CS/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 amendment of rule criteria to increase the
25	available point total for awarding grants to public vessel
26	access projects; requiring a majority vote of the
27	Acquisition and Restoration Council for certain decisions;
28	amending s. 253.12, F.S.; clarifying that title to certain
29	sovereignty lands that were judicially adjudicated are
30	excluded from automatically becoming private property;
31	amending s. 373.236, F.S.; authorizing the Department of
32	Environmental Protection and water management districts to
33	issue 50-year consumptive use permits to specified
34	entities for certain alternative water supply development
35	projects; providing for compliance reporting and review,
36	modification, and revocation relating to such permits;
37	amending s. 373.414, F.S.; revising permitting criteria
38	for activities in surface waters and wetlands; providing a
39	presumption of compliance for certain permit applications
40	for activities in surface waters and wetlands; requiring
41	the department and third parties to prove noncompliance by
42	a preponderance of the evidence in challenges of such
43	permit applications; authorizing the department and water
44	management districts to file complaints under certain
45	conditions; prohibiting professionals from certifying
46	permit applications under certain conditions; amending s.
47	373.427, F.S.; increasing the amount of time for filing a
48	petition for an administrative hearing on an application
49	to use board of trustees-owned submerged lands; amending
50	s. 403.0876, F.S.; providing that the department's failure
51	to approve or deny certain air construction permits within
52	90 days does not automatically result in approval or
53	denial; amending s. 403.121, F.S.; excluding certain air
54	pollution violations from certain departmental actions;
55	clarifying when a respondent in an administrative action
56	is the prevailing party; revising the penalties that may
57	be assessed for violations involving drinking water
58	contamination, wastewater, dredge, fill, or stormwater,
59	mangrove trimming or alterations, solid waste, air
60	emission, storage tank system and petroleum contamination,
61	and contaminated site rehabilitation; providing for
62	assessment of administrative penalties for other
63	violations; increasing fines relating to public water
64	system requirements; revising provisions relating to a
65	limit on the amount of a fine for a particular violation
66	by certain violators; amending ss. 712.03 and 712.04,
67	F.S.; providing an exception from an entitlement to
68	marketable record title to interests held by governmental
69	entities; amending ss. 373.036, 373.4135, and 373.4136,
70	F.S.; conforming cross-references; providing an effective
71	date.
72
73	Be It Enacted by the Legislature of the State of Florida:
74
75	Section 1.  Paragraphs (a) and (c) of subsection (5) of
76	section 253.034, Florida Statutes, are amended to read:
77	253.034  State-owned lands; uses.--
78	(5)  Each manager of conservation lands shall submit to the
79	Division of State Lands a land management plan at least every 10
80	years in a form and manner prescribed by rule by the board and
81	in accordance with the provisions of s. 259.032. Each manager of
82	conservation lands shall also update a land management plan
83	whenever the manager proposes to add new facilities or make
84	substantive land use or management changes that were not
85	addressed in the approved plan, or within 1 year of the addition
86	of significant new lands. Each manager of nonconservation lands
87	shall submit to the Division of State Lands a land use plan at
88	least every 10 years in a form and manner prescribed by rule by
89	the board. The division shall review each plan for compliance
90	with the requirements of this subsection and the requirements of
91	the rules established by the board pursuant to this section. All
92	land use plans, whether for single-use or multiple-use
93	properties, shall include an analysis of the property to
94	determine if any significant natural or cultural resources are
95	located on the property. Such resources include archaeological
96	and historic sites, state and federally listed plant and animal
97	species, and imperiled natural communities and unique natural
98	features. If such resources occur on the property, the manager
99	shall consult with the Division of State Lands and other
100	appropriate agencies to develop management strategies to protect
101	such resources. Land use plans shall also provide for the
102	control of invasive nonnative plants and conservation of soil
103	and water resources, including a description of how the manager
104	plans to control and prevent soil erosion and soil or water
105	contamination. Land use plans submitted by a manager shall
106	include reference to appropriate statutory authority for such
107	use or uses and shall conform to the appropriate policies and
108	guidelines of the state land management plan. Plans for managed
109	areas larger than 1,000 acres shall contain an analysis of the
110	multiple-use potential of the property, which analysis shall
111	include the potential of the property to generate revenues to
112	enhance the management of the property. Additionally, the plan
113	shall contain an analysis of the potential use of private land
114	managers to facilitate the restoration or management of these
115	lands. In those cases where a newly acquired property has a
116	valid conservation plan that was developed by a soil and
117	conservation district, such plan shall be used to guide
118	management of the property until a formal land use plan is
119	completed.
120	(a)  State lands shall be managed to ensure the
121	conservation of the state's plant and animal species and to
122	ensure the accessibility of state lands for the benefit and
123	enjoyment of all people of the state, both present and future.
124	Beginning July 1, 2009, each newly developed or updated land
125	management plan must shall provide a desired outcome, describe
126	both short-term and long-term management goals, and include
127	measurable objectives for achieving these to achieve those
128	goals. Short-term goals must shall be achievable within a 2-year
129	planning period, and long-term goals must shall be achievable
130	within a 10-year planning period. These short-term and long-term
131	management goals shall be the basis for all subsequent land
132	management activities.
133	(c)  Beginning July 1, 2009, a newly developed or updated
134	the land management plan must, shall at a minimum, contain the
135	following elements:
136	1.  A physical description of the land.
137	2.  A quantitative data description of the land which
138	includes an inventory of forest and other natural resources;
139	exotic and invasive plants; hydrological features;
140	infrastructure, including recreational facilities; and other
141	significant land, cultural, or historical features. The
142	inventory must shall reflect the number of acres for each
143	resource and feature, as when appropriate. The inventory shall
144	be of such detail that objective measures and benchmarks can be
145	established for each tract of land and monitored during the
146	lifetime of the plan. All quantitative data collected must shall
147	be aggregated, standardized, collected, and presented in an
148	electronic format to allow for uniform management reporting and
149	analysis. The information collected by the Department of
150	Environmental Protection pursuant to s. 253.0325(2) shall be
151	available to the land manager and his or her assignee.
