Florida Senate - 2009                      CS for CS for SB 2104
       
       
       
       By the Committees on Community Affairs; and Environmental
       Preservation and Conservation; and Senator Constantine
       
       
       
       578-04363-09                                          20092104c2
    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         state 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 an
   15         affirmative vote of six members of the council for
   16         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
   19         the Land Management Uniform Accounting Council;
   20         amending s. 259.105, F.S.; providing that the certain
   21         proceeds from the Florida Forever Trust Fund shall be
   22         spent on certain capital projects within a year after
   23         acquisition rather than only at the time of
   24         acquisition; requiring an affirmative vote of six
   25         members of the Acquisition and Restoration Council for
   26         certain decisions; amending s. 253.12, F.S.;
   27         clarifying that title to certain sovereignty lands
   28         which were judicially adjudicated are excluded from
   29         automatically becoming private property; amending s.
   30         373.427, F.S.; increasing the amount of time for
   31         filing a petition for an administrative hearing on an
   32         application to use board of trustees-owned submerged
   33         lands; amending s. 403.0876, F.S.; providing that the
   34         Department of Environmental Protection’s failure to
   35         approve or deny certain air construction permits
   36         within 90 days does not automatically result in
   37         approval or denial; amending s. 403.121, F.S.;
   38         excluding certain air pollution violations from
   39         certain departmental actions; clarifying when a
   40         respondent in an administrative action is the
   41         prevailing party; revising the penalties that may be
   42         assessed for violations involving drinking water
   43         contamination, wastewater, dredge, fill, or
   44         stormwater, mangrove trimming or alterations, solid
   45         waste, air emission, and waste cleanup; increasing
   46         fines relating to public water system requirements;
   47         revising provisions relating to a limit on the amount
   48         of a fine for a particular violation by certain
   49         violators; amending ss. 712.03 and 712.04, F.S.;
   50         providing an exception from an entitlement to
   51         marketable record title to interests held by
   52         governmental entities; providing an effective date.
   53  
   54  Be It Enacted by the Legislature of the State of Florida:
   55  
   56         Section 1. Paragraphs (a) and (c) of subsection (5) of
   57  section 253.034, Florida Statutes, are amended to read:
   58         253.034 State-owned lands; uses.—
   59         (5) Each manager of conservation lands shall submit to the
   60  Division of State Lands a land management plan at least every 10
   61  years in a form and manner prescribed by rule by the board and
   62  in accordance with the provisions of s. 259.032. Each manager of
   63  conservation lands shall also update a land management plan
   64  whenever the manager proposes to add new facilities or make
   65  substantive land use or management changes that were not
   66  addressed in the approved plan, or within 1 year of the addition
   67  of significant new lands. Each manager of nonconservation lands
   68  shall submit to the Division of State Lands a land use plan at
   69  least every 10 years in a form and manner prescribed by rule by
   70  the board. The division shall review each plan for compliance
   71  with the requirements of this subsection and the requirements of
   72  the rules established by the board pursuant to this section. All
   73  land use plans, whether for single-use or multiple-use
   74  properties, shall include an analysis of the property to
   75  determine if any significant natural or cultural resources are
   76  located on the property. Such resources include archaeological
   77  and historic sites, state and federally listed plant and animal
   78  species, and imperiled natural communities and unique natural
   79  features. If such resources occur on the property, the manager
   80  shall consult with the Division of State Lands and other
   81  appropriate agencies to develop management strategies to protect
   82  such resources. Land use plans shall also provide for the
   83  control of invasive nonnative plants and conservation of soil
   84  and water resources, including a description of how the manager
   85  plans to control and prevent soil erosion and soil or water
   86  contamination. Land use plans submitted by a manager shall
   87  include reference to appropriate statutory authority for such
   88  use or uses and shall conform to the appropriate policies and
   89  guidelines of the state land management plan. Plans for managed
   90  areas larger than 1,000 acres shall contain an analysis of the
   91  multiple-use potential of the property, which analysis shall
   92  include the potential of the property to generate revenues to
   93  enhance the management of the property. Additionally, the plan
   94  shall contain an analysis of the potential use of private land
   95  managers to facilitate the restoration or management of these
   96  lands. In those cases where a newly acquired property has a
   97  valid conservation plan that was developed by a soil and
   98  conservation district, such plan shall be used to guide
   99  management of the property until a formal land use plan is
  100  completed.
