Florida Senate - 2009                                    SB 2104
       
       
       
       By Senator Constantine
       
       
       
       
       22-01415A-09                                          20092104__
    1                        A bill to be entitled                      
    2         An act relating to environmental protection; amending
    3         s. 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
    7         of county commissioners to decide whether to acquire
    8         county land being sold by the Board of Trustees of the
    9         Internal Improvement Trust Fund; amending s. 259.035,
   10         F.S.; increasing the maximum number of terms of
   11         appointed members of the Acquisition and Restoration
   12         Council; clarifying that vacancies in the unexpired
   13         term of appointed members shall be filled in the same
   14         manner as the original appointment; requiring a
   15         majority vote of the council for certain decisions;
   16         amending s. 259.037, F.S.; establishing certain dates
   17         by which agencies managing certain lands must submit
   18         certain reports and lists to the Land Management
   19         Uniform Accounting Council; amending s. 259.105, F.S.;
   20         providing that the certain proceeds from the Florida
   21         Forever Trust Fund shall be spent on certain capital
   22         projects within a year after acquisition rather than
   23         only at the time of acquisition; requiring a majority
   24         vote of the Acquisition and Restoration Council for
   25         certain decisions; amending s. 253.12, F.S.;
   26         clarifying that title to certain sovereignty lands
   27         which were judicially adjudicated are excluded from
   28         automatically becoming private property; amending s.
   29         373.427, F.S.; increasing the amount of time for
   30         filing a petition for an administrative hearing on an
   31         application to use board of trustees-owned submerged
   32         lands; amending s. 403.0876, F.S.; providing that the
   33         Department of Environmental Protection's failure to
   34         approve or deny certain air construction permits
   35         within 90 days does not automatically result in
   36         approval or denial; amending s. 403.121, F.S.;
   37         excluding certain air pollution violations from
   38         certain departmental actions; clarifying when a
   39         respondent in an administrative action is the
   40         prevailing party; revising the penalties that may be
   41         assessed for violations involving drinking water
   42         contamination, wastewater, dredge, fill, or
   43         stormwater, mangrove trimming or alterations, solid
   44         waste, air emission, and waste cleanup; increasing
   45         fines relating to public water system requirements;
   46         revising provisions relating to a limit on the amount
   47         of a fine for a particular violation by certain
   48         violators; amending ss. 712.03 and 712.04, F.S.;
   49         providing an exception from an entitlement to
   50         marketable record title to interests held by
   51         governmental entities; providing an effective date.
   52  
   53  Be It Enacted by the Legislature of the State of Florida:
   54  
   55         Section 1. Paragraphs (a) and (c) of subsection (5) of
   56  section 253.034, Florida Statutes, are amended to read:
   57         253.034 State-owned lands; uses.—
   58         (5) Each manager of conservation lands shall submit to the
   59  Division of State Lands a land management plan at least every 10
   60  years in a form and manner prescribed by rule by the board and
   61  in accordance with the provisions of s. 259.032. Each manager of
   62  conservation lands shall also update a land management plan
   63  whenever the manager proposes to add new facilities or make
   64  substantive land use or management changes that were not
   65  addressed in the approved plan, or within 1 year of the addition
   66  of significant new lands. Each manager of nonconservation lands
   67  shall submit to the Division of State Lands a land use plan at
   68  least every 10 years in a form and manner prescribed by rule by
   69  the board. The division shall review each plan for compliance
   70  with the requirements of this subsection and the requirements of
   71  the rules established by the board pursuant to this section. All
   72  land use plans, whether for single-use or multiple-use
   73  properties, shall include an analysis of the property to
   74  determine if any significant natural or cultural resources are
   75  located on the property. Such resources include archaeological
   76  and historic sites, state and federally listed plant and animal
   77  species, and imperiled natural communities and unique natural
   78  features. If such resources occur on the property, the manager
   79  shall consult with the Division of State Lands and other
   80  appropriate agencies to develop management strategies to protect
   81  such resources. Land use plans shall also provide for the
   82  control of invasive nonnative plants and conservation of soil
   83  and water resources, including a description of how the manager
   84  plans to control and prevent soil erosion and soil or water
   85  contamination. Land use plans submitted by a manager shall
   86  include reference to appropriate statutory authority for such
   87  use or uses and shall conform to the appropriate policies and
   88  guidelines of the state land management plan. Plans for managed
   89  areas larger than 1,000 acres shall contain an analysis of the
   90  multiple-use potential of the property, which analysis shall
   91  include the potential of the property to generate revenues to
   92  enhance the management of the property. Additionally, the plan
   93  shall contain an analysis of the potential use of private land
   94  managers to facilitate the restoration or management of these
   95  lands. In those cases where a newly acquired property has a
   96  valid conservation plan that was developed by a soil and
   97  conservation district, such plan shall be used to guide
   98  management of the property until a formal land use plan is
   99  completed.