152	3.  A detailed description of each short-term and long-term
153	land management goal, the associated measurable objectives, and
154	the related activities that are to be performed to meet the land
155	management objectives. Each land management objective must be
156	addressed by the land management plan, and where practicable,
157	may not no land management objective shall be performed to the
158	detriment of the other land management objectives.
159	4.  A schedule of land management activities which contains
160	short-term and long-term land management goals and the related
161	measurable objective and activities. The schedule must shall
162	include for each activity a timeline for completing each
163	activity completion, quantitative measures, and detailed expense
164	and manpower budgets. The schedule must shall provide a
165	management tool that facilitates the development of performance
166	measures.
167	5.  A summary budget for the scheduled land management
168	activities of the land management plan. For state lands
169	containing or anticipated to contain imperiled species habitat,
170	the summary budget must shall include any fees anticipated from
171	public or private entities for projects to offset adverse
172	impacts to imperiled species or such habitat, which fees shall
173	be used solely to restore, manage, enhance, repopulate, or
174	acquire imperiled species habitat. The summary budget must shall
175	be prepared in a such manner that it facilitates computing an
176	aggregate of land management costs for all state-managed lands
177	using the categories described in s. 259.037(3).
178	Section 2.  Subsection (2) of section 253.111, Florida
179	Statutes, is amended to read:
180	253.111  Notice to board of county commissioners before
181	sale.--The Board of Trustees of the Internal Improvement Trust
182	Fund of the state may not sell any land to which they hold title
183	unless and until they afford an opportunity to the county in
184	which such land is situated to receive such land on the
185	following terms and conditions:
186	(2)  The board of county commissioners of the county in
187	which such land is situated shall, within 40 days after receipt
188	of such notification from the board, determine by resolution
189	whether or not it proposes to acquire such land.
190	Section 3.  Subsections (1), (2), and (5) of section
191	259.035, Florida Statutes, are amended to read:
192	259.035  Acquisition and Restoration Council.--
193	(1)  There is created the Acquisition and Restoration
194	Council,.
195	(a)  The council shall be composed of 11 eleven voting
196	members, with six members appointed pursuant to paragraphs (a),
197	(b), and (c) four of whom shall be appointed by the Governor. Of
198	these four appointees, three shall be from scientific
199	disciplines related to land, water, or environmental sciences
200	and the fourth shall have at least 5 years of experience in
201	managing lands for both active and passive types of recreation.
202	They shall serve 4-year terms, except that, initially, to
203	provide for staggered terms, two of the appointees shall serve
204	2-year terms. All subsequent appointments shall be for 4-year
205	staggered terms. An No appointee may not shall serve more than
206	two terms 6 years. A vacancy shall be filled for the remainder
207	of an unexpired term in the same manner as the original
208	appointment. The Governor may at any time fill a vacancy for the
209	unexpired term of a member appointed under this paragraph.
210	(a)  Four members shall be appointed by the Governor. Three
211	of such members shall be from scientific disciplines related to
212	land, water, or environmental sciences and the fourth member
213	must have at least 5 years of experience in managing lands for
214	both active and passive types of recreation.
215	(b)  One member shall be appointed by the Commissioner of
216	Agriculture from a discipline related to agriculture, including
217	silviculture.
218	(c)  One member shall be appointed by the Fish and Wildlife
219	Conservation Commission from a discipline related to wildlife
220	management or wildlife ecology.
221	(d)(b)  The five remaining members appointees shall be
222	composed of the Secretary of Environmental Protection, the
223	director of the Division of Forestry of the Department of
224	Agriculture and Consumer Services, the executive director of the
225	Fish and Wildlife Conservation Commission, the director of the
226	Division of Historical Resources of the Department of State, and
227	the Secretary of the Department of Community Affairs, or their
228	respective designees.
229	(c)  One member shall be appointed by the Commissioner of
230	Agriculture with a discipline related to agriculture including
231	silviculture. One member shall be appointed by the Fish and
232	Wildlife Conservation Commission with a discipline related to
233	wildlife management or wildlife ecology.
234	(e)(d)  The Governor shall appoint the chair of the
235	council, and a vice chair shall be elected from among the
236	members.
237	(f)(e)  The council shall hold periodic meetings at the
238	request of the chair.
239	(g)(f)  The Department of Environmental Protection shall
240	provide primary staff support to the council and shall ensure
241	that council meetings are electronically recorded. Such
242	recording must shall be preserved pursuant to chapters 119 and
243	257.
244	(h)(g)  The board of trustees may has authority to adopt
245	rules pursuant to administer ss. 120.536(1) and 120.54 to
246	implement the provisions of this section.
247	(2)  The six appointed four members of the council
248	appointed pursuant to paragraph (a) and the two members of the
249	council appointed pursuant to paragraph (c) shall receive
250	reimbursement for expenses and per diem for travel, to attend
251	council meetings, as allowed state officers and employees while
252	in the performance of their duties, pursuant to s. 112.061.
253	(5)  An affirmative vote of six five members of the council
254	is required in order to change a project boundary or to place a
255	proposed project on a list developed pursuant to subsection (4).
256	Any member of the council who by family or a business
257	relationship has a connection with all or a portion of any
258	proposed project shall declare the interest before voting on its
259	inclusion on a list.
260	Section 4.  Paragraph (b) of subsection (3) and subsection
261	(6) of section 259.037, Florida Statutes, are amended to read:
262	259.037  Land Management Uniform Accounting Council.--
263	(3)
264	(b)  Beginning July 1, 2009, each reporting agency shall
265	also:
266	1.  Include a report of the available public use
267	opportunities for each management unit of state land, the total
268	management cost for public access and public use, and the cost
269	associated with each use option.
270	2.  List the acres of land requiring minimal management
271	effort, moderate management effort, and significant management
272	effort pursuant to s. 259.032(11)(c). For each category created
273	in paragraph (a), the reporting agency shall include the amount
274	of funds requested, the amount of funds received, and the amount
275	of funds expended for land management.