  101         (a) State lands shall be managed to ensure the conservation
  102  of the state’s plant and animal species and to ensure the
  103  accessibility of state lands for the benefit and enjoyment of
  104  all people of the state, both present and future. Beginning July
  105  1, 2009, each newly developed or updated land management plan
  106  must shall provide a desired outcome, describe both short-term
  107  and long-term management goals, and include measurable
  108  objectives for achieving these to achieve those goals. Short
  109  term goals must shall be achievable within a 2-year planning
  110  period, and long-term goals must shall be achievable within a
  111  10-year planning period. These short-term and long-term
  112  management goals shall be the basis for all subsequent land
  113  management activities.
  114         (c) Beginning July 1, 2009, a newly developed or updated
  115  the land management plan must, shall at a minimum, contain the
  116  following elements:
  117         1. A physical description of the land.
  118         2. A quantitative data description of the land which
  119  includes an inventory of forest and other natural resources;
  120  exotic and invasive plants; hydrological features;
  121  infrastructure, including recreational facilities; and other
  122  significant land, cultural, or historical features. The
  123  inventory must shall reflect the number of acres for each
  124  resource and feature, as when appropriate. The inventory shall
  125  be of such detail that objective measures and benchmarks can be
  126  established for each tract of land and monitored during the
  127  lifetime of the plan. All quantitative data collected must shall
  128  be aggregated, standardized, collected, and presented in an
  129  electronic format to allow for uniform management reporting and
  130  analysis. The information collected by the Department of
  131  Environmental Protection pursuant to s. 253.0325(2) shall be
  132  available to the land manager and his or her assignee.
  133         3. A detailed description of each short-term and long-term
  134  land management goal, the associated measurable objectives, and
  135  the related activities that are to be performed to meet the land
  136  management objectives. Each land management objective must be
  137  addressed by the land management plan, and where practicable,
  138  may not no land management objective shall be performed to the
  139  detriment of the other land management objectives.
  140         4. A schedule of land management activities which contains
  141  short-term and long-term land management goals and the related
  142  measurable objective and activities. The schedule must shall
  143  include for each activity a timeline for completing each
  144  activity completion, quantitative measures, and detailed expense
  145  and manpower budgets. The schedule must shall provide a
  146  management tool that facilitates the development of performance
  147  measures.
  148         5. A summary budget for the scheduled land management
  149  activities of the land management plan. For state lands
  150  containing or anticipated to contain imperiled species habitat,
  151  the summary budget must shall include any fees anticipated from
  152  public or private entities for projects to offset adverse
  153  impacts to imperiled species or such habitat, which fees shall
  154  be used solely to restore, manage, enhance, repopulate, or
  155  acquire imperiled species habitat. The summary budget must shall
  156  be prepared in a such manner that it facilitates computing an
  157  aggregate of land management costs for all state-managed lands
  158  using the categories described in s. 259.037(3).
  159         Section 2. Subsection (2) of section 253.111, Florida
  160  Statutes, is amended to read:
  161         253.111 Notice to board of county commissioners before
  162  sale.—The Board of Trustees of the Internal Improvement Trust
  163  Fund of the state may not sell any land to which they hold title
  164  unless and until they afford an opportunity to the county in
  165  which such land is situated to receive such land on the
  166  following terms and conditions:
  167         (2) The board of county commissioners of the county in
  168  which such land is situated shall, within 40 days after receipt
  169  of such notification from the board, determine by resolution
  170  whether or not it proposes to acquire such land.
  171         Section 3. Subsections (1), (2), and (5) of section
  172  259.035, Florida Statutes, are amended to read:
  173         259.035 Acquisition and Restoration Council.—
  174         (1) There is created the Acquisition and Restoration
  175  Council.
  176         (a)The council shall be composed of eleven voting members,
  177  of which six members shall be appointed pursuant to paragraphs
  178  (a), (b), and (c) four of whom shall be appointed by the
  179  Governor. The appointed members shall be appointed Of these four
  180  appointees, three shall be from scientific disciplines related
  181  to land, water, or environmental sciences and the fourth shall
  182  have at least 5 years of experience in managing lands for both
  183  active and passive types of recreation. They shall serve 4-year
  184  terms, except that, initially, to provide for staggered terms,
  185  two of the appointees shall serve 2-year terms. All subsequent
  186  appointments shall be for 4-year staggered terms. An No
  187  appointee may not shall serve more than two terms 6 years. A
  188  vacancy shall be filled for the remainder of an unexpired term
  189  in the same manner as the original appointment. The Governor may
  190  at any time fill a vacancy for the unexpired term of a member
  191  appointed under this paragraph.
