shall be used in Standard Metropolitan
344	Statistical Areas, but one-half of that amount shall be used in
345	localities in which the project site is located in built-up
346	commercial, industrial, or mixed-use areas and functions to
347	intersperse open spaces within congested urban core areas. From
348	funds allocated to the trust, no less than 5 percent shall be
349	used to acquire lands for recreational trail systems, provided
350	that in the event these funds are not needed for such projects,
351	they will be available for other trust projects. Local
352	governments may use federal grants or loans, private donations,
353	or environmental mitigation funds, including environmental
354	mitigation funds required pursuant to s. 338.250, for any part
355	or all of any local match required for acquisitions funded
356	through the Florida Communities Trust. Any lands purchased by
357	nonprofit organizations using funds allocated under this
358	paragraph must provide for such lands to remain permanently in
359	public use through a reversion of title to local or state
360	government, conservation easement, or other appropriate
361	mechanism. Projects funded with funds allocated to the Trust
362	shall be selected in a competitive process measured against
363	criteria adopted in rule by the Trust.
364	(e)  One and five-tenths percent to the Department of
365	Environmental Protection for the purchase of inholdings and
366	additions to state parks and for capital project expenditures as
367	described in this section. At a minimum, 1 percent, and no more
368	than 10 percent, of the funds allocated pursuant to this
369	paragraph shall be spent on capital project expenditures
370	identified in the management prospectus prepared pursuant to s.
371	259.032(9)(d) during the time of acquisition, or in the
372	management plan prepared pursuant to s. 259.032(10). Such
373	capital projects must which meet land management planning
374	activities necessary for public access. For the purposes of this
375	paragraph, the term "state park" means any real property in the
376	state which is under the jurisdiction of the Division of
377	Recreation and Parks of the department, or which may come under
378	its jurisdiction.
379	(f)  One and five-tenths percent to the Division of
380	Forestry of the Department of Agriculture and Consumer Services
381	to fund the acquisition of state forest inholdings and additions
382	pursuant to s. 589.07, the implementation of reforestation plans
383	or sustainable forestry management practices, and for capital
384	project expenditures as described in this section. At a minimum,
385	1 percent, and no more than 10 percent, of the funds allocated
386	for the acquisition of inholdings and additions pursuant to this
387	paragraph shall be spent on capital project expenditures
388	identified in the management prospectus prepared pursuant to s.
389	259.032(9)(d) during the time of acquisition, or in the
390	management plan prepared pursuant to s. 259.032(10). Such
391	capital projects must which meet land management planning
392	activities necessary for public access.
393	(g)  One and five-tenths percent to the Fish and Wildlife
394	Conservation Commission to fund the acquisition of inholdings
395	and additions to lands managed by the commission which are
396	important to the conservation of fish and wildlife and for
397	capital project expenditures as described in this section. At a
398	minimum, 1 percent, and no more than 10 percent, of the funds
399	allocated pursuant to this paragraph shall be spent on capital
400	project expenditures identified in the management prospectus
401	prepared pursuant to s. 259.032(9)(d) during the time of
402	acquisition, or in the management plan prepared pursuant to s.
403	259.032(10). Such capital projects must which meet land
404	management planning activities necessary for public access.
405	(h)  One and five-tenths percent to the Department of
406	Environmental Protection for the Florida Greenways and Trails
407	Program, to acquire greenways and trails or greenways and trail
408	systems pursuant to chapter 260, including, but not limited to,
409	abandoned railroad rights-of-way and the Florida National Scenic
410	Trail and for capital project expenditures as described in this
411	section. At a minimum, 1 percent, and no more than 10 percent,
412	of the funds allocated pursuant to this paragraph shall be spent
413	on capital project expenditures identified in the management
414	plan prepared pursuant to s. 259.032(10). Such capital projects
415	must during the time of acquisition which meet land management
416	planning activities necessary for public access.
417	(13)  An affirmative vote of six five members of the
418	Acquisition and Restoration Council is shall be required in
419	order to place a proposed project on the list developed pursuant
420	to subsection (8). Any member of the council who by family or a
421	business relationship has a connection with any project proposed
422	to be ranked shall declare such interest before prior to voting
423	for a project's inclusion on the list.