276	3.  List acres managed and cost of management for each
277	park, preserve, forest, reserve, or management area.
278	4.  List acres managed, cost of management, and lead
279	manager for each state lands management unit for which secondary
280	management activities were provided.
281	5.  Include a report of the estimated calculable financial
282	benefits to the public for the ecosystem services provided by
283	conservation lands, based on the best readily available
284	information or science that provides a standard measurement
285	methodology to be consistently applied by the land managing
286	agencies. Such information may include, but need not be limited
287	to, the value of natural lands for protecting the quality and
288	quantity of drinking water through natural water filtration and
289	recharge, contributions to protecting and improving air quality,
290	benefits to agriculture through increased soil productivity and
291	preservation of biodiversity, and savings to property and lives
292	through flood control.
293	(6)  Beginning July 1, 2010 Biennially, each reporting
294	agency shall also submit an operational report every 5 years for
295	each management area for which a new or updated along with an
296	approved management plan has been approved by the board of
297	trustees pursuant to ss. 253.034(5) and 259.032(10). The report
298	should assess the progress toward achieving short-term and long-
299	term management goals of the approved management plan, including
300	all land management activities, and identify any deficiencies in
301	management and corrective actions to address identified
302	deficiencies as appropriate. This report shall be submitted to
303	the Acquisition and Restoration Council and the division for
304	inclusion in its annual report required pursuant to s. 259.036.
305	Section 5.  Paragraphs (b), (c), (e), (f), (g), and (h) of
306	subsection (3) and subsection (13) of section 259.105, Florida
307	Statutes, are amended to read:
308	259.105  The Florida Forever Act.--
309	(3)  Less the costs of issuing and the costs of funding
310	reserve accounts and other costs associated with bonds, the
311	proceeds of cash payments or bonds issued pursuant to this
312	section shall be deposited into the Florida Forever Trust Fund
313	created by s. 259.1051. The proceeds shall be distributed by the
314	Department of Environmental Protection in the following manner:
315	(b)  Thirty-five percent to the Department of Environmental
316	Protection for the acquisition of lands and capital project
317	expenditures described in this section. Of the proceeds
318	distributed pursuant to this paragraph, it is the intent of the
319	Legislature that an increased priority be given to those
320	acquisitions which achieve a combination of conservation goals,
321	including protecting Florida's water resources and natural
322	groundwater recharge. At a minimum, 3 percent, and no more than
323	10 percent, of the funds allocated pursuant to this paragraph
324	shall be spent on capital project expenditures identified in the
325	management prospectus prepared pursuant to s. 259.032(9)(d)
326	during the time of acquisition, or in the management plan
327	prepared pursuant to s. 259.032(10). Such capital projects must
328	which meet land management planning activities necessary for
329	public access.
330	(c)  Twenty-one percent to the Department of Community
331	Affairs for use by the Florida Communities Trust for the
332	purposes of part III of chapter 380, as described and limited by
333	this subsection, and grants to local governments or nonprofit
334	environmental organizations that are tax-exempt under s.
335	501(c)(3) of the United States Internal Revenue Code for the
336	acquisition of community-based projects, urban open spaces,
337	parks, and greenways to implement local government comprehensive
338	plans. From funds available to the trust and used for land
339	acquisition, 75 percent shall be matched by local governments on
340	a dollar-for-dollar basis. The Legislature intends that the
341	Florida Communities Trust emphasize funding projects in low-
342	income or otherwise disadvantaged communities and projects that
343	provide areas for direct water access and water-dependent
344	facilities that are open to the public and offer public access
345	by vessels to waters of the state, including boat ramps and
346	associated parking and other support facilities, by amending
347	rule criteria for awarding grants for public vessel access
348	projects to increase the available point total for those
349	projects. At least 30 percent of the total allocation provided
350	to the trust shall be used in Standard Metropolitan Statistical
351	Areas, but one-half of that amount shall be used in localities
352	in which the project site is located in built-up commercial,
353	industrial, or mixed-use areas and functions to intersperse open
354	spaces within congested urban core areas. From funds allocated
355	to the trust, no less than 5 percent shall be used to acquire
356	lands for recreational trail systems, provided that in the event
357	these funds are not needed for such projects, they will be
358	available for other trust projects. Local governments may use
359	federal grants or loans, private donations, or environmental
360	mitigation funds, including environmental mitigation funds
361	required pursuant to s. 338.250, for any part or all of any
362	local match required for acquisitions funded through the Florida
363	Communities Trust. Any lands purchased by nonprofit
364	organizations using funds allocated under this paragraph must
365	provide for such lands to remain permanently in public use
366	through a reversion of title to local or state government,
367	conservation easement, or other appropriate mechanism. Projects
368	funded with funds allocated to the Trust shall be selected in a
369	competitive process measured against criteria adopted in rule by
370	the Trust.
371	(e)  One and five-tenths percent to the Department of
372	Environmental Protection for the purchase of inholdings and
373	additions to state parks and for capital project expenditures as
374	described in this section. At a minimum, 1 percent, and no more
375	than 10 percent, of the funds allocated pursuant to this
376	paragraph shall be spent on capital project expenditures
377	identified in the management prospectus prepared pursuant to s.
378	259.032(9)(d) during the time of acquisition, or in the
379	management plan prepared pursuant to s. 259.032(10). Such
380	capital projects must which meet land management planning
381	activities necessary for public access. For the purposes of this
382	paragraph, the term "state park" means any real property in the
383	state which is under the jurisdiction of the Division of
384	Recreation and Parks of the department, or which may come under
385	its jurisdiction.
386	(f)  One and five-tenths percent to the Division of
387	Forestry of the Department of Agriculture and Consumer Services
388	to fund the acquisition of state forest inholdings and additions
389	pursuant to s. 589.07, the implementation of reforestation plans
390	or sustainable forestry management practices, and for capital
391	project expenditures as described in this section. At a minimum,
392	1 percent, and no more than 10 percent, of the funds allocated
393	for the acquisition of inholdings and additions pursuant to this
394	paragraph shall be spent on capital project expenditures
395	identified in the management prospectus prepared pursuant to s.