  192         (a)Four members shall be appointed by the Governor. Of
  193  these, three members shall be from scientific disciplines
  194  related to land, water, or environmental sciences and the fourth
  195  member must have at least 5 years of experience in managing
  196  lands for both active and passive types of recreation.
  197         (b)One member shall be appointed by the Commissioner of
  198  Agriculture from a discipline related to agriculture including
  199  silviculture.
  200         (c)One member shall be appointed by the Fish and Wildlife
  201  Conservation Commission from a discipline related to wildlife
  202  management or wildlife ecology.
  203         (d)(b) The five remaining members appointees shall be
  204  composed of the Secretary of Environmental Protection, the
  205  director of the Division of Forestry of the Department of
  206  Agriculture and Consumer Services, the executive director of the
  207  Fish and Wildlife Conservation Commission, the director of the
  208  Division of Historical Resources of the Department of State, and
  209  the secretary of the Department of Community Affairs, or their
  210  respective designees.
  211         (c)One member shall be appointed by the Commissioner of
  212  Agriculture with a discipline related to agriculture including
  213  silviculture. One member shall be appointed by the Fish and
  214  Wildlife Conservation Commission with a discipline related to
  215  wildlife management or wildlife ecology.
  216         (e)(d) The Governor shall appoint the chair of the council,
  217  and a vice chair shall be elected from among the members.
  218         (f)(e) The council shall hold periodic meetings at the
  219  request of the chair.
  220         (g)(f) The Department of Environmental Protection shall
  221  provide primary staff support to the council and shall ensure
  222  that council meetings are electronically recorded. Such
  223  recording must shall be preserved pursuant to chapters 119 and
  224  257.
  225         (h)(g) The board of trustees may has authority to adopt
  226  rules pursuant to administer ss. 120.536(1) and 120.54 to
  227  implement the provisions of this section.
  228         (2) The six appointed four members of the council appointed
  229  pursuant to paragraph (a) and the two members of the council
  230  appointed pursuant to paragraph (c) shall receive reimbursement
  231  for expenses and per diem for travel, to attend council
  232  meetings, as allowed state officers and employees while in the
  233  performance of their duties, pursuant to s. 112.061.
  234         (5) An affirmative vote of six five members of the council
  235  is required in order to change a project boundary or to place a
  236  proposed project on a list developed pursuant to subsection (4).
  237  Any member of the council who by family or a business
  238  relationship has a connection with all or a portion of any
  239  proposed project shall declare the interest before voting on its
  240  inclusion on a list.
  241         Section 4. Paragraph (b) of subsection (3) and subsection
  242  (6) of section 259.037, Florida Statutes, are amended to read:
  243         259.037 Land Management Uniform Accounting Council.—
  244         (3)
  245         (b) Beginning July 1, 2009, each reporting agency shall
  246  also:
  247         1. Include a report of the available public use
  248  opportunities for each management unit of state land, the total
  249  management cost for public access and public use, and the cost
  250  associated with each use option.
  251         2. List the acres of land requiring minimal management
  252  effort, moderate management effort, and significant management
  253  effort pursuant to s. 259.032(11)(c). For each category created
  254  in paragraph (a), the reporting agency shall include the amount
  255  of funds requested, the amount of funds received, and the amount
  256  of funds expended for land management.
  257         3. List acres managed and cost of management for each park,
  258  preserve, forest, reserve, or management area.
  259         4. List acres managed, cost of management, and lead manager
  260  for each state lands management unit for which secondary
  261  management activities were provided.
  262         5. Include a report of the estimated calculable financial
  263  benefits to the public for the ecosystem services provided by
  264  conservation lands, based on the best readily available
  265  information or science that provides a standard measurement
  266  methodology to be consistently applied by the land managing
  267  agencies. Such information may include, but need not be limited
  268  to, the value of natural lands for protecting the quality and
  269  quantity of drinking water through natural water filtration and
  270  recharge, contributions to protecting and improving air quality,
  271  benefits to agriculture through increased soil productivity and
  272  preservation of biodiversity, and savings to property and lives
  273  through flood control.