  100         (a) State lands shall be managed to ensure the conservation
  101  of the state's plant and animal species and to ensure the
  102  accessibility of state lands for the benefit and enjoyment of
  103  all people of the state, both present and future. Effective July
  104  1, 2009, each land management plan must shall provide a desired
  105  outcome, describe both short-term and long-term management
  106  goals, and include measurable objectives for achieving these to
  107  achieve those goals. Short-term goals must shall be achievable
  108  within a 2-year planning period, and long-term goals must shall
  109  be achievable within a 10-year planning period. These short-term
  110  and long-term management goals shall be the basis for all
  111  subsequent land management activities.
  112         (c) Effective July 1, 2009, the land management plan must,
  113  shall at a minimum, contain the following elements:
  114         1. A physical description of the land.
  115         2. A quantitative data description of the land which
  116  includes an inventory of forest and other natural resources;
  117  exotic and invasive plants; hydrological features;
  118  infrastructure, including recreational facilities; and other
  119  significant land, cultural, or historical features. The
  120  inventory must shall reflect the number of acres for each
  121  resource and feature, as when appropriate. The inventory shall
  122  be of such detail that objective measures and benchmarks can be
  123  established for each tract of land and monitored during the
  124  lifetime of the plan. All quantitative data collected must shall
  125  be aggregated, standardized, collected, and presented in an
  126  electronic format to allow for uniform management reporting and
  127  analysis. The information collected by the Department of
  128  Environmental Protection pursuant to s. 253.0325(2) shall be
  129  available to the land manager and his or her assignee.
  130         3. A detailed description of each short-term and long-term
  131  land management goal, the associated measurable objectives, and
  132  the related activities that are to be performed to meet the land
  133  management objectives. Each land management objective must be
  134  addressed by the land management plan, and where practicable,
  135  may not no land management objective shall be performed to the
  136  detriment of the other land management objectives.
  137         4. A schedule of land management activities which contains
  138  short-term and long-term land management goals and the related
  139  measurable objective and activities. The schedule must shall
  140  include for each activity a timeline for completing each
  141  activity completion, quantitative measures, and detailed expense
  142  and manpower budgets. The schedule must shall provide a
  143  management tool that facilitates the development of performance
  144  measures.
  145         5. A summary budget for the scheduled land management
  146  activities of the land management plan. For state lands
  147  containing or anticipated to contain imperiled species habitat,
  148  the summary budget must shall include any fees anticipated from
  149  public or private entities for projects to offset adverse
  150  impacts to imperiled species or such habitat, which fees shall
  151  be used solely to restore, manage, enhance, repopulate, or
  152  acquire imperiled species habitat. The summary budget must shall
  153  be prepared in a such manner that it facilitates computing an
  154  aggregate of land management costs for all state-managed lands
  155  using the categories described in s. 259.037(3).
  156         Section 2. Subsection (2) of section 253.111, Florida
  157  Statutes, is amended to read:
  158         253.111 Notice to board of county commissioners before
  159  sale.—The Board of Trustees of the Internal Improvement Trust
  160  Fund of the state may not sell any land to which they hold title
  161  unless and until they afford an opportunity to the county in
  162  which such land is situated to receive such land on the
  163  following terms and conditions:
  164         (2) The board of county commissioners of the county in
  165  which such land is situated shall, within 40 days after receipt
  166  of such notification from the board, determine by resolution
  167  whether or not it proposes to acquire such land.
  168         Section 3. Subsections (1), (2), and (5) of section
  169  259.035, Florida Statutes, are amended to read:
  170         259.035 Acquisition and Restoration Council.—
  171         (1) There is created the Acquisition and Restoration
  172  Council.
  173         (a)The council shall be composed of eleven voting members,
  174  of which six members shall be appointed pursuant to paragraphs
  175  (a), (b), and (c) four of whom shall be appointed by the
  176  Governor. The appointed members shall be appointed Of these four
  177  appointees, three shall be from scientific disciplines related
  178  to land, water, or environmental sciences and the fourth shall
  179  have at least 5 years of experience in managing lands for both
  180  active and passive types of recreation. They shall serve 4-year
  181  terms, except that, initially, to provide for staggered terms,
  182  two of the appointees shall serve 2-year terms. All subsequent
  183  appointments shall be for 4-year staggered terms. An No
  184  appointee may not shall serve more than two terms 6 years. A
  185  vacancy shall be filled for the remainder of an unexpired term
  186  in the same manner as the original appointment. The Governor may
  187  at any time fill a vacancy for the unexpired term of a member
  188  appointed under this paragraph.
  189         (a)Four members shall be appointed by the Governor. Of
  190  these, three members shall be from scientific disciplines
  191  related to land, water, or environmental sciences and the fourth
  192  member must have at least 5 years of experience in managing
  193  lands for both active and passive types of recreation.
  194         (b)One member shall be appointed by the Commissioner of
  195  Agriculture from a discipline related to agriculture including
  196  silviculture.