396	259.032(9)(d) during the time of acquisition, or in the
397	management plan prepared pursuant to s. 259.032(10). Such
398	capital projects must which meet land management planning
399	activities necessary for public access.
400	(g)  One and five-tenths percent to the Fish and Wildlife
401	Conservation Commission to fund the acquisition of inholdings
402	and additions to lands managed by the commission which are
403	important to the conservation of fish and wildlife and for
404	capital project expenditures as described in this section. At a
405	minimum, 1 percent, and no more than 10 percent, of the funds
406	allocated pursuant to this paragraph shall be spent on capital
407	project expenditures identified in the management prospectus
408	prepared pursuant to s. 259.032(9)(d) during the time of
409	acquisition, or in the management plan prepared pursuant to s.
410	259.032(10). Such capital projects must which meet land
411	management planning activities necessary for public access.
412	(h)  One and five-tenths percent to the Department of
413	Environmental Protection for the Florida Greenways and Trails
414	Program, to acquire greenways and trails or greenways and trail
415	systems pursuant to chapter 260, including, but not limited to,
416	abandoned railroad rights-of-way and the Florida National Scenic
417	Trail and for capital project expenditures as described in this
418	section. At a minimum, 1 percent, and no more than 10 percent,
419	of the funds allocated pursuant to this paragraph shall be spent
420	on capital project expenditures identified in the management
421	plan prepared pursuant to s. 259.032(10). Such capital projects
422	must during the time of acquisition which meet land management
423	planning activities necessary for public access.
424	(13)  An affirmative vote of six five members of the
425	Acquisition and Restoration Council is shall be required in
426	order to place a proposed project on the list developed pursuant
427	to subsection (8). Any member of the council who by family or a
428	business relationship has a connection with any project proposed
429	to be ranked shall declare such interest before prior to voting
430	for a project's inclusion on the list.
431	Section 6.  Subsection (10) of section 253.12, Florida
432	Statutes, is amended to read:
433	253.12  Title to tidal lands vested in state.--
434	(10)  Subsection (9) does shall not operate to affect the
435	title to lands which have been judicially adjudicated or which
436	were the subject of litigation pending on January 1, 1993,
437	involving title to such lands. Further, the provisions of
438	subsection (9) do shall not apply to spoil islands, nor to any
439	lands that which are included on an official acquisition list,
440	on July 1, 1993, of a state agency or water management district
441	for conservation, preservation, or recreation, nor to lands
442	maintained as state or local recreation areas or shore
443	protection structures, or to sovereignty lands that were filled
444	before July 1, 1975, by any governmental entity for a public
445	purpose or pursuant to proprietary authorization from the Board
446	of Trustees of the Internal Improvement Trust Fund.
447	Section 7.  Subsection (6) is added to section 373.236,
448	Florida Statutes, to read:
449	373.236  Duration of permits; compliance reports.--
450	(6)(a)  The Legislature finds that the need for alternative
451	water supply development projects to meet anticipated public
452	water supply demands of the state is so important that it is
453	essential to encourage participation in and contribution to such
454	projects by private rural landowners who characteristically have
455	relatively modest near-term water demands but substantially
456	increasing demands after the 20-year planning period in s.
457	373.0361. Therefore, where such landowners make extraordinary
458	contributions of lands or construction funding to enable the
459	expeditious implementation of such projects, water management
460	districts and the department may grant permits for such projects
461	for a period of up to 50 years to municipalities, counties,
462	special districts, regional water supply authorities,
463	multijurisdictional water supply entities, and publicly or
464	privately owned utilities, with the exception of any publicly or
465	privately owned utilities created for or by a private landowner
466	after April 1, 2008, which have entered into an agreement with
467	the private landowner for the purpose of more efficiently
468	pursuing alternative public water supply development projects
469	identified in a district's regional water supply plan and
470	meeting water demands of both the applicant and the landowner.
471	(b)  A permit under paragraph (a) shall be granted only for
472	that period for which there is sufficient data to provide
473	reasonable assurance that the conditions for permit issuance
474	will be met. Such a permit shall require a compliance report by
475	the permittee every 5 years during the term of the permit. The
476	report shall contain sufficient data to maintain reasonable
477	assurance that the conditions for permit issuance applicable at
478	the time of district review of the compliance report are met.
479	After review of the report, the governing board or the
480	department may modify the permit to ensure that the use meets
481	the conditions for permit issuance. This subsection does not
482	limit the existing authority of the department or the governing
483	board to modify or revoke a consumptive use permit.
484	Section 8.  Paragraphs (b) and (c) of subsection (1) of
485	section 373.414, Florida Statutes, are redesignated as
486	paragraphs (c) and (d), respectively, and a new paragraph (b) is
487	added to that subsection to read:
488	373.414  Additional criteria for activities in surface
489	waters and wetlands.--
490	(1)  As part of an applicant's demonstration that an
491	activity regulated under this part will not be harmful to the
492	water resources or will not be inconsistent with the overall
493	objectives of the district, the governing board or the
494	department shall require the applicant to provide reasonable
495	assurance that state water quality standards applicable to
496	waters as defined in s. 403.031(13) will not be violated and
497	reasonable assurance that such activity in, on, or over surface
498	waters or wetlands, as delineated in s. 373.421(1), is not
499	contrary to the public interest. However, if such an activity
500	significantly degrades or is within an Outstanding Florida
501	Water, as provided by department rule, the applicant must
502	provide reasonable assurance that the proposed activity will be
503	clearly in the public interest.
504	(b)1.  A permit application prepared and signed by a
505	professional engineer licensed under chapter 471, a professional
506	surveyor and mapper licensed under chapter 472, a professional
507	landscape architect licensed under chapter 481, or a
508	professional geologist licensed under chapter 492 that is
509	determined to be complete by the department is presumed to
510	comply with the provisions of this section. If the department
511	determines to deny such permit application or if such permit
512	application is challenged by a third party, the department or
513	the challenging party has the burden of proving noncompliance by
514	a preponderance of the evidence.
