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.