424	Section 6.  Subsection (10) of section 253.12, Florida
425	Statutes, is amended to read:
426	253.12  Title to tidal lands vested in state.--
427	(10)  Subsection (9) does shall not operate to affect the
428	title to lands which have been judicially adjudicated or which
429	were the subject of litigation pending on January 1, 1993,
430	involving title to such lands. Further, the provisions of
431	subsection (9) do shall not apply to spoil islands, nor to any
432	lands that which are included on an official acquisition list,
433	on July 1, 1993, of a state agency or water management district
434	for conservation, preservation, or recreation, nor to lands
435	maintained as state or local recreation areas or shore
436	protection structures, or to sovereignty lands that were filled
437	before July 1, 1975, by any governmental entity for a public
438	purpose or pursuant to proprietary authorization from the Board
439	of Trustees of the Internal Improvement Trust Fund.
440	Section 7.  Paragraphs (b) and (c) of subsection (1) of
441	section 373.414, Florida Statutes, are redesignated as
442	paragraphs (c) and (d), respectively, and a new paragraph (b) is
443	added to that subsection to read:
444	373.414  Additional criteria for activities in surface
445	waters and wetlands.--
446	(1)  As part of an applicant's demonstration that an
447	activity regulated under this part will not be harmful to the
448	water resources or will not be inconsistent with the overall
449	objectives of the district, the governing board or the
450	department shall require the applicant to provide reasonable
451	assurance that state water quality standards applicable to
452	waters as defined in s. 403.031(13) will not be violated and
453	reasonable assurance that such activity in, on, or over surface
454	waters or wetlands, as delineated in s. 373.421(1), is not
455	contrary to the public interest. However, if such an activity
456	significantly degrades or is within an Outstanding Florida
457	Water, as provided by department rule, the applicant must
458	provide reasonable assurance that the proposed activity will be
459	clearly in the public interest.
460	(b)  A permit application prepared and signed by licensed
461	professionals, including scientists, engineers, geologists,
462	architects, or other qualified professionals, that is determined
463	to be complete by the department is presumed to comply with the
464	provisions of this section. If the department determines to deny
465	such permit application or if such permit application is
466	challenged by a third party, the department or the challenging
467	party has the burden of proving noncompliance by a preponderance
468	of the evidence.
469	Section 8.  Paragraph (c) of subsection (2) of section
470	373.427, Florida Statutes, is amended to read:
471	373.427  Concurrent permit review.--
472	(2)  In addition to the provisions set forth in subsection
473	(1) and notwithstanding s. 120.60, the procedures established in
474	this subsection shall apply to concurrently reviewed
475	applications which request proprietary authorization to use
476	board of trustees-owned submerged lands for activities for which
477	there has been no delegation of authority to take final agency
478	action without action by the board of trustees.
479	(c)  Any petition for an administrative hearing pursuant to
480	ss. 120.569 and 120.57 must be filed within 21 14 days after of
481	the notice of consolidated intent to grant or deny. Unless
482	waived by the applicant, within 60 days after the recommended
483	order is submitted, or at the next regularly scheduled meeting
484	for which notice may be properly given, whichever is latest, the
485	board of trustees shall determine what action to take on a any
486	recommended order issued under ss. 120.569 and 120.57 on the
487	application to use board of trustees-owned submerged lands, and
488	shall direct the department or water management district on what
489	action to take in the final order concerning the application to
490	use board of trustees-owned submerged lands. The department or
491	water management district shall determine what action to take on
492	any recommended order issued under ss. 120.569 and 120.57
493	regarding any concurrently processed permits, waivers,
494	variances, or approvals required by this chapter or chapter 161.
495	The department or water management district shall then take
496	final agency action by entering a consolidated final order
497	addressing each of the concurrently reviewed authorizations,
498	permits, waivers, or approvals. Failure to satisfy these
499	timeframes may shall not result in approval by default of the
500	application to use board of trustees-owned submerged lands. Any
501	provisions relating to authorization to use such board of
502	trustees-owned submerged lands shall be as directed by the board
503	of trustees. Issuance of the consolidated final order within 45
504	days after receipt of the direction of the board of trustees
505	regarding the application to use board of trustees-owned
506	submerged lands is deemed in compliance with the timeframes for
507	issuance of final orders under s. 120.60. The final order is
508	shall be subject to the provisions of s. 373.4275.