515	2.  The department or the water management district may
516	forward to the appropriate professional regulatory board or the
517	Department of Business and Professional Regulation a complaint
518	against a licensed professional when the permitting agency finds
519	that a review under s. 455.227 is warranted. If the professional
520	regulatory board sanctions the professional pursuant to a
521	complaint under this subparagraph, the professional shall be
522	prohibited from certifying under this section during the period
523	of the sanction. If a professional is sanctioned three times by
524	his or her respective board pursuant to a complaint under this
525	subparagraph, the professional shall be permanently prohibited
526	from certifying under this section.
527	Section 9.  Paragraph (c) of subsection (2) of section
528	373.427, Florida Statutes, is amended to read:
529	373.427  Concurrent permit review.--
530	(2)  In addition to the provisions set forth in subsection
531	(1) and notwithstanding s. 120.60, the procedures established in
532	this subsection shall apply to concurrently reviewed
533	applications which request proprietary authorization to use
534	board of trustees-owned submerged lands for activities for which
535	there has been no delegation of authority to take final agency
536	action without action by the board of trustees.
537	(c)  Any petition for an administrative hearing pursuant to
538	ss. 120.569 and 120.57 must be filed within 21 14 days after of
539	the notice of consolidated intent to grant or deny. Unless
540	waived by the applicant, within 60 days after the recommended
541	order is submitted, or at the next regularly scheduled meeting
542	for which notice may be properly given, whichever is latest, the
543	board of trustees shall determine what action to take on a any
544	recommended order issued under ss. 120.569 and 120.57 on the
545	application to use board of trustees-owned submerged lands, and
546	shall direct the department or water management district on what
547	action to take in the final order concerning the application to
548	use board of trustees-owned submerged lands. The department or
549	water management district shall determine what action to take on
550	any recommended order issued under ss. 120.569 and 120.57
551	regarding any concurrently processed permits, waivers,
552	variances, or approvals required by this chapter or chapter 161.
553	The department or water management district shall then take
554	final agency action by entering a consolidated final order
555	addressing each of the concurrently reviewed authorizations,
556	permits, waivers, or approvals. Failure to satisfy these
557	timeframes may shall not result in approval by default of the
558	application to use board of trustees-owned submerged lands. Any
559	provisions relating to authorization to use such board of
560	trustees-owned submerged lands shall be as directed by the board
561	of trustees. Issuance of the consolidated final order within 45
562	days after receipt of the direction of the board of trustees
563	regarding the application to use board of trustees-owned
564	submerged lands is deemed in compliance with the timeframes for
565	issuance of final orders under s. 120.60. The final order is
566	shall be subject to the provisions of s. 373.4275.
567	Section 10.  Paragraph (c) of subsection (2) of section
568	403.0876, Florida Statutes, is amended to read:
569	403.0876  Permits; processing.--
570	(2)
571	(c)  The failure of the department to approve or deny an
572	application for an air construction permit for which a federally
573	delegated or approved program requires a public participation
574	period of at least 30 days, or for an operation permit for a
575	major source of air pollution, as defined in s. 403.0872, within
576	the 90-day time period shall not result in the automatic
577	approval or denial of the permit and shall not prevent the
578	inclusion of specific permit conditions that which are necessary
579	to ensure compliance with applicable statutes and rules. If the
580	department fails to approve or deny such an operation permit for
581	a major source of air pollution within the 90-day period
582	specified in this section or in s. 403.0872, as applicable, the
583	applicant or a party who participated in the public comment
584	process may petition for a writ of mandamus to compel the
585	department to act.
586	Section 11.  Paragraphs (b) and (f) of subsection (2) and
587	subsections (3), (4), (5), and (9) of section 403.121, Florida
588	Statutes, are amended to read:
589	403.121  Enforcement; procedure; remedies.--The department
590	shall have the following judicial and administrative remedies
591	available to it for violations of this chapter, as specified in
592	s. 403.161(1).
593	(2)  Administrative remedies:
594	(b)  If the department has reason to believe a violation
595	has occurred, it may institute an administrative proceeding to
596	order the prevention, abatement, or control of the conditions
597	creating the violation or other appropriate corrective action.
598	Except for violations involving hazardous wastes, asbestos,
599	major sources of air pollution, or underground injection, the
600	department shall proceed administratively in all cases in which
601	the department seeks administrative penalties that do not exceed
602	$10,000 per assessment as calculated in accordance with
603	subsections (3), (4), (5), (6), and (7), and (9). Pursuant to 42
604	U.S.C. s. 300g-2, the administrative penalty assessed pursuant
605	to subsection (3), subsection (4), or subsection (5) against a
606	public water system serving a population of more than 10,000 may
607	shall be not be less than $1,000 per day per violation. The
608	department may shall not impose administrative penalties greater
609	than in excess of $10,000 in a notice of violation. The
610	department may shall not have more than one notice of violation
611	seeking administrative penalties pending against the same party
612	at the same time unless the violations occurred at a different
613	site or the violations were discovered by the department after
614	subsequent to the filing of a previous notice of violation.
615	(f)  In any administrative proceeding brought by the
616	department, the prevailing party shall recover all costs as
617	provided in ss. 57.041 and 57.071. The costs must be included in
618	the final order. The respondent is the prevailing party when a
619	final an order is entered which does not require the respondent
620	to perform any corrective actions or award any damages or
621	awarding no penalties to the department and such order has not
622	been reversed on appeal or the time for seeking judicial review
623	has expired. The respondent is shall be entitled to an award of
624	attorney's fees if the administrative law judge determines that
625	the notice of violation issued by the department seeking the
626	imposition of administrative penalties was not substantially
627	justified as defined in s. 57.111(3) s. 57.111(3)(e). An No
628	award of attorney's fees as provided by this subsection may not
629	shall exceed $15,000.