  274         (6) Beginning July 1, 2010 Biennially, each reporting
  275  agency shall also submit an operational report every 5 years for
  276  each management area to which a new or updated along with an
  277  approved management plan was approved by the board of trustees
  278  pursuant to ss. 253.034(5) and 259.032(10). The report should
  279  assess the progress toward achieving short-term and long-term
  280  management goals of the approved management plan, including all
  281  land management activities, and identify any deficiencies in
  282  management and corrective actions to address identified
  283  deficiencies as appropriate. This report shall be submitted to
  284  the Acquisition and Restoration Council and the division for
  285  inclusion in its annual report required pursuant to s. 259.036.
  286         Section 5. Paragraphs (b), (e), (f), (g), and (h) of
  287  subsection (3) and subsection (13) of section 259.105, Florida
  288  Statutes, are amended to read:
  289         259.105 The Florida Forever Act.—
  290         (3) Less the costs of issuing and the costs of funding
  291  reserve accounts and other costs associated with bonds, the
  292  proceeds of cash payments or bonds issued pursuant to this
  293  section shall be deposited into the Florida Forever Trust Fund
  294  created by s. 259.1051. The proceeds shall be distributed by the
  295  Department of Environmental Protection in the following manner:
  296         (b) Thirty-five percent to the Department of Environmental
  297  Protection for the acquisition of lands and capital project
  298  expenditures described in this section. Of the proceeds
  299  distributed pursuant to this paragraph, it is the intent of the
  300  Legislature that an increased priority be given to those
  301  acquisitions which achieve a combination of conservation goals,
  302  including protecting Florida’s water resources and natural
  303  groundwater recharge. At a minimum, 3 percent, and no more than
  304  10 percent, of the funds allocated pursuant to this paragraph
  305  shall be spent on capital project expenditures identified in the
  306  management prospectus prepared pursuant to s. 259.032(9)(d)
  307  during the time of acquisition, or in the management plan
  308  prepared pursuant to s. 259.032(10). Such capital projects must
  309  which meet land management planning activities necessary for
  310  public access.
  311         (e) One and five-tenths percent to the Department of
  312  Environmental Protection for the purchase of inholdings and
  313  additions to state parks and for capital project expenditures as
  314  described in this section. At a minimum, 1 percent, and no more
  315  than 10 percent, of the funds allocated pursuant to this
  316  paragraph shall be spent on capital project expenditures
  317  identified in the management prospectus prepared pursuant to s.
  318  259.032(9)(d) during the time of acquisition, or in the
  319  management plan prepared pursuant to s. 259.032(10). Such
  320  capital projects must which meet land management planning
  321  activities necessary for public access. For the purposes of this
  322  paragraph, the term “state park” means any real property in the
  323  state which is under the jurisdiction of the Division of
  324  Recreation and Parks of the department, or which may come under
  325  its jurisdiction.
  326         (f) One and five-tenths percent to the Division of Forestry
  327  of the Department of Agriculture and Consumer Services to fund
  328  the acquisition of state forest inholdings and additions
  329  pursuant to s. 589.07, the implementation of reforestation plans
  330  or sustainable forestry management practices, and for capital
  331  project expenditures as described in this section. At a minimum,
  332  1 percent, and no more than 10 percent, of the funds allocated
  333  for the acquisition of inholdings and additions pursuant to this
  334  paragraph shall be spent on capital project expenditures
  335  identified in the management prospectus prepared pursuant to s.
  336  259.032(9)(d) during the time of acquisition, or in the
  337  management plan prepared pursuant to s. 259.032(10). Such
  338  capital projects must which meet land management planning
  339  activities necessary for public access.
  340         (g) One and five-tenths percent to the Fish and Wildlife
  341  Conservation Commission to fund the acquisition of inholdings
  342  and additions to lands managed by the commission which are
  343  important to the conservation of fish and wildlife and for
  344  capital project expenditures as described in this section. At a
  345  minimum, 1 percent, and no more than 10 percent, of the funds
  346  allocated pursuant to this paragraph shall be spent on capital
  347  project expenditures identified in the management prospectus
  348  prepared pursuant to s. 259.032(9)(d) during the time of
  349  acquisition, or in the management plan prepared pursuant to s.
  350  259.032(10). Such capital projects must which meet land
  351  management planning activities necessary for public access.