509	Section 9.  Paragraph (c) of subsection (2) of section
510	403.0876, Florida Statutes, is amended to read:
511	403.0876  Permits; processing.--
512	(2)
513	(c)  The failure of the department to approve or deny an
514	application for an air construction permit for which a federally
515	delegated or approved program requires a public participation
516	period of at least 30 days, or for an operation permit for a
517	major source of air pollution, as defined in s. 403.0872, within
518	the 90-day time period shall not result in the automatic
519	approval or denial of the permit and shall not prevent the
520	inclusion of specific permit conditions that which are necessary
521	to ensure compliance with applicable statutes and rules. If the
522	department fails to approve or deny such an operation permit for
523	a major source of air pollution within the 90-day period
524	specified in this section or in s. 403.0872, as applicable, the
525	applicant or a party who participated in the public comment
526	process may petition for a writ of mandamus to compel the
527	department to act.
528	Section 10.  Paragraphs (b) and (f) of subsection (2) and
529	subsections (3), (4), (5), and (9) of section 403.121, Florida
530	Statutes, are amended to read:
531	403.121  Enforcement; procedure; remedies.--The department
532	shall have the following judicial and administrative remedies
533	available to it for violations of this chapter, as specified in
534	s. 403.161(1).
535	(2)  Administrative remedies:
536	(b)  If the department has reason to believe a violation
537	has occurred, it may institute an administrative proceeding to
538	order the prevention, abatement, or control of the conditions
539	creating the violation or other appropriate corrective action.
540	Except for violations involving hazardous wastes, asbestos,
541	major sources of air pollution, or underground injection, the
542	department shall proceed administratively in all cases in which
543	the department seeks administrative penalties that do not exceed
544	$10,000 per assessment as calculated in accordance with
545	subsections (3), (4), (5), (6), and (7), and (9). Pursuant to 42
546	U.S.C. s. 300g-2, the administrative penalty assessed pursuant
547	to subsection (3), subsection (4), or subsection (5) against a
548	public water system serving a population of more than 10,000 may
549	shall be not be less than $1,000 per day per violation. The
550	department may shall not impose administrative penalties greater
551	than in excess of $10,000 in a notice of violation. The
552	department may shall not have more than one notice of violation
553	seeking administrative penalties pending against the same party
554	at the same time unless the violations occurred at a different
555	site or the violations were discovered by the department after
556	subsequent to the filing of a previous notice of violation.
557	(f)  In any administrative proceeding brought by the
558	department, the prevailing party shall recover all costs as
559	provided in ss. 57.041 and 57.071. The costs must be included in
560	the final order. The respondent is the prevailing party when a
561	final an order is entered which does not require the respondent
562	to perform any corrective actions or award any damages or
563	awarding no penalties to the department and such order has not
564	been reversed on appeal or the time for seeking judicial review
565	has expired. The respondent is shall be entitled to an award of
566	attorney's fees if the administrative law judge determines that
567	the notice of violation issued by the department seeking the
568	imposition of administrative penalties was not substantially
569	justified as defined in s. 57.111(3) s. 57.111(3)(e). An No
570	award of attorney's fees as provided by this subsection may not
571	shall exceed $15,000.
572	(3)  Except for violations involving hazardous wastes,
573	asbestos, major sources of air pollution, or underground
574	injection, administrative penalties must be in accordance with
575	calculated according to the following schedule:
576	(a)  For a drinking water violations contamination
577	violation, the department shall assess:
578	1.  A penalty of $2,000 for a maximum contaminant
579	containment level (MCL) violation; plus $1,000 if the violation
580	is for a primary inorganic, organic, or radiological maximum
581	contaminant level or it is a fecal coliform bacteria violation;
582	plus $1,000 if the violation occurs at a community water system;
583	and plus $1,000 if any maximum contaminant level is exceeded by
584	more than 100 percent.
585	2.  A penalty of $3,000 for failure to obtain a clearance
586	letter before prior to placing a drinking water system into
587	service if when the system would not have been eligible for
588	clearance, the department shall assess a penalty of $3,000. All
589	other failures to obtain a clearance letter before placing a
590	drinking water system into service shall result in a penalty of
591	$1,500.
