CS for CS for CS for SB 2104 First Engrossed
20092104e1
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. 253.7829,
10 F.S.; conforming a cross-reference; amending s.
11 253.783, F.S.; revising provisions relating to the
12 disposition of surplus lands; authorizing the
13 Department of Environmental Protection to extend the
14 second right of refusal to the current owner of
15 adjacent lands affected by acquired surplus lands
16 under certain circumstances; authorizing the
17 department to extend the third right of refusal to the
18 original owner or the original owner’s heirs of lands
19 acquired by the Canal Authority of the State of
20 Florida or the United States Army Corps of Engineers;
21 authorizing the department to extend the fourth right
22 of refusal to any person having a leasehold interest
23 in the land from the canal authority; conforming
24 cross-references; amending s. 259.035, F.S.;
25 increasing the maximum number of terms of appointed
26 members of the Acquisition and Restoration Council;
27 clarifying that vacancies in the unexpired term of
28 appointed members shall be filled in the same manner
29 as the original appointment; requiring an affirmative
30 vote of six members of the council for certain
31 decisions; amending s. 259.037, F.S.; establishing
32 certain dates by which agencies managing certain lands
33 must submit certain reports and lists to the Land
34 Management Uniform Accounting Council; amending s.
35 259.105, F.S.; requiring that certain proceeds from
36 the Florida Forever Trust Fund be spent on capital
37 projects within a year after acquisition rather than
38 only at the time of acquisition; requiring an
39 affirmative vote of six members of the Acquisition and
40 Restoration Council for certain decisions; amending s.
41 253.12, F.S.; clarifying that title to certain
42 sovereignty lands which were judicially adjudicated
43 are excluded from automatically becoming private
44 property; repealing s. 288.1185, F.S., relating to the
45 Recycling Markets Advisory Committee; amending s.
46 373.0693, F.S.; providing conditions for serving on a
47 basin board after a term expires; removing ex officio
48 designation for board members serving on basin boards;
49 revising the membership of certain basin boards;
50 eliminating the Oklawaha River Basin Advisory Council;
51 amending s. 373.427, F.S.; increasing the amount of
52 time for filing a petition for an administrative
53 hearing on an application to use board of trustees
54 owned submerged lands; amending s. 376.30702, F.S.;
55 revising contamination notification provisions;
56 requiring individuals responsible for site
57 rehabilitation to provide notice of site
58 rehabilitation to specified entities; revising
59 provisions relating to the content of such notice;
60 requiring the Department of Environmental Protection
61 to provide notice of site rehabilitation to specified
62 entities and certain property owners; providing an
63 exemption; requiring the department to verify
64 compliance with notice requirements; authorizing the
65 department to pursue enforcement measures for
66 noncompliance with notice requirements; revising the
67 department’s contamination notification requirements
68 for certain public schools; requiring the department
69 to provide specified notice to private K-12 schools
70 and child care facilities; requiring the department to
71 provide specified notice to public schools within a
72 specified area; providing notice requirements,
73 including directives to extend such notice to certain
74 other persons; requiring local governments to provide
75 specified notice of site rehabilitation; requiring the
76 department to recover notification costs from
77 responsible parties; providing an exception; amending
78 s. 403.0876, F.S.; providing that the Department of
79 Environmental Protection’s failure to approve or deny
80 certain air construction permits within 90 days does
81 not automatically result in approval or denial;
82 amending s. 403.121, F.S.; excluding certain air
83 pollution violations from certain departmental
84 actions; clarifying when a respondent in an
85 administrative action is the prevailing party;