  352         (h) One and five-tenths percent to the Department of
  353  Environmental Protection for the Florida Greenways and Trails
  354  Program, to acquire greenways and trails or greenways and trail
  355  systems pursuant to chapter 260, including, but not limited to,
  356  abandoned railroad rights-of-way and the Florida National Scenic
  357  Trail and for capital project expenditures as described in this
  358  section. At a minimum, 1 percent, and no more than 10 percent,
  359  of the funds allocated pursuant to this paragraph shall be spent
  360  on capital project expenditures identified in the management
  361  prospectus prepared pursuant to s. 259.032(9)(d) during the time
  362  of acquisition, or in the management plan prepared pursuant to
  363  s. 259.032(10). Such capital projects must which meet land
  364  management planning activities necessary for public access.
  365         (13) An affirmative vote of six five members of the
  366  Acquisition and Restoration Council is shall be required in
  367  order to place a proposed project on the list developed pursuant
  368  to subsection (8). Any member of the council who by family or a
  369  business relationship has a connection with any project proposed
  370  to be ranked shall declare such interest before prior to voting
  371  for a project’s inclusion on the list.
  372         Section 6. Subsection (10) of section 253.12, Florida
  373  Statutes, is amended to read:
  374         253.12 Title to tidal lands vested in state.—
  375         (10) Subsection (9) does shall not operate to affect the
  376  title to lands which have been judicially adjudicated or which
  377  were the subject of litigation pending on January 1, 1993,
  378  involving title to such lands. Further, the provisions of
  379  subsection (9) do shall not apply to spoil islands or nor to any
  380  lands that which are included on an official acquisition list,
  381  on July 1, 1993, of a state agency or water management district
  382  for conservation, preservation, or recreation, nor to lands
  383  maintained as state or local recreation areas or shore
  384  protection structures, or to sovereignty lands that were filled
  385  before July 1, 1975, by any governmental entity for a public
  386  purpose or pursuant to proprietary authorization from the Board
  387  of Trustees of the Internal Improvement Trust Fund.
  388         Section 7. Paragraph (c) of subsection (2) of section
  389  373.427, Florida Statutes, is amended to read:
  390         373.427 Concurrent permit review.—
  391         (2) In addition to the provisions set forth in subsection
  392  (1) and notwithstanding s. 120.60, the procedures established in
  393  this subsection shall apply to concurrently reviewed
  394  applications which request proprietary authorization to use
  395  board of trustees-owned submerged lands for activities for which
  396  there has been no delegation of authority to take final agency
  397  action without action by the board of trustees.
  398         (c) Any petition for an administrative hearing pursuant to
  399  ss. 120.569 and 120.57 must be filed within 21 14 days after of
  400  the notice of consolidated intent to grant or deny. Unless
  401  waived by the applicant, within 60 days after the recommended
  402  order is submitted, or at the next regularly scheduled meeting
  403  for which notice may be properly given, whichever is latest, the
  404  board of trustees shall determine what action to take on a any
  405  recommended order issued under ss. 120.569 and 120.57 on the
  406  application to use board of trustees-owned submerged lands, and
  407  shall direct the department or water management district on what
  408  action to take in the final order concerning the application to
  409  use board of trustees-owned submerged lands. The department or
  410  water management district shall determine what action to take on
  411  any recommended order issued under ss. 120.569 and 120.57
  412  regarding any concurrently processed permits, waivers,
  413  variances, or approvals required by this chapter or chapter 161.
  414  The department or water management district shall then take
  415  final agency action by entering a consolidated final order
  416  addressing each of the concurrently reviewed authorizations,
  417  permits, waivers, or approvals. Failure to satisfy these
  418  timeframes may shall not result in approval by default of the
  419  application to use board of trustees-owned submerged lands. Any
  420  provisions relating to authorization to use such board of
  421  trustees-owned submerged lands shall be as directed by the board
  422  of trustees. Issuance of the consolidated final order within 45
  423  days after receipt of the direction of the board of trustees
  424  regarding the application to use board of trustees-owned
  425  submerged lands is deemed in compliance with the timeframes for
  426  issuance of final orders under s. 120.60. The final order is
  427  shall be subject to the provisions of s. 373.4275.