592	3.  A penalty of $4,000 for failure to properly complete a
593	required public notice of violations, exceedances, or failures
594	that may pose an acute risk to human health. All other failures
595	to properly complete a required public notice relating to
596	maximum contaminant level violations shall result in a penalty
597	of $2,000.
598	4.  A penalty of $1,000 for failure to submit a consumer
599	confidence report.
600	5.  A penalty of $2,000 for failure to provide or meet
601	licensed operator or staffing requirements at a drinking water
602	facility.
603	(b)  For wastewater violations, the department shall
604	assess:
605	1.  A penalty of $5,000 for failure to obtain a required
606	wastewater permit before construction or modification, other
607	than a permit required for surface water discharge.
608	2.  A penalty of $4,000 for failure to obtain a permit to
609	construct a domestic wastewater collection or transmission
610	system.
611	3.  A penalty of $1,000 for failure to renew obtain a
612	required wastewater permit, other than a permit required for
613	surface water discharge, the department shall assess a penalty
614	of $1,000.
615	4.  For a domestic or industrial wastewater violation not
616	involving a surface water or groundwater quality violation, the
617	department shall assess a penalty of $2,000 for an unpermitted
618	or unauthorized discharge or effluent-limitation exceedance.
619	5.  A penalty of $5,000 for an unpermitted or unauthorized
620	discharge or effluent-limitation exceedance that resulted in a
621	surface water or groundwater quality violation, the department
622	shall assess a penalty of $5,000.
623	6.  A penalty of $2,000 for failure to properly notify the
624	department of an unauthorized spill, discharge, or abnormal
625	event that may impact public health or the environment.
626	7.  A penalty of $2,000 for failure to provide or meet
627	requirements for licensed operators or staffing at a wastewater
628	facility.
629	(c)  For a dredge, and fill, or stormwater violation, the
630	department shall assess:
631	1.  A penalty of $1,000 for unpermitted or unauthorized
632	dredging, or filling, or unauthorized construction of a
633	stormwater management system against the person or persons
634	responsible; for the illegal dredging or filling, or
635	unauthorized construction of a stormwater management system plus
636	$2,000 if the dredging or filling occurs in an aquatic preserve,
637	Outstanding Florida Water, conservation easement, or Class I or
638	Class II surface water;, plus $1,000 if the area dredged or
639	filled is greater than one-quarter acre but less than or equal
640	to one-half acre;, and plus $1,000 if the area dredged or filled
641	is greater than one-half acre but less than or equal to one
642	acre; and plus $3,000 if the person or persons responsible
643	previously applied for or obtained authorization from the
644	department to dredge or fill within wetlands or surface waters.
645	The administrative penalty schedule does shall not apply to a
646	dredge or and fill violation if the area dredged or filled
647	exceeds 1 one acre. The department retains the authority to seek
648	the judicial imposition of civil penalties for all dredge and
649	fill violations involving more than 1 one acre. The department
650	shall assess
651	2.  A penalty of $10,000 for dredge, fill, or stormwater
652	management system violations occurring in a conservation
653	easement.
654	3.  A penalty of $3,000 for the failure to complete
655	required mitigation, failure to record a required conservation
656	easement, or for a water quality violation resulting from
657	dredging or filling activities, stormwater construction
658	activities, or failure of a stormwater treatment facility.
659	4.  For stormwater management systems serving less than 5
660	acres, the department shall assess a penalty of $2,000 for the
661	failure to properly or timely construct a stormwater management
662	system.
663	5.  In addition to the penalties authorized in this
664	subsection, the department shall assess a penalty of $5,000 per
665	violation against the contractor or agent of the owner or tenant
666	that conducts unpermitted or unauthorized dredging or filling.
667	For purposes of this paragraph, the preparation or signing of a
668	permit application by a person currently licensed under chapter
669	471 to practice as a professional engineer does shall not make
670	that person an agent of the owner or tenant.
671	(d)  For mangrove trimming or alteration violations, the
672	department shall assess:
673	1.  A penalty of $5,000 per violation against any person
674	who violates ss. 403.9321-403.9333 the contractor or agent of
675	the owner or tenant that conducts mangrove trimming or
676	alteration without a permit as required by s. 403.9328. For
677	purposes of this paragraph, the preparation or signing of a
678	permit application by a person currently licensed under chapter
679	471 to practice as a professional engineer does shall not
680	constitute a violation make that person an agent of the owner or
681	tenant.