  197         (c)One member shall be appointed by the Fish and Wildlife
  198  Conservation Commission from a discipline related to wildlife
  199  management or wildlife ecology.
  200         (d)(b) The five remaining members appointees shall be
  201  composed of the Secretary of Environmental Protection, the
  202  director of the Division of Forestry of the Department of
  203  Agriculture and Consumer Services, the executive director of the
  204  Fish and Wildlife Conservation Commission, the director of the
  205  Division of Historical Resources of the Department of State, and
  206  the secretary of the Department of Community Affairs, or their
  207  respective designees.
  208         (c)One member shall be appointed by the Commissioner of
  209  Agriculture with a discipline related to agriculture including
  210  silviculture. One member shall be appointed by the Fish and
  211  Wildlife Conservation Commission with a discipline related to
  212  wildlife management or wildlife ecology.
  213         (e)(d) The Governor shall appoint the chair of the council,
  214  and a vice chair shall be elected from among the members.
  215         (f)(e) The council shall hold periodic meetings at the
  216  request of the chair.
  217         (g)(f) The Department of Environmental Protection shall
  218  provide primary staff support to the council and shall ensure
  219  that council meetings are electronically recorded. Such
  220  recording must shall be preserved pursuant to chapters 119 and
  221  257.
  222         (h)(g) The board of trustees may has authority to adopt
  223  rules pursuant to administer ss. 120.536(1) and 120.54 to
  224  implement the provisions of this section.
  225         (2) The six appointed four members of the council appointed
  226  pursuant to paragraph (a) and the two members of the council
  227  appointed pursuant to paragraph (c) shall receive reimbursement
  228  for expenses and per diem for travel, to attend council
  229  meetings, as allowed state officers and employees while in the
  230  performance of their duties, pursuant to s. 112.061.
  231         (5) A majority vote An affirmative vote of five members of
  232  the council is required in order to change a project boundary or
  233  to place a proposed project on a list developed pursuant to
  234  subsection (4). Any member of the council who by family or a
  235  business relationship has a connection with all or a portion of
  236  any proposed project shall declare the interest before voting on
  237  its inclusion on a list.
  238         Section 4. Paragraph (b) of subsection (3) and subsection
  239  (6) of section 259.037, Florida Statutes, are amended to read:
  240         259.037 Land Management Uniform Accounting Council.—
  241         (3)
  242         (b) Beginning July 1, 2009, each reporting agency shall
  243  also:
  244         1. Include a report of the available public use
  245  opportunities for each management unit of state land, the total
  246  management cost for public access and public use, and the cost
  247  associated with each use option.
  248         2. List the acres of land requiring minimal management
  249  effort, moderate management effort, and significant management
  250  effort pursuant to s. 259.032(11)(c). For each category created
  251  in paragraph (a), the reporting agency shall include the amount
  252  of funds requested, the amount of funds received, and the amount
  253  of funds expended for land management.
  254         3. List acres managed and cost of management for each park,
  255  preserve, forest, reserve, or management area.
  256         4. List acres managed, cost of management, and lead manager
  257  for each state lands management unit for which secondary
  258  management activities were provided.
  259         5. Include a report of the estimated calculable financial
  260  benefits to the public for the ecosystem services provided by
  261  conservation lands, based on the best readily available
  262  information or science that provides a standard measurement
  263  methodology to be consistently applied by the land managing
  264  agencies. Such information may include, but need not be limited
  265  to, the value of natural lands for protecting the quality and
  266  quantity of drinking water through natural water filtration and
  267  recharge, contributions to protecting and improving air quality,
  268  benefits to agriculture through increased soil productivity and
  269  preservation of biodiversity, and savings to property and lives
  270  through flood control.
  271         (6) Beginning July 1, 2010 Biennially, each reporting
  272  agency shall biennially also submit an operational report for
  273  each management area along with the an approved management plan
  274  that was approved by the board of trustees pursuant to ss.
  275  253.034(5) and 259.032(10). The report should assess the
  276  progress toward achieving short-term and long-term management
  277  goals of the approved management plan, including all land
  278  management activities, and identify any deficiencies in
  279  management and corrective actions to address identified
  280  deficiencies as appropriate. This report shall be submitted to
  281  the Acquisition and Restoration Council and the division for
  282  inclusion in its annual report required pursuant to s. 259.036.