  428         Section 8. Paragraph (c) of subsection (2) of section
  429  403.0876, Florida Statutes, is amended to read:
  430         403.0876 Permits; processing.—
  431         (2)
  432         (c) The failure of the department to approve or deny an
  433  application for an air construction permit for which a federally
  434  delegated or approved program requires a public participation
  435  period of 30 days or longer, or for an operation permit for a
  436  major source of air pollution, as defined in s. 403.0872, within
  437  the 90-day time period shall not result in the automatic
  438  approval or denial of the permit and shall not prevent the
  439  inclusion of specific permit conditions that which are necessary
  440  to ensure compliance with applicable statutes and rules. If the
  441  department fails to approve or deny such an operation permit for
  442  a major source of air pollution within the 90-day period
  443  specified in this section or in s. 403.0872, as applicable, the
  444  applicant or a party who participated in the public comment
  445  process may petition for a writ of mandamus to compel the
  446  department to act.
  447         Section 9. Paragraphs (b) and (f) of subsection (2), and
  448  subsections (3), (4), (5), and (9) of section 403.121, Florida
  449  Statutes, are amended to read:
  450         403.121 Enforcement; procedure; remedies.—The department
  451  shall have the following judicial and administrative remedies
  452  available to it for violations of this chapter, as specified in
  453  s. 403.161(1).
  454         (2) Administrative remedies:
  455         (b) If the department has reason to believe a violation has
  456  occurred, it may institute an administrative proceeding to order
  457  the prevention, abatement, or control of the conditions creating
  458  the violation or other appropriate corrective action. Except for
  459  violations involving hazardous wastes, asbestos, major sources
  460  of air pollution, or underground injection, the department shall
  461  proceed administratively in all cases in which the department
  462  seeks administrative penalties that do not exceed $10,000 per
  463  assessment as calculated in accordance with subsections (3),
  464  (4), (5), (6), and (7), and (9). Pursuant to 42 U.S.C. s. 300g
  465  2, the administrative penalty assessed pursuant to subsection
  466  (3), subsection (4), or subsection (5) against a public water
  467  system serving a population of more than 10,000 may shall be not
  468  be less than $1,000 per day per violation. The department may
  469  shall not impose administrative penalties greater than in excess
  470  of $10,000 in a notice of violation. The department may shall
  471  not have more than one notice of violation seeking
  472  administrative penalties pending against the same party at the
  473  same time unless the violations occurred at a different site or
  474  the violations were discovered by the department after
  475  subsequent to the filing of a previous notice of violation.
  476         (f) In any administrative proceeding brought by the
  477  department, the prevailing party shall recover all costs as
  478  provided in ss. 57.041 and 57.071. The costs must be included in
  479  the final order. The respondent is the prevailing party when a
  480  final an order is entered which does not require the respondent
  481  to perform any corrective actions or award any damages or
  482  awarding no penalties to the department and such order has not
  483  been reversed on appeal or the time for seeking judicial review
  484  has expired. The respondent is shall be entitled to an award of
  485  attorney’s fees if the administrative law judge determines that
  486  the notice of violation issued by the department seeking the
  487  imposition of administrative penalties was not substantially
  488  justified as defined in s. 57.111(3) s. 57.111(3)(e). An No
  489  award of attorney’s fees as provided by this subsection may not
  490  shall exceed $15,000.
  491         (3) Except for violations involving hazardous wastes,
  492  asbestos, major sources of air pollution, or underground
  493  injection, administrative penalties must be in accordance with
  494  calculated according to the following schedule:
  495         (a) For a drinking water violations contamination
  496  violation, the department shall assess:
  497         1. A penalty of $2,000 for a maximum contaminant
  498  containment level (MCL) violation; plus $1,000 if the violation
  499  is for a primary inorganic, organic, or radiological maximum
  500  contaminant level or it is a fecal coliform bacteria violation;
  501  plus $1,000 if the violation occurs at a community water system;
  502  and plus $1,000 if any maximum contaminant level is exceeded by
  503  more than 100 percent.
  504         2.A penalty of $3,000 for failure to obtain a clearance
  505  letter before prior to placing a drinking water system into
  506  service if when the system would not have been eligible for
  507  clearance, the department shall assess a penalty of $3,000. All
  508  other failures to obtain a clearance letter before placing a
  509  drinking water system into service shall result in a penalty of
  510  $1,500.
  511         3.A penalty of $2,000 for failure to properly complete a
  512  required public notice of violations, exceedances, or failures
  513  that may pose an acute risk to human health, plus $2,000 if the
  514  violation occurs at a community water system. All other failures
  515  to properly complete a required public notice relating to
  516  maximum contaminant level violations shall result in a penalty
  517  of $1,000, plus $1,000 if the violation occurs at a community
  518  water system.
  519         4.A penalty of $1,000 for failure to submit a consumer
  520  confidence report.