682	2.  For second and subsequent violations of subparagraph
683	1., an additional penalty of $100 for each mangrove illegally
684	trimmed and $250 for each mangrove illegally altered or removed,
685	not to exceed a total of $10,000.
686	3.  For second and subsequent violations of subparagraph 1.
687	by a professional mangrove trimmer, an additional penalty of
688	$250 for each mangrove illegally trimmed or altered, not to
689	exceed a total of $10,000.
690	(e)  For solid waste violations, the department shall
691	assess:
692	1.  A penalty of $2,000 for the unpermitted or unauthorized
693	disposal or storage of solid waste; plus $1,000 if the solid
694	waste is Class I or Class III (excluding yard trash) or if the
695	solid waste is construction and demolition debris in excess of
696	20 cubic yards;, plus $1,000 if the solid waste is disposed of
697	or stored in any natural or artificial body of water or within
698	500 feet of a potable water well; and, plus $1,000 if the solid
699	waste contains PCB at a concentration of 50 parts per million or
700	greater; untreated biomedical waste; more than 1 cubic meter of
701	regulated friable asbestos material that greater than 1 cubic
702	meter which is not wetted, bagged, and covered; more than 25
703	gallons of used oil greater than 25 gallons; or 10 or more lead
704	acid batteries.
705	2.  A penalty of $5,000 for failure to timely implement
706	evaluation monitoring or corrective actions in response to
707	adverse impacts to water quality at permitted facilities. The
708	department shall assess
709	3.  A penalty of $3,000 for failure to properly maintain
710	leachate control; unauthorized burning; failure to have a
711	trained spotter or trained operator on duty as required by
712	department rule at the working face when accepting waste;
713	failure to apply and maintain adequate initial, intermediate, or
714	final cover; failure to control or correct erosion resulting in
715	exposed waste; failure to implement a gas management system as
716	required by department rule; or processing or disposing of
717	unauthorized waste failure to provide access control for three
718	consecutive inspections. The department shall assess
719	4.  A penalty of $2,000 for failure to construct or
720	maintain a required stormwater management system; failure to
721	compact and slope waste as required by department rule; or
722	failure to maintain a small working face as required by
723	department rule.
724	5.  A penalty of $1,000 for failure to timely submit annual
725	updates required for financial assurance.
726	(f)  For an air emission violations violation, the
727	department shall assess a penalty of $1,000 for an unpermitted
728	or unauthorized air emission or an air-emission-permit
729	exceedance;, plus $1,000 if the emission results in an air
730	quality violation, plus $3,000 if the emission was from a major
731	source and the source was major for the pollutant in violation;
732	and plus $1,000 if the emission was more than 150 percent of the
733	allowable level.
734	(g)  For storage tank system and petroleum contamination
735	violations, the department shall assess:
736	1.  A penalty of $5,000 for failure to empty a damaged
737	storage system as necessary to ensure that a release does not
738	occur until repairs to the storage system are completed; if when
739	a release has occurred from that storage tank system; for
740	failure to timely recover free product; for failure to submit a
741	complete site assessment report; or for failure to conduct
742	remediation or monitoring activities until a no-further-action
743	or site-rehabilitation completion order has been issued. The
744	department shall assess
745	2.  A penalty of $3,000 for failure to timely upgrade a
746	storage tank system or to timely assess or remediate petroleum
747	contamination. The department shall assess
748	3.   A penalty of $2,000 for failure to conduct or maintain
749	required release detection; failure to timely investigate a
750	suspected release from a storage system; depositing motor fuel
751	into an unregistered storage tank system; failure to timely
752	assess or remediate petroleum contamination; or failure to
753	properly install a storage tank system. The department shall
754	assess
755	4.  A penalty of $1,000 for failure to properly operate,
756	maintain, repair, or close a storage tank system.
757	(h)  For waste cleanup violations, the department shall
758	assess:
759	1.  A penalty of $5,000 for failure to timely assess or
760	remediate contamination; failure to provide notice of
761	contamination beyond property boundaries or complete an offsite
762	well survey; for the use or injection of substances or materials
763	to surface water or groundwater for remediation purposes without
764	prior department approval; or for the operation of a remedial
765	treatment system without prior approval by the department.