  283         Section 5. Paragraphs (b), (e), (f), (g), and (h) of
  284  subsection (3) and subsection (13) of section 259.105, Florida
  285  Statutes, are amended to read:
  286         259.105 The Florida Forever Act.—
  287         (3) Less the costs of issuing and the costs of funding
  288  reserve accounts and other costs associated with bonds, the
  289  proceeds of cash payments or bonds issued pursuant to this
  290  section shall be deposited into the Florida Forever Trust Fund
  291  created by s. 259.1051. The proceeds shall be distributed by the
  292  Department of Environmental Protection in the following manner:
  293         (b) Thirty-five percent to the Department of Environmental
  294  Protection for the acquisition of lands and capital project
  295  expenditures described in this section. Of the proceeds
  296  distributed pursuant to this paragraph, it is the intent of the
  297  Legislature that an increased priority be given to those
  298  acquisitions which achieve a combination of conservation goals,
  299  including protecting Florida's water resources and natural
  300  groundwater recharge. At a minimum, 3 percent, and no more than
  301  10 percent, of the funds allocated pursuant to this paragraph
  302  shall be spent on capital project expenditures identified in the
  303  management prospectus prepared pursuant to s. 259.032(9)(d)
  304  during the time of acquisition, or in the management plan
  305  prepared pursuant to s. 259.032(10) within 1 year after
  306  acquisition. Such capital projects must which meet land
  307  management planning activities necessary for public access.
  308         (e) One and five-tenths percent to the Department of
  309  Environmental Protection for the purchase of inholdings and
  310  additions to state parks and for capital project expenditures as
  311  described in this section. At a minimum, 1 percent, and no more
  312  than 10 percent, of the funds allocated pursuant to this
  313  paragraph shall be spent on capital project expenditures
  314  identified in the management prospectus prepared pursuant to s.
  315  259.032(9)(d) during the time of acquisition, or in the
  316  management plan prepared pursuant to s. 259.032(10) within 1
  317  year after acquisition. Such capital projects must which meet
  318  land management planning activities necessary for public access.
  319  For the purposes of this paragraph, the term “state park” means
  320  any real property in the state which is under the jurisdiction
  321  of the Division of Recreation and Parks of the department, or
  322  which may come under its jurisdiction.
  323         (f) One and five-tenths percent to the Division of Forestry
  324  of the Department of Agriculture and Consumer Services to fund
  325  the acquisition of state forest inholdings and additions
  326  pursuant to s. 589.07, the implementation of reforestation plans
  327  or sustainable forestry management practices, and for capital
  328  project expenditures as described in this section. At a minimum,
  329  1 percent, and no more than 10 percent, of the funds allocated
  330  for the acquisition of inholdings and additions pursuant to this
  331  paragraph shall be spent on capital project expenditures
  332  identified in the management prospectus prepared pursuant to s.
  333  259.032(9)(d) during the time of acquisition, or in the
  334  management plan prepared pursuant to s. 259.032(10) within 1
  335  year after acquisition. Such capital projects must which meet
  336  land management planning activities necessary for public access.
  337         (g) One and five-tenths percent to the Fish and Wildlife
  338  Conservation Commission to fund the acquisition of inholdings
  339  and additions to lands managed by the commission which are
  340  important to the conservation of fish and wildlife and for
  341  capital project expenditures as described in this section. At a
  342  minimum, 1 percent, and no more than 10 percent, of the funds
  343  allocated pursuant to this paragraph shall be spent on capital
  344  project expenditures identified in the management prospectus
  345  prepared pursuant to s. 259.032(9)(d) during the time of
  346  acquisition, or in the management plan prepared pursuant to s.
  347  259.032(10) within 1 year after acquisition. Such capital
  348  projects must which meet land management planning activities
  349  necessary for public access.
  350         (h) One and five-tenths percent to the Department of
  351  Environmental Protection for the Florida Greenways and Trails
  352  Program, to acquire greenways and trails or greenways and trail
  353  systems pursuant to chapter 260, including, but not limited to,
  354  abandoned railroad rights-of-way and the Florida National Scenic
  355  Trail and for capital project expenditures as described in this
  356  section. At a minimum, 1 percent, and no more than 10 percent,
  357  of the funds allocated pursuant to this paragraph shall be spent
  358  on capital project expenditures identified in the management
  359  prospectus prepared pursuant to s. 259.032(9)(d) during the time
  360  of acquisition, or in the management plan prepared pursuant to
  361  s. 259.032(10) within 1 year after acquisition. Such capital
  362  projects must which meet land management planning activities
  363  necessary for public access.
  364         (13) A majority vote An affirmative vote of five members of
  365  the Acquisition and Restoration Council is shall be required in
  366  order to place a proposed project on the list developed pursuant
  367  to subsection (8). Any member of the council who by family or a
  368  business relationship has a connection with any project proposed
  369  to be ranked shall declare such interest before prior to voting
  370  for a project's inclusion on the list.
  371         Section 6. Subsection (10) of section 253.12, Florida
  372  Statutes, is amended to read:
  373         253.12 Title to tidal lands vested in state.—
  374         (10) Subsection (9) does shall not operate to affect the
  375  title to lands which have been judicially adjudicated or which
  376  were the subject of litigation pending on January 1, 1993,
  377  involving title to such lands. Further, the provisions of
  378  subsection (9) do shall not apply to spoil islands or nor to any
  379  lands that which are included on an official acquisition list,
  380  on July 1, 1993, of a state agency or water management district
  381  for conservation, preservation, or recreation, nor to lands
  382  maintained as state or local recreation areas or shore
  383  protection structures, or to sovereignty lands that were filled
  384  before July 1, 1975, by any governmental entity for a public
  385  purpose or pursuant to proprietary authorization from the Board
  386  of Trustees of the Internal Improvement Trust Fund.