  521         5.A penalty of $1,000 for failure to provide or meet
  522  licensed operator or staffing requirements at a drinking water
  523  facility, plus $1,000 if the violation occurs at a community
  524  water system.
  525         (b) For wastewater violations, the department shall assess:
  526         1.A penalty of $5,000 for failure to obtain a required
  527  wastewater permit before construction or modification, other
  528  than a permit required for surface water discharge.
  529         2.A penalty of $4,000 for failure to obtain a permit to
  530  construct a domestic wastewater collection or transmission
  531  system.
  532         3.A penalty of $1,000 for failure to renew obtain a
  533  required wastewater permit, other than a permit required for
  534  surface water discharge, the department shall assess a penalty
  535  of $1,000.
  536         4. For a domestic or industrial wastewater violation not
  537  involving a surface water or groundwater quality violation, the
  538  department shall assess a penalty of $2,000 for an unpermitted
  539  or unauthorized discharge or effluent-limitation exceedance.
  540         5.A penalty of $5,000 for an unpermitted or unauthorized
  541  discharge or effluent-limitation exceedance that resulted in a
  542  surface water or groundwater quality violation, the department
  543  shall assess a penalty of $5,000.
  544         6.A penalty of $2,000 for failure to properly notify the
  545  department of an unauthorized spill, discharge, or abnormal
  546  event that may impact public health or the environment.
  547         7.A penalty of $2,000 for failure to provide or meet
  548  requirements for licensed operators or staffing at a wastewater
  549  facility.
  550         (c) For a dredge, and fill, or stormwater violations, the
  551  department shall assess:
  552         1. A penalty of $1,000 for unpermitted or unauthorized
  553  dredging, or filling, or unauthorized construction of a
  554  stormwater management system against the person or persons
  555  responsible; for the illegal dredging or filling, or
  556  unauthorized construction of a stormwater management system plus
  557  $2,000 if the dredging or filling occurs in an aquatic preserve,
  558  Outstanding Florida Water, conservation easement, or Class I or
  559  Class II surface water;, plus $1,000 if the area dredged or
  560  filled is greater than one-quarter acre but less than or equal
  561  to one-half acre;, and plus $1,000 if the area dredged or filled
  562  is greater than one-half acre but less than or equal to one
  563  acre; and plus $3,000 if the person or persons responsible
  564  previously applied for or obtained authorization from the
  565  department to dredge or fill within wetlands or surface waters.
  566         2.A penalty of $10,000 for dredge, fill, or stormwater
  567  management system violations occurring in a conservation
  568  easement.
  569         3. The administrative penalty schedule does shall not apply
  570  to a dredge or and fill violation if the area dredged or filled
  571  exceeds one acre. The department retains the authority to seek
  572  the judicial imposition of civil penalties for all dredge and
  573  fill violations involving more than one acre. The department
  574  shall assess
  575         4. A penalty of $3,000 for the failure to complete required
  576  mitigation, failure to record a required conservation easement,
  577  or for a water quality violation resulting from dredging or
  578  filling activities, stormwater construction activities, or
  579  failure of a stormwater treatment facility.
  580         5. For stormwater management systems serving less than 5
  581  acres, the department shall assess a penalty of $2,000 for the
  582  failure to properly or timely construct a stormwater management
  583  system.
  584         6. In addition to the penalties authorized in this
  585  subsection, the department shall assess a penalty of $5,000 per
  586  violation against the contractor or agent of the owner or tenant
  587  that conducts unpermitted or unauthorized dredging or filling.
  588  For purposes of this paragraph, the preparation or signing of a
  589  permit application by a person currently licensed under chapter
  590  471 to practice as a professional engineer does shall not make
  591  that person an agent of the owner or tenant.
  592         (d) For mangrove trimming or alteration violations, the
  593  department shall assess:
  594         1. A penalty of $5,000 per violation against any person who
  595  violates ss. 403.9321-403.9333 the contractor or agent of the
  596  owner or tenant that conducts mangrove trimming or alteration
  597  without a permit as required by s. 403.9328. For purposes of
  598  this paragraph, the preparation or signing of a permit
  599  application by a person currently licensed under chapter 471 to
  600  practice as a professional engineer does shall not constitute a
  601  violation make that person an agent of the owner or tenant.
  602         2.For second and subsequent violations of subparagraph 1.,
  603  an additional penalty of $100 for each mangrove illegally
  604  trimmed and $250 for each mangrove illegally altered, not to
  605  exceed a total of $10,000.