766	2.  A penalty of $3,000 for failure to timely submit a
767	complete site assessment report.
768	3.  A penalty of $500 for failure to timely submit any
769	other plans, reports, or other information required by a
770	department rule or order.
771	(4)  In an administrative proceeding, in addition to the
772	any penalties that may be assessed under subsection (3), or for
773	violations not otherwise listed in subsection (3), the
774	department shall assess administrative penalties according to
775	the following schedule:
776	(a)  For failure to satisfy financial responsibility
777	requirements or for violation of s. 377.371(1), $5,000.
778	(b)  For failure to properly install, operate, maintain, or
779	use a required pollution control, collection, treatment, or
780	disposal system or device, or failure to use appropriate best
781	management practices or erosion and sediment controls, $4,000.
782	(c)  For failure to obtain a required permit or license
783	before construction or modification, $3,000 if the facility is
784	constructed, modified, or operated in compliance with applicable
785	requirements, or $5,000 if the facility is not constructed,
786	modified, or operated in compliance with applicable
787	requirements.
788	(d)  For failure to conduct required monitoring or testing;
789	failure to conduct required release detection; or failure to
790	construct in compliance with a permit, $2,000.
791	(e)  For failure to maintain required staff to respond to
792	emergencies; failure to conduct required training; failure to
793	prepare, maintain, or update required contingency plans; failure
794	to adequately respond to emergencies to bring an emergency
795	situation under control; or failure to submit required
796	notification to the department, $1,000.
797	(f)  Except as provided in subsection (2) with respect to
798	public water systems serving a population of more than 10,000,
799	for failure to prepare, submit, maintain, or use required
800	reports or other required documentation, $1,000 $500.
801	(5)  Except as provided in subsection (2) with respect to
802	public water systems serving a population of more than 10,000,
803	for failure to comply with any other departmental regulatory
804	statute or rule requirement not otherwise identified in this
805	section, the department may assess a penalty of $1,000 $500.
806	(9)  The administrative penalties assessed for any
807	particular violation may shall not exceed $5,000 against any one
808	violator, unless the violator has a history of noncompliance,
809	the violator received economic benefit from of the violation as
810	described in subsection (8) exceeds $5,000, or there are
811	multiday violations. The total administrative penalties may
812	shall not exceed $10,000 per assessment for all violations
813	attributable to a specific person in the notice of violation.
814	Section 11.  Subsection (9) is added to section 712.03,
815	Florida Statutes, to read:
816	712.03  Exceptions to marketability.--Such marketable
817	record title shall not affect or extinguish the following
818	rights:
819	(9)  Any right, title, or interest held by any governmental
820	entity, including, but not limited to, the Federal Government,
821	the state, any state agency, the Board of Trustees of the
822	Internal Improvement Trust Fund, any water management district
823	created pursuant to chapter 373, any county, any municipality,
824	any school district, any special district, or any other
825	political subdivision.
826	Section 12.  Section 712.04, Florida Statutes, is amended
827	to read:
828	712.04  Interests extinguished by marketable record
829	title.--Subject to the matters stated in s. 712.03, a such
830	marketable record title is shall be free and clear of all
831	estates, interests, claims, or charges whatsoever, the existence
832	of which depends upon any act, title transaction, event or
833	omission that occurred before prior to the effective date of the
834	root of title. All such estates, interests, claims, or charges,
835	however denominated, whether such estates, interests, claims, or
836	charges are or appear to be held or asserted by a person sui
837	juris or under a disability, whether such person is within or
838	without the state or, whether such person is natural or
839	corporate, or is private or governmental, are hereby declared to
840	be null and void, except that this chapter shall not be deemed
841	to affect any right, title, or interest of the United States,
842	Florida, or any of its officers, boards, commissions, or other
843	agencies reserved in the patent or deed by which the United
844	States, Florida, or any of its agencies parted with title.
845	Section 13.  Paragraph (b) of subsection (7) of section
846	373.036, Florida Statutes, is amended to read:
847	373.036  Florida water plan; district water management
848	plans.--
849	(7)  CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL
850	REPORT.--
851	(b)  The consolidated annual report shall contain the
852	following elements, as appropriate to that water management
853	district:
854	1.  A district water management plan annual report or the
855	annual work plan report allowed in subparagraph (2)(e)4.