  387         Section 7. Paragraph (c) of subsection (2) of section
  388  373.427, Florida Statutes, is amended to read:
  389         373.427 Concurrent permit review.—
  390         (2) In addition to the provisions set forth in subsection
  391  (1) and notwithstanding s. 120.60, the procedures established in
  392  this subsection shall apply to concurrently reviewed
  393  applications which request proprietary authorization to use
  394  board of trustees-owned submerged lands for activities for which
  395  there has been no delegation of authority to take final agency
  396  action without action by the board of trustees.
  397         (c) Any petition for an administrative hearing pursuant to
  398  ss. 120.569 and 120.57 must be filed within 21 14 days after of
  399  the notice of consolidated intent to grant or deny. Unless
  400  waived by the applicant, within 60 days after the recommended
  401  order is submitted, or at the next regularly scheduled meeting
  402  for which notice may be properly given, whichever is latest, the
  403  board of trustees shall determine what action to take on a any
  404  recommended order issued under ss. 120.569 and 120.57 on the
  405  application to use board of trustees-owned submerged lands, and
  406  shall direct the department or water management district on what
  407  action to take in the final order concerning the application to
  408  use board of trustees-owned submerged lands. The department or
  409  water management district shall determine what action to take on
  410  any recommended order issued under ss. 120.569 and 120.57
  411  regarding any concurrently processed permits, waivers,
  412  variances, or approvals required by this chapter or chapter 161.
  413  The department or water management district shall then take
  414  final agency action by entering a consolidated final order
  415  addressing each of the concurrently reviewed authorizations,
  416  permits, waivers, or approvals. Failure to satisfy these
  417  timeframes may shall not result in approval by default of the
  418  application to use board of trustees-owned submerged lands. Any
  419  provisions relating to authorization to use such board of
  420  trustees-owned submerged lands shall be as directed by the board
  421  of trustees. Issuance of the consolidated final order within 45
  422  days after receipt of the direction of the board of trustees
  423  regarding the application to use board of trustees-owned
  424  submerged lands is deemed in compliance with the timeframes for
  425  issuance of final orders under s. 120.60. The final order is
  426  shall be subject to the provisions of s. 373.4275.
  427         Section 8. Paragraph (c) of subsection (2) of section
  428  403.0876, Florida Statutes, is amended to read:
  429         403.0876 Permits; processing.—
  430         (2)
  431         (c) The failure of the department to approve or deny an
  432  application for an air construction permit for which a federally
  433  delegated or approved program requires a public participation
  434  period of 30 days or longer, or for an operation permit for a
  435  major source of air pollution, as provided defined in s.
  436  403.0872, within the 90-day time period may shall not result in
  437  the automatic approval or denial of the permit and may shall not
  438  prevent the inclusion of specific permit conditions that which
  439  are necessary to ensure compliance with applicable statutes and
  440  rules. If the department fails to approve or deny such an
  441  operation permit for a major source of air pollution within the
  442  90-day period specified in this section or in s. 403.0872, as
  443  applicable, the applicant or a party who participated in the
  444  public comment process may petition for a writ of mandamus to
  445  compel the department to act.
  446         Section 9. Paragraphs (b) and (f) of subsection (2), and
  447  subsections (3), (4), (5), and (9) of section 403.121, Florida
  448  Statutes, are amended to read:
  449         403.121 Enforcement; procedure; remedies.—The department
  450  shall have the following judicial and administrative remedies
  451  available to it for violations of this chapter, as specified in
  452  s. 403.161(1).
  453         (2) Administrative remedies:
  454         (b) If the department has reason to believe a violation has
  455  occurred, it may institute an administrative proceeding to order
  456  the prevention, abatement, or control of the conditions creating
  457  the violation or other appropriate corrective action. Except for
  458  violations involving hazardous wastes, asbestos, major sources
  459  of air pollution, or underground injection, the department shall
  460  proceed administratively in all cases in which the department
  461  seeks administrative penalties that do not exceed $10,000 per
  462  assessment as calculated in accordance with subsections (3),
  463  (4), (5), (6), and (7), and (9). Pursuant to 42 U.S.C. s. 300g
  464  2, the administrative penalty assessed pursuant to subsection
  465  (3), subsection (4), or subsection (5) against a public water
  466  system serving a population of more than 10,000 may shall be not
  467  be less than $1,000 per day per violation. The department may
  468  shall not impose administrative penalties greater than in excess
  469  of $10,000 in a notice of violation. The department may shall
  470  not have more than one notice of violation seeking
  471  administrative penalties pending against the same party at the
  472  same time unless the violations occurred at a different site or
  473  the violations were discovered by the department after
  474  subsequent to the filing of a previous notice of violation.