86 revising the penalties that may be assessed for
87 violations involving drinking water contamination,
88 wastewater, dredge, fill, or stormwater, mangrove
89 trimming or alterations, solid waste, air emission,
90 and waste cleanup; increasing fines relating to public
91 water system requirements; revising provisions
92 relating to a limit on the amount of a fine for a
93 particular violation by certain violators; amending
94 ss. 403.7032 and 14.2015, F.S.; directing the
95 Department of Environmental Protection and the Office
96 of Tourism, Trade, and Economic Development to create
97 the Recycling Business Assistance Center; providing
98 requirements; authorizing the Office of Tourism,
99 Trade, and Economic Development to consult with
100 Enterprise Florida, Inc., and other state agency
101 personnel; amending s. 403.707, F.S.; providing for
102 inspections of waste-to-energy facilities by the
103 Department of Environmental Protection; amending s.
104 403.708, F.S.; authorizing the disposal of yard trash
105 at a Class I landfill if the landfill has a system for
106 collecting landfill gas and arranges for the reuse of
107 the gas; amending s. 403.9323, F.S.; clarifying
108 legislative intent with respect to the protection of
109 mangroves; amending s. 403.9324, F.S.; authorizing the
110 Department of Environmental Protection to adopt by
111 rule certain exemptions and general permits under the
112 Mangrove Trimming and Preservation Act; amending s.
113 403.9325, F.S.; revising the definition of “riparian
114 mangrove fringe”; amending s. 403.9329, F.S.;
115 clarifying the department’s authority to revoke a
116 person’s status as a professional mangrove trimmer;
117 amending s. 403.9331, F.S.; providing that the
118 Mangrove Trimming and Preservation Act does not
119 authorize trimming on uninhabited islands or lands
120 that are publicly owned or set aside for conservation
121 or mitigation except under specified circumstances;
122 amending ss. 712.03 and 712.04, F.S.; providing an
123 exception from an entitlement to marketable record
124 title to interests held by governmental entities;
125 amending s. 6, ch. 99-395, Laws of Florida; providing
126 exceptions to requirements of the Department of
127 Environmental Protection regarding minimum casing for
128 injection wells used by facilities that have a
129 specified design capacity; providing requirements for
130 an injection well used as a backup to a primary
131 injection well; creating s. 403.9335, F.S.; creating
132 the “Florida Coral Reef Protection Act”; providing
133 definitions; providing legislative intent; requiring
134 responsible parties to notify the Department of
135 Environmental Protection if their vessel runs aground
136 or damages a coral reef; requiring the responsible
137 party to remove the vessel; requiring the responsible
138 party to cooperate with the department to assess the
139 damage and restore the coral reef; authorizing the
140 department to recover damages from the responsible
141 party; authorizing the department to use a certain
142 method to calculate compensation for damage of coral
143 reefs; authorizing the department to assess civil
144 penalties; authorizing the department to enter into
145 delegation agreements; providing that moneys collected
146 from damages and civil penalties for injury to coral
147 reefs be deposited in the Ecosystem Management and
148 Restoration Trust Fund within the Department of
149 Environmental Protection; providing requirements;
150 authorizing the department to adopt rules; amending s.
151 403.1651, F.S.; authorizing the department to enter
152 into settlement agreements that require responsible
153 parties to pay another government entity or nonprofit
154 organization to fund projects consistent with the
155 conservation or protection of coral reefs; repealing
156 s. 253.04(3), F.S., relating to civil penalties for
157 damage to coral reefs; repealing s. 380.0558, F.S.,
158 relating to coral reef restoration; repealing s. 23,
159 ch. 2008-150, Laws of Florida, relating to a provision
160 prohibiting the Department of Environmental Protection
161 from issuing a permit for certain Class I landfills;
162 amending s. 403.503, F.S.; revising definitions;
163 amending s. 403.506, F.S.; revising provisions of
164 power plants using wind or solar energy; providing an
165 effective date.