856	2.  The department-approved minimum flows and levels annual
857	priority list and schedule required by s. 373.042(2).
858	3.  The annual 5-year capital improvements plan required by
859	s. 373.536(6)(a)3.
860	4.  The alternative water supplies annual report required
861	by s. 373.1961(3)(n).
862	5.  The final annual 5-year water resource development work
863	program required by s. 373.536(6)(a)4.
864	6.  The Florida Forever Water Management District Work Plan
865	annual report required by s. 373.199(7).
866	7.  The mitigation donation annual report required by s.
867	373.414(1)(c)(b)2.
868	Section 14.  Paragraph (e) of subsection (6) and subsection
869	(7) of section 373.4135, Florida Statutes, are amended to read:
870	373.4135  Mitigation banks and offsite regional
871	mitigation.--
872	(6)  An environmental creation, preservation, enhancement,
873	or restoration project, including regional offsite mitigation
874	areas, for which money is donated or paid as mitigation, that is
875	sponsored by the department, a water management district, or a
876	local government and provides mitigation for five or more
877	applicants for permits under this part, or for 35 or more acres
878	of adverse impacts, shall be established and operated under a
879	memorandum of agreement. The memorandum of agreement shall be
880	between the governmental entity proposing the mitigation project
881	and the department or water management district, as appropriate.
882	Such memorandum of agreement need not be adopted by rule. For
883	the purposes of this subsection, one creation, preservation,
884	enhancement, or restoration project shall mean one or more
885	parcels of land with similar ecological communities that are
886	intended to be created, preserved, enhanced, or restored under a
887	common scheme.
888	(e)  Projects governed by this subsection, except for
889	projects established pursuant to subsection (7), shall be
890	subject to the provisions of s. 373.414(1)(c)(b)1.
891	(7)  The department, water management districts, and local
892	governments may elect to establish and manage mitigation sites,
893	including regional offsite mitigation areas, or contract with
894	permitted mitigation banks, to provide mitigation options for
895	private single-family lots or homeowners. The department, water
896	management districts, and local governments shall provide a
897	written notice of their election under this subsection by United
898	States mail to those individuals who have requested, in writing,
899	to receive such notice. The use of mitigation options
900	established under this subsection are not subject to the full-
901	cost-accounting provision of s. 373.414(1)(c)(b)1. To use a
902	mitigation option established under this subsection, the
903	applicant for a permit under this part must be a private,
904	single-family lot or homeowner, and the land upon which the
905	adverse impact is located must be intended for use as a single-
906	family residence by the current owner. The applicant must not be
907	a corporation, partnership, or other business entity. However,
908	the provisions of this subsection shall not apply to other
909	entities that establish offsite regional mitigation as defined
910	in this section and s. 373.403.
911	Section 15.  Paragraph (d) of subsection (6) of section
912	373.4136, Florida Statutes, is amended to read:
913	373.4136  Establishment and operation of mitigation
914	banks.--
915	(6)  MITIGATION SERVICE AREA.--The department or water
916	management district shall establish a mitigation service area
917	for each mitigation bank permit. The department or water
918	management district shall notify and consider comments received
919	on the proposed mitigation service area from each local
920	government within the proposed mitigation service area. Except
921	as provided herein, mitigation credits may be withdrawn and used
922	only to offset adverse impacts in the mitigation service area.
923	The boundaries of the mitigation service area shall depend upon
924	the geographic area where the mitigation bank could reasonably
925	be expected to offset adverse impacts. Mitigation service areas
926	may overlap, and mitigation service areas for two or more
927	mitigation banks may be approved for a regional watershed.
928	(d)  If the requirements in s. 373.414(1)(c)(b) and (8) are
929	met, the following projects or activities regulated under this
930	part shall be eligible to use a mitigation bank, regardless of
931	whether they are located within the mitigation service area:
932	1.  Projects with adverse impacts partially located within
933	the mitigation service area.
934	2.  Linear projects, such as roadways, transmission lines,
935	distribution lines, pipelines, or railways.
936	3.  Projects with total adverse impacts of less than 1 acre
937	in size.
938	Section 16.  This act shall take effect July 1, 2009.

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