  475         (f) In any administrative proceeding brought by the
  476  department, the prevailing party shall recover all costs as
  477  provided in ss. 57.041 and 57.071. The costs must be included in
  478  the final order. The respondent is the prevailing party when a
  479  final an order is entered which does not require the respondent
  480  to perform any corrective actions or award any damages or
  481  awarding no penalties to the department and such order has not
  482  been reversed on appeal or the time for seeking judicial review
  483  has expired. The respondent is shall be entitled to an award of
  484  attorney's fees if the administrative law judge determines that
  485  the notice of violation issued by the department seeking the
  486  imposition of administrative penalties was not substantially
  487  justified as defined in s. 57.111(3) s. 57.111(3)(e). An No
  488  award of attorney's fees as provided by this subsection may not
  489  shall exceed $15,000.
  490         (3) Except for violations involving hazardous wastes,
  491  asbestos, major sources of air pollution, or underground
  492  injection, administrative penalties must be in accordance with
  493  calculated according to the following schedule:
  494         (a) For a drinking water contamination violation, the
  495  department shall assess:
  496         1. A penalty of $2,000 for a maximum containment level
  497  (MCL) violation; plus $1,000 if the violation is for a primary
  498  inorganic, organic, or radiological maximum contaminant level or
  499  it is a fecal coliform bacteria violation; plus $1,000 if the
  500  violation occurs at a community water system; and plus $1,000 if
  501  any maximum contaminant level is exceeded by more than 100
  502  percent.
  503         2.A penalty of $4,000 for failure to maintain the required
  504  minimum gauge pressure throughout the drinking water
  505  distribution system.
  506         3.A penalty of $3,000 for failure to obtain a clearance
  507  letter before prior to placing a drinking water system into
  508  service if when the system would not have been eligible for
  509  clearance, the department shall assess a penalty of $3,000. All
  510  other failures to obtain a clearance letter before placing a
  511  drinking water system into service shall result in a penalty of
  512  $1,500.
  513         4.A penalty of $4,000 for failure to properly complete a
  514  required public notice of violations, exceedances, or failures
  515  that may pose an acute risk to human health. All other failures
  516  to properly complete a required public notice relating to
  517  maximum containment level violations shall result in a penalty
  518  of $2,000.
  519         5.A penalty of $1,000 for failure to submit a consumer
  520  confidence report to the department.
  521         6.A penalty of $2,000 for failure to provide or meet
  522  licensed operator or staffing requirements at a drinking water
  523  facility.
  524         (b) For wastewater violations, the department shall assess:
  525         1.A penalty of $5,000 for failure to obtain a required
  526  wastewater permit before construction or modification, other
  527  than a permit required for surface water discharge.
  528         2.A penalty of $4,000 for failure to obtain a permit to
  529  construct a domestic wastewater collection or transmission
  530  system.
  531         3.A penalty of $1,000 for failure to renew obtain a
  532  required wastewater permit, other than a permit required for
  533  surface water discharge, the department shall assess a penalty
  534  of $1,000.
  535         4. For a domestic or industrial wastewater violation not
  536  involving a surface water or groundwater quality violation, the
  537  department shall assess a penalty of $2,000 for an unpermitted
  538  or unauthorized discharge or effluent-limitation exceedance.
  539         5.A penalty of $5,000 for an unpermitted or unauthorized
  540  discharge or effluent-limitation exceedance that resulted in a
  541  surface water or groundwater quality violation, the department
  542  shall assess a penalty of $5,000.
  543         6.A penalty of $2,000 for failure to properly notify the
  544  department of an unauthorized spill, discharge, or abnormal
  545  event that may impact public health or the environment.
  546         7.A penalty of $2,000 for failure to provide or meet
  547  requirements for licensed operators or staffing at a wastewater
  548  facility.
  549         (c) For a dredge, and fill, or stormwater violation, the
  550  department shall assess:
  551         1. A penalty of $1,000 for unpermitted or unauthorized
  552  dredging, or filling, or unauthorized construction of a
  553  stormwater management system against the person or persons
  554  responsible; for the illegal dredging or filling, or
  555  unauthorized construction of a stormwater management system plus
  556  $2,000 if the dredging or filling occurs in an aquatic preserve,
  557  Outstanding Florida Water, conservation easement, or Class I or
  558  Class II surface water;, plus $1,000 if the area dredged or
  559  filled is greater than one-quarter acre but less than or equal
  560  to one-half acre;, and plus $1,000 if the area dredged or filled
  561  is greater than one-half acre but less than or equal to one
  562  acre; and plus $3,000 if the person or persons responsible
  563  previously applied for or obtained authorization from the
  564  department to dredge or fill within wetlands or surface waters.
  565         2.A penalty of $10,000 for dredge, fill, or stormwater
  566  management system violations occurring in a conservation
  567  easement.