630	(3)  Except for violations involving hazardous wastes,
631	asbestos, major sources of air pollution, or underground
632	injection, administrative penalties must be in accordance with
633	calculated according to the following schedule:
634	(a)  For a drinking water violations contamination
635	violation, the department shall assess:
636	1.  A penalty of $2,000 for a maximum contaminant
637	containment level (MCL) violation; plus $1,000 if the violation
638	is for a primary inorganic, organic, or radiological maximum
639	contaminant level or it is a fecal coliform bacteria violation;
640	plus $1,000 if the violation occurs at a community water system;
641	and plus $1,000 if any maximum contaminant level is exceeded by
642	more than 100 percent.
643	2.  A penalty of $3,000 for failure to obtain a clearance
644	letter before prior to placing a drinking water system into
645	service if when the system would not have been eligible for
646	clearance, the department shall assess a penalty of $3,000. All
647	other failures to obtain a clearance letter before placing a
648	drinking water system into service shall result in a penalty of
649	$1,500.
650	3.  A penalty of $2,000 for failure to properly complete a
651	required public notice of violations, exceedances, or failures
652	that may pose an acute risk to human health, plus $2,000 if the
653	violation occurs at a community water system. All other failures
654	to properly complete a required public notice relating to
655	maximum contaminant level violations shall result in a penalty
656	of $1,000.
657	4.  A penalty of $1,000 for failure to submit a consumer
658	confidence report.
659	5.  A penalty of $1,000 for failure to provide or meet
660	licensed operator or staffing requirements at a drinking water
661	facility, plus $1,000 if the violation occurs at a community
662	water system.
663	(b)  For wastewater violations, the department shall
664	assess:
665	1.  A penalty of $5,000 for failure to obtain a required
666	wastewater permit before construction or modification, other
667	than a permit required for surface water discharge.
668	2.  A penalty of $4,000 for failure to obtain a permit to
669	construct a domestic wastewater collection or transmission
670	system.
671	3.  A penalty of $1,000 for failure to renew obtain a
672	required wastewater permit, other than a permit required for
673	surface water discharge, the department shall assess a penalty
674	of $1,000.
675	4.  For a domestic or industrial wastewater violation not
676	involving a surface water or groundwater quality violation, the
677	department shall assess a penalty of $2,000 for an unpermitted
678	or unauthorized discharge or effluent-limitation exceedance.
679	5.  A penalty of $5,000 for an unpermitted or unauthorized
680	discharge or effluent-limitation exceedance that resulted in a
681	surface water or groundwater quality violation, the department
682	shall assess a penalty of $5,000.
683	6.  A penalty of $2,000 for failure to properly notify the
684	department of an unauthorized spill, discharge, or abnormal
685	event that may impact public health or the environment.
686	7.  A penalty of $2,000 for failure to provide or meet
687	requirements for licensed operators or staffing at a wastewater
688	facility.
689	(c)  For a dredge, and fill, or stormwater violation, the
690	department shall assess:
691	1.  A penalty of $1,000 for unpermitted or unauthorized
692	dredging, or filling, or unauthorized construction of a
693	stormwater management system against the person or persons
694	responsible; for the illegal dredging or filling, or
695	unauthorized construction of a stormwater management system plus
696	$2,000 if the dredging or filling occurs in an aquatic preserve,
697	Outstanding Florida Water, conservation easement, or Class I or
698	Class II surface water;, plus $1,000 if the area dredged or
699	filled is greater than one-quarter acre but less than or equal
700	to one-half acre;, and plus $1,000 if the area dredged or filled
701	is greater than one-half acre but less than or equal to one
702	acre; and plus $3,000 if the person or persons responsible
703	previously applied for or obtained authorization from the
704	department to dredge or fill within wetlands or surface waters.
705	The administrative penalty schedule does shall not apply to a
706	dredge or and fill violation if the area dredged or filled
707	exceeds 1 one acre. The department retains the authority to seek
708	the judicial imposition of civil penalties for all dredge and
709	fill violations involving more than 1 one acre. The department
710	shall assess
711	2.  A penalty of $10,000 for dredge, fill, or stormwater
712	management system violations occurring in a conservation
713	easement.
714	3.  A penalty of $3,000 for the failure to complete
715	required mitigation, failure to record a required conservation
716	easement, or for a water quality violation resulting from
717	dredging or filling activities, stormwater construction
718	activities, or failure of a stormwater treatment facility.
719	4.  For stormwater management systems serving less than 5
720	acres, the department shall assess a penalty of $2,000 for the
721	failure to properly or timely construct a stormwater management
722	system.
723	5.  In addition to the penalties authorized in this
724	subsection, the department shall assess a penalty of $5,000 per
725	violation against the contractor or agent of the owner or tenant
726	that conducts unpermitted or unauthorized dredging or filling.
727	For purposes of this paragraph, the preparation or signing of a
728	permit application by a person currently licensed under chapter
729	471 to practice as a professional engineer does shall not make
730	that person an agent of the owner or tenant.
731	(d)  For mangrove trimming or alteration violations, the
732	department shall assess:
733	1.  A penalty of $5,000 per violation against any person
734	who violates ss. 403.9321-403.9333 the contractor or agent of
735	the owner or tenant that conducts mangrove trimming or
736	alteration without a permit as required by s. 403.9328. For
737	purposes of this paragraph, the preparation or signing of a
738	permit application by a person currently licensed under chapter
739	471 to practice as a professional engineer does shall not
740	constitute a violation make that person an agent of the owner or
741	tenant.
742	2.  For second and subsequent violations of subparagraph
743	1., an additional penalty of $100 for each mangrove illegally
744	trimmed and $250 for each mangrove illegally altered or removed,
745	not to exceed a total of $10,000.
746	3.  For second and subsequent violations of subparagraph 1.
747	by a professional mangrove trimmer, an additional penalty of
748	$250 for each mangrove illegally trimmed or altered, not to
749	exceed a total of $10,000.