  606         3.For second and subsequent violations of subparagraph 1.
  607  by a professional mangrove trimmer, an additional penalty of
  608  $250 for each mangrove illegally trimmed or altered, not to
  609  exceed a total of $10,000.
  610         (e) For solid waste violations, the department shall
  611  assess:
  612         1. A penalty of $2,000 for the unpermitted or unauthorized
  613  disposal or storage of solid waste; plus $1,000 if the solid
  614  waste is Class I or Class III (excluding yard trash) or if the
  615  solid waste is construction and demolition debris in excess of
  616  20 cubic yards;, plus $1,000 if the solid waste is disposed of
  617  or stored in any natural or artificial body of water or within
  618  500 feet of a potable water well; and, plus $1,000 if the solid
  619  waste contains PCB at a concentration of 50 parts per million or
  620  greater; untreated biomedical waste; more than 1 cubic meter of
  621  regulated friable asbestos material that greater than 1 cubic
  622  meter which is not wetted, bagged, and covered; more than 25
  623  gallons of used oil greater than 25 gallons; or 10 or more lead
  624  acid batteries.
  625         2.A penalty of $5,000 for failure to timely implement
  626  evaluation monitoring or corrective actions in response to
  627  adverse impacts to water quality at permitted facilities. The
  628  department shall assess
  629         3. A penalty of $3,000 for failure to properly maintain
  630  leachate control; unauthorized burning; failure to have a
  631  trained spotter or trained operator on duty as required by
  632  department rule at the working face when accepting waste;
  633  failure to apply and maintain adequate initial, intermediate, or
  634  final cover; failure to control or correct erosion resulting in
  635  exposed waste; failure to implement a gas management system as
  636  required by department rule; processing or disposing of
  637  unauthorized waste failure to provide access control for three
  638  consecutive inspections. The department shall assess
  639         4. A penalty of $2,000 for failure to construct or maintain
  640  a required stormwater management system; failure to compact and
  641  slope waste as required by department rule; or failure to
  642  maintain a small working face as required by department rule.
  643         5.A penalty of $1,000 for failure to timely submit annual
  644  updates required for financial assurance.
  645         (f) For an air emission violations violation, the
  646  department shall assess a penalty of $1,000 for an unpermitted
  647  or unauthorized air emission or an air-emission-permit
  648  exceedance;, plus $1,000 if the emission results in an air
  649  quality violation, plus $3,000 if the emission was from a major
  650  source and the source was major for the pollutant in violation;
  651  and plus $1,000 if the emission was more than 150 percent of the
  652  allowable level.
  653         (g) For storage tank system and petroleum contamination
  654  violations, the department shall assess:
  655         1. A penalty of $5,000 for failure to empty a damaged
  656  storage system as necessary to ensure that a release does not
  657  occur until repairs to the storage system are completed; if when
  658  a release has occurred from that storage tank system; for
  659  failure to timely recover free product as required by department
  660  rule; for failure to submit a complete site assessment report;
  661  or for failure to conduct remediation or monitoring activities
  662  until a no-further-action or site-rehabilitation completion
  663  order has been issued. The department shall assess
  664         2. A penalty of $3,000 for failure to timely upgrade a
  665  storage tank system or to timely assess or remediate petroleum
  666  contamination as required by department rule. The department
  667  shall assess
  668         3. A penalty of $2,000 for failure to conduct or maintain
  669  required release detection; failure to timely investigate a
  670  suspected release from a storage system as required by
  671  department rule; depositing motor fuel into an unregistered
  672  storage tank system; failure to timely assess or remediate
  673  petroleum contamination; or failure to properly install a
  674  storage tank system. The department shall assess
  675         4. A penalty of $1,000 for failure to properly operate,
  676  maintain, repair, or close a storage tank system.
  677         (h)For waste cleanup violations, the department shall
  678  assess:
  679         1.A penalty of $5,000 for failure to submit a complete
  680  site assessment report; for failure to provide notice of
  681  contamination beyond property boundaries or complete an offsite
  682  well survey; for the use or injection of substances or materials
  683  to surface water or groundwater for remediation purposes without
  684  prior department approval; or for operation of a remedial
  685  treatment system without prior approval by the department.
  686         2.A penalty of $3,000 for failure to timely assess or
  687  remediate contamination as required by department rule.
  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.