  568         3. The administrative penalty schedule does shall not apply
  569  to a dredge or and fill violation if the area dredged or filled
  570  exceeds one acre. The department retains the authority to seek
  571  the judicial imposition of civil penalties for all dredge and
  572  fill violations involving more than one acre. The department
  573  shall assess
  574         4. A penalty of $3,000 for the failure to complete required
  575  mitigation, failure to record a required conservation easement,
  576  or for a water quality violation resulting from dredging or
  577  filling activities, stormwater construction activities, or
  578  failure of a stormwater treatment facility.
  579         5. For stormwater management systems serving less than 5
  580  acres, the department shall assess a penalty of $2,000 for the
  581  failure to properly or timely construct a stormwater management
  582  system.
  583         6. In addition to the penalties authorized in this
  584  subsection, the department shall assess a penalty of $5,000 per
  585  violation against the contractor or agent of the owner or tenant
  586  that conducts unpermitted or unauthorized dredging or filling.
  587  For purposes of this paragraph, the preparation or signing of a
  588  permit application by a person currently licensed under chapter
  589  471 to practice as a professional engineer does shall not make
  590  that person an agent of the owner or tenant.
  591         (d) For mangrove trimming or alteration violations, the
  592  department shall assess:
  593         1. A penalty of $5,000 per violation against any person who
  594  violates ss. 403.9321-403.9333 the contractor or agent of the
  595  owner or tenant that conducts mangrove trimming or alteration
  596  without a permit as required by s. 403.9328. For purposes of
  597  this paragraph, the preparation or signing of a permit
  598  application by a person currently licensed under chapter 471 to
  599  practice as a professional engineer does shall not make that
  600  person an agent of the owner or tenant.
  601         2.For second and subsequent violations of subparagraph 1.,
  602  an additional penalty of $100 for each mangrove illegally
  603  trimmed and $250 for each mangrove illegally altered, not to
  604  exceed a total of $10,000.
  605         3.For second and subsequent violations of subparagraph 1.
  606  by a professional mangrove trimmer, an additional penalty of
  607  $250 for each mangrove illegally trimmed or altered, not to
  608  exceed a total of $10,000.
  609         (e) For solid waste violations, the department shall
  610  assess:
  611         1. A penalty of $2,000 for the unpermitted or unauthorized
  612  disposal or storage of solid waste; plus $1,000 if the solid
  613  waste is Class I or Class III (excluding yard trash) or if the
  614  solid waste is construction and demolition debris in excess of
  615  20 cubic yards;, plus $1,000 if the solid waste is disposed of
  616  or stored in any natural or artificial body of water or within
  617  500 feet of a potable water well; and, plus $1,000 if the solid
  618  waste contains PCB at a concentration of 50 parts per million or
  619  greater; untreated biomedical waste; more than 1 cubic meter of
  620  regulated friable asbestos material that greater than 1 cubic
  621  meter which is not wetted, bagged, and covered; more than 25
  622  gallons of used oil greater than 25 gallons; or 10 or more lead
  623  acid batteries.
  624         2.A penalty of $5,000 for failure to timely implement
  625  evaluation monitoring or corrective actions in response to
  626  adverse impacts to water quality at permitted facilities. The
  627  department shall assess
  628         2. A penalty of $3,000 for failure to properly maintain
  629  leachate control; unauthorized burning; failure to have a
  630  trained spotter or trained operator on duty as required by
  631  department rule at the working face when accepting waste;
  632  failure to apply and maintain adequate initial, intermediate, or
  633  final cover; failure to control or correct erosion resulting in
  634  exposed waste; failure to implement a gas management system as
  635  required by department rule; or failure to dispose of or process
  636  unauthorized waste failure to provide access control for three
  637  consecutive inspections. The department shall assess
  638         3. A penalty of $2,000 for failure to construct or maintain
  639  a required stormwater management system; failure to compact and
  640  slope waste as required by department rule; or failure to
  641  maintain a small working face as required by department rule.
  642         4.A penalty of $1,000 for failure to timely submit annual
  643  updates required for financial assurance.
  644         (f) For an air emission violation, the department shall
  645  assess a penalty of $1,000 for an unpermitted or unauthorized
  646  air emission or an air-emission-permit exceedance;, plus $1,000
  647  if the emission results in an air quality violation, plus $3,000
  648  if the emission was from a major source and the source was major
  649  for the pollutant in violation; and plus $1,000 if the emission
  650  was more than 150 percent of the allowable level.
  651         (g) For storage tank system and petroleum contamination
  652  violations, the department shall assess:
  653         1. A penalty of $5,000 for failure to empty a damaged
  654  storage system as necessary to ensure that a release does not
  655  occur until repairs to the storage system are completed; if when
  656  a release has occurred from that storage tank system; for
  657  failure to timely recover free product; for failure to submit a
  658  complete site assessment report; or for failure to conduct
  659  remediation or monitoring activities until a no-further-action
  660  or site-rehabilitation completion order has been issued. The
  661  department shall assess
  662         2. A penalty of $3,000 for failure to timely upgrade a
  663  storage tank system or to timely assess or remediate petroleum
  664  contamination. The department shall assess
  665         3. A penalty of $2,000 for failure to conduct or maintain
  666  required release detection; failure to timely investigate a
  667  suspected release from a storage system; depositing motor fuel
  668  into an unregistered storage tank system; failure to timely
  669  assess or remediate petroleum contamination; or failure to
  670  properly install a storage tank system. The department shall
  671  assess
  672         4. A penalty of $1,000 for failure to properly operate,
  673  maintain, repair, or close a storage tank system.