750	(e)  For solid waste violations, the department shall
751	assess:
752	1.  A penalty of $2,000 for the unpermitted or unauthorized
753	disposal or storage of solid waste; plus $1,000 if the solid
754	waste is Class I or Class III (excluding yard trash) or if the
755	solid waste is construction and demolition debris in excess of
756	20 cubic yards;, plus $1,000 if the solid waste is disposed of
757	or stored in any natural or artificial body of water or within
758	500 feet of a potable water well; and, plus $1,000 if the solid
759	waste contains PCB at a concentration of 50 parts per million or
760	greater; untreated biomedical waste; more than 1 cubic meter of
761	regulated friable asbestos material that greater than 1 cubic
762	meter which is not wetted, bagged, and covered; more than 25
763	gallons of used oil greater than 25 gallons; or 10 or more lead
764	acid batteries.
765	2.  A penalty of $5,000 for failure to timely implement
766	evaluation monitoring or corrective actions in response to
767	adverse impacts to water quality at permitted facilities. The
768	department shall assess
769	3.  A penalty of $3,000 for failure to properly maintain
770	leachate control; unauthorized burning; failure to have a
771	trained spotter or trained operator on duty as required by
772	department rule at the working face when accepting waste;
773	failure to apply and maintain adequate initial, intermediate, or
774	final cover; failure to control or correct erosion resulting in
775	exposed waste; failure to implement a gas management system as
776	required by department rule; or processing or disposing of
777	unauthorized waste failure to provide access control for three
778	consecutive inspections. The department shall assess
779	4.  A penalty of $2,000 for failure to construct or
780	maintain a required stormwater management system; failure to
781	compact and slope waste as required by department rule; or
782	failure to maintain a small working face as required by
783	department rule.
784	5.  A penalty of $1,000 for failure to timely submit annual
785	updates required for financial assurance.
786	(f)  For an air emission violations violation, the
787	department shall assess a penalty of $1,000 for an unpermitted
788	or unauthorized air emission or an air-emission-permit
789	exceedance;, plus $1,000 if the emission results in an air
790	quality violation, plus $3,000 if the emission was from a major
791	source and the source was major for the pollutant in violation;
792	and plus $1,000 if the emission was more than 150 percent of the
793	allowable level.
794	(g)  For storage tank system and petroleum contamination
795	violations, the department shall assess:
796	1.  A penalty of $5,000 for failure to empty a damaged
797	storage system as necessary to ensure that a release does not
798	occur until repairs to the storage system are completed; if when
799	a release has occurred from that storage tank system; for
800	failure to timely recover free product as required by
801	department rule; for failure to submit a site assessment report;
802	or for failure to conduct remediation or monitoring activities
803	until a no-further-action or site-rehabilitation completion
804	order has been issued. The department shall assess
805	2.  A penalty of $3,000 for failure to timely upgrade a
806	storage tank system or to timely assess or remediate petroleum
807	contamination as required by department rule. The department
808	shall assess
809	3.   A penalty of $2,000 for failure to conduct or maintain
810	required release detection; failure to timely investigate a
811	suspected release from a storage system as required by
812	department rule; depositing motor fuel into an unregistered
813	storage tank system; failure to timely assess or remediate
814	petroleum contamination; or failure to properly install a
815	storage tank system. The department shall assess
816	4.  A penalty of $1,000 for failure to properly operate,
817	maintain, repair, or close a storage tank system.
818	(h)  For contaminated site rehabilitation violations, the
819	department shall assess:
820	1.  A penalty of $5,000 for failure to submit a complete
821	site assessment report; failure to provide notice of
822	contamination beyond property boundaries or complete a well
823	survey as required by department rule; for the use or injection
824	of substances or materials to surface water or groundwater for
825	remediation purposes without prior department approval; or for
826	the operation of a remedial treatment system without prior
827	department approval.
828	2.  A penalty of $3,000 for failure to timely assess or
829	remediate contamination as required by department rule.
830	(4)  In an administrative proceeding, in addition to the
831	any penalties that may be assessed under subsection (3), or for
832	violations not otherwise listed in subsection (3), the
833	department shall assess administrative penalties according to
834	the following schedule:
835	(a)  For failure to satisfy financial responsibility
836	requirements or for violation of s. 377.371(1), $5,000.
837	(b)  For failure to properly install, operate, maintain, or
838	use a required pollution control, collection, treatment, or
839	disposal system or device, or failure to use appropriate best
840	management practices or erosion and sediment controls, $4,000.
841	(c)  For failure to obtain a required permit or license
842	before construction or modification, $3,000 if the facility is
843	constructed, modified, or operated in compliance with applicable
844	requirements, or $5,000 if the facility is not constructed,
845	modified, or operated in compliance with applicable
846	requirements.
847	(d)  For failure to conduct required monitoring or testing;
848	failure to conduct required release detection; or failure to
849	construct in compliance with a permit, $2,000.
850	(e)  For failure to maintain required staff to respond to
851	emergencies; failure to conduct required training; failure to
852	prepare, maintain, or update required contingency plans; failure
853	to adequately respond to emergencies to bring an emergency
854	situation under control; or failure to submit required
855	notification to the department, $1,000.
856	(f)  Except as provided in subsection (2) with respect to
857	public water systems serving a population of more than 10,000,
858	for failure to prepare, submit, maintain, or use required
859	reports or other required documentation, $1,000 $500.
860	(5)  Except as provided in subsection (2) with respect to
861	public water systems serving a population of more than 10,000,
862	for failure to comply with any other departmental regulatory
863	statute or rule requirement not otherwise identified in this
864	section, the department may assess a penalty of $1,000 $500.
865	(9)  The administrative penalties assessed for any
866	particular violation may shall not exceed $5,000 against any one
867	violator, unless the violator has a history of noncompliance,
868	the violator received economic benefit from of the violation as
869	described in subsection (8) exceeds $5,000, or there are
870	multiday violations. The total administrative penalties may
871	shall not exceed $10,000 per assessment for all violations
872	attributable to a specific person in the notice of violation.