  674         (h)For waste cleanup violations, the department shall
  675  assess:
  676         1.A penalty of $5,000 for failure to timely assess or
  677  remediate contamination; failure to provide notice of
  678  contamination beyond property boundaries or complete an offsite
  679  well survey; the use or injection of substances or materials to
  680  surface water or groundwater for remediation purposes without
  681  prior department approval; or for operation of a remedial
  682  treatment system without prior approval by the department.
  683         2.A penalty of $3,000 for failure to timely submit a
  684  complete site assessment report.
  685         3.A penalty of $500 for failure to timely submit any other
  686  plans, reports, or other information required by a department
  687  rule or order.
  688         (4) In an administrative proceeding, in addition to the any
  689  penalties that may be assessed under subsection (3), or for
  690  violations not otherwise listed in subsection (3), the
  691  department shall assess administrative penalties according to
  692  the following schedule:
  693         (a) For failure to satisfy financial responsibility
  694  requirements or for violation of s. 377.371(1), $5,000.
  695         (b) For failure to properly install, operate, maintain, or
  696  use a required pollution control, collection, treatment, or
  697  disposal system or device, or failure to use appropriate best
  698  management practices or erosion and sediment controls, $4,000.
  699         (c) For failure to obtain a required permit or license
  700  before construction or modification, $3,000 if the facility is
  701  constructed, modified, or operated in compliance with applicable
  702  requirements; or $5,000 if the facility is constructed,
  703  modified, or operated out of compliance with applicable
  704  requirements.
  705         (d) For failure to conduct required monitoring or testing;
  706  failure to conduct required release detection; or failure to
  707  construct in compliance with a permit, $2,000.
  708         (e) For failure to maintain required staff to respond to
  709  emergencies; failure to conduct required training; failure to
  710  prepare, maintain, or update required contingency plans; failure
  711  to adequately respond to emergencies to bring an emergency
  712  situation under control; or failure to submit required
  713  notification to the department, $1,000.
  714         (f) Except as provided in subsection (2) with respect to
  715  public water systems serving a population of more than 10,000,
  716  for failure to prepare, submit, maintain, or use required
  717  reports or other required documentation, $1,000 $500.
  718         (5) Except as provided in subsection (2) with respect to
  719  public water systems serving a population of more than 10,000,
  720  for failure to comply with any other departmental regulatory
  721  statute or rule requirement not otherwise identified in this
  722  section, the department may assess a penalty of $1,000 $500.
  723         (9) The administrative penalties assessed for any
  724  particular violation may shall not exceed $5,000 against any one
  725  violator, unless the violator has a history of noncompliance,
  726  the violator received economic benefit from of the violation as
  727  described in subsection (8) exceeds $5,000, or there are
  728  multiday violations. The total administrative penalties may
  729  shall not exceed $10,000 per assessment for all violations
  730  attributable to a specific person in the notice of violation.
  731         Section 10. Subsection (9) is added to section 712.03,
  732  Florida Statutes, to read:
  733         712.03 Exceptions to marketability.—Such marketable record
  734  title shall not affect or extinguish the following rights:
  735         (9)Any right, title, or interest held by any governmental
  736  entity, including, but not limited to, the Federal Government,
  737  the state, any state agency, the Board of Trustees of the
  738  Internal Improvement Trust Fund, any water management district
  739  created pursuant to chapter 373, any county, any municipality,
  740  any school district, any special district, or any other
  741  political subdivision.
  742         Section 11. Section 712.04, Florida Statutes, is amended to
  743  read:
  744         712.04 Interests extinguished by marketable record title.
  745  Subject to the matters stated in s. 712.03, a such marketable
  746  record title is shall be free and clear of all estates,
  747  interests, claims, or charges whatsoever, the existence of which
  748  depends upon any act, title transaction, event or omission that
  749  occurred before prior to the effective date of the root of
  750  title. All such estates, interests, claims, or charges, however
  751  denominated, whether such estates, interests, claims, or charges
  752  are or appear to be held or asserted by a person sui juris or
  753  under a disability, whether such person is within or without the
  754  state or, whether such person is natural or corporate, or is
  755  private or governmental, are hereby declared to be null and
  756  void, except that this chapter shall not be deemed to affect any
  757  right, title, or interest of the United States, Florida, or any
  758  of its officers, boards, commissions, or other agencies reserved
  759  in the patent or deed by which the United States, Florida, or
  760  any of its agencies parted with title.
  761         Section 12. This act shall take effect July 1, 2009.