873	Section 12.  Subsection (9) is added to section 712.03,
874	Florida Statutes, to read:
875	712.03  Exceptions to marketability.--Such marketable
876	record title shall not affect or extinguish the following
877	rights:
878	(9)  Any right, title, or interest held by any governmental
879	entity, including, but not limited to, the Federal Government,
880	the state, any state agency, the Board of Trustees of the
881	Internal Improvement Trust Fund, any water management district
882	created pursuant to chapter 373, any county, any municipality,
883	any school district, any special district, or any other
884	political subdivision.
885	Section 13.  Section 712.04, Florida Statutes, is amended
886	to read:
887	712.04  Interests extinguished by marketable record
888	title.--Subject to the matters stated in s. 712.03, a such
889	marketable record title is shall be free and clear of all
890	estates, interests, claims, or charges whatsoever, the existence
891	of which depends upon any act, title transaction, event or
892	omission that occurred before prior to the effective date of the
893	root of title. All such estates, interests, claims, or charges,
894	however denominated, whether such estates, interests, claims, or
895	charges are or appear to be held or asserted by a person sui
896	juris or under a disability, whether such person is within or
897	without the state or, whether such person is natural or
898	corporate, or is private or governmental, are hereby declared to
899	be null and void, except that this chapter shall not be deemed
900	to affect any right, title, or interest of the United States,
901	Florida, or any of its officers, boards, commissions, or other
902	agencies reserved in the patent or deed by which the United
903	States, Florida, or any of its agencies parted with title.
904	Section 14.  Paragraph (b) of subsection (7) of section
905	373.036, Florida Statutes, is amended to read:
906	373.036  Florida water plan; district water management
907	plans.--
908	(7)  CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL
909	REPORT.--
910	(b)  The consolidated annual report shall contain the
911	following elements, as appropriate to that water management
912	district:
913	1.  A district water management plan annual report or the
914	annual work plan report allowed in subparagraph (2)(e)4.
915	2.  The department-approved minimum flows and levels annual
916	priority list and schedule required by s. 373.042(2).
917	3.  The annual 5-year capital improvements plan required by
918	s. 373.536(6)(a)3.
919	4.  The alternative water supplies annual report required
920	by s. 373.1961(3)(n).
921	5.  The final annual 5-year water resource development work
922	program required by s. 373.536(6)(a)4.
923	6.  The Florida Forever Water Management District Work Plan
924	annual report required by s. 373.199(7).
925	7.  The mitigation donation annual report required by s.
926	373.414(1)(c)(b)2.
927	Section 15.  Paragraph (e) of subsection (6) and subsection
928	(7) of section 373.4135, Florida Statutes, are amended to read:
929	373.4135  Mitigation banks and offsite regional
930	mitigation.--
931	(6)  An environmental creation, preservation, enhancement,
932	or restoration project, including regional offsite mitigation
933	areas, for which money is donated or paid as mitigation, that is
934	sponsored by the department, a water management district, or a
935	local government and provides mitigation for five or more
936	applicants for permits under this part, or for 35 or more acres
937	of adverse impacts, shall be established and operated under a
938	memorandum of agreement. The memorandum of agreement shall be
939	between the governmental entity proposing the mitigation project
940	and the department or water management district, as appropriate.
941	Such memorandum of agreement need not be adopted by rule. For
942	the purposes of this subsection, one creation, preservation,
943	enhancement, or restoration project shall mean one or more
944	parcels of land with similar ecological communities that are
945	intended to be created, preserved, enhanced, or restored under a
946	common scheme.
947	(e)  Projects governed by this subsection, except for
948	projects established pursuant to subsection (7), shall be
949	subject to the provisions of s. 373.414(1)(c)(b)1.
950	(7)  The department, water management districts, and local
951	governments may elect to establish and manage mitigation sites,
952	including regional offsite mitigation areas, or contract with
953	permitted mitigation banks, to provide mitigation options for
954	private single-family lots or homeowners. The department, water
955	management districts, and local governments shall provide a
956	written notice of their election under this subsection by United
957	States mail to those individuals who have requested, in writing,
958	to receive such notice. The use of mitigation options
959	established under this subsection are not subject to the full-
960	cost-accounting provision of s. 373.414(1)(c)(b)1. To use a
961	mitigation option established under this subsection, the
962	applicant for a permit under this part must be a private,
963	single-family lot or homeowner, and the land upon which the
964	adverse impact is located must be intended for use as a single-
965	family residence by the current owner. The applicant must not be
966	a corporation, partnership, or other business entity. However,
967	the provisions of this subsection shall not apply to other
968	entities that establish offsite regional mitigation as defined
969	in this section and s. 373.403.
970	Section 16.  Paragraph (d) of subsection (6) of section
971	373.4136, Florida Statutes, is amended to read:
972	373.4136  Establishment and operation of mitigation
973	banks.--
974	(6)  MITIGATION SERVICE AREA.--The department or water
975	management district shall establish a mitigation service area
976	for each mitigation bank permit. The department or water
977	management district shall notify and consider comments received
978	on the proposed mitigation service area from each local
979	government within the proposed mitigation service area. Except
980	as provided herein, mitigation credits may be withdrawn and used
981	only to offset adverse impacts in the mitigation service area.
982	The boundaries of the mitigation service area shall depend upon
983	the geographic area where the mitigation bank could reasonably
984	be expected to offset adverse impacts. Mitigation service areas
985	may overlap, and mitigation service areas for two or more
986	mitigation banks may be approved for a regional watershed.
987	(d)  If the requirements in s. 373.414(1)(c)(b) and (8) are
988	met, the following projects or activities regulated under this
989	part shall be eligible to use a mitigation bank, regardless of
990	whether they are located within the mitigation service area:
991	1.  Projects with adverse impacts partially located within
992	the mitigation service area.
993	2.  Linear projects, such as roadways, transmission lines,
994	distribution lines, pipelines, or railways.
995	3.  Projects with total adverse impacts of less than 1 acre
996	in size.
997	Section 17.  This act shall take effect July 1, 2009.

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