166
167 Be It Enacted by the Legislature of the State of Florida:
168
169 Section 1. Paragraphs (a) and (c) of subsection (5) of
170 section 253.034, Florida Statutes, are amended to read:
171 253.034 State-owned lands; uses.—
172 (5) Each manager of conservation lands shall submit to the
173 Division of State Lands a land management plan at least every 10
174 years in a form and manner prescribed by rule by the board and
175 in accordance with the provisions of s. 259.032. Each manager of
176 conservation lands shall also update a land management plan
177 whenever the manager proposes to add new facilities or make
178 substantive land use or management changes that were not
179 addressed in the approved plan, or within 1 year of the addition
180 of significant new lands. Each manager of nonconservation lands
181 shall submit to the Division of State Lands a land use plan at
182 least every 10 years in a form and manner prescribed by rule by
183 the board. The division shall review each plan for compliance
184 with the requirements of this subsection and the requirements of
185 the rules established by the board pursuant to this section. All
186 land use plans, whether for single-use or multiple-use
187 properties, shall include an analysis of the property to
188 determine if any significant natural or cultural resources are
189 located on the property. Such resources include archaeological
190 and historic sites, state and federally listed plant and animal
191 species, and imperiled natural communities and unique natural
192 features. If such resources occur on the property, the manager
193 shall consult with the Division of State Lands and other
194 appropriate agencies to develop management strategies to protect
195 such resources. Land use plans shall also provide for the
196 control of invasive nonnative plants and conservation of soil
197 and water resources, including a description of how the manager
198 plans to control and prevent soil erosion and soil or water
199 contamination. Land use plans submitted by a manager shall
200 include reference to appropriate statutory authority for such
201 use or uses and shall conform to the appropriate policies and
202 guidelines of the state land management plan. Plans for managed
203 areas larger than 1,000 acres shall contain an analysis of the
204 multiple-use potential of the property, which analysis shall
205 include the potential of the property to generate revenues to
206 enhance the management of the property. Additionally, the plan
207 shall contain an analysis of the potential use of private land
208 managers to facilitate the restoration or management of these
209 lands. In those cases where a newly acquired property has a
210 valid conservation plan that was developed by a soil and
211 conservation district, such plan shall be used to guide
212 management of the property until a formal land use plan is
213 completed.
214 (a) State lands shall be managed to ensure the conservation
215 of the state’s plant and animal species and to ensure the
216 accessibility of state lands for the benefit and enjoyment of
217 all people of the state, both present and future. Beginning July
218 1, 2009, each newly developed or updated land management plan
219 must shall provide a desired outcome, describe both short-term
220 and long-term management goals, and include measurable
221 objectives for achieving these to achieve those goals. Short
222 term goals must shall be achievable within a 2-year planning
223 period, and long-term goals must shall be achievable within a
224 10-year planning period. These short-term and long-term
225 management goals shall be the basis for all subsequent land
226 management activities.
227 (c) Beginning July 1, 2009, a newly developed or updated
228 the land management plan must, shall at a minimum, contain the
229 following elements:
230 1. A physical description of the land.
231 2. A quantitative data description of the land which
232 includes an inventory of forest and other natural resources;
233 exotic and invasive plants; hydrological features;
234 infrastructure, including recreational facilities; and other
235 significant land, cultural, or historical features. The
236 inventory must shall reflect the number of acres for each
237 resource and feature, as when appropriate. The inventory shall
238 be of such detail that objective measures and benchmarks can be
239 established for each tract of land and monitored during the
240 lifetime of the plan. All quantitative data collected must shall
241 be aggregated, standardized, collected, and presented in an
242 electronic format to allow for uniform management reporting and
243 analysis. The information collected by the Department of
244 Environmental Protection pursuant to s. 253.0325(2) shall be
245 available to the land manager and his or her assignee.
246 3. A detailed description of each short-term and long-term
247 land management goal, the associated measurable objectives, and
248 the related activities that are to be performed to meet the land
249 management objectives. Each land management objective must be
250 addressed by the land management plan, and where practicable,
251 may not no land management objective shall be performed to the
252 detriment of the other land management objectives.
253 4. A schedule of land management activities which contains
254 short-term and long-term land management goals and the related
255 measurable objective and activities. The schedule must shall
256 include for each activity a timeline for completing each
257 activity completion, quantitative measures, and detailed expense
258 and manpower budgets. The schedule must shall provide a
259 management tool that facilitates the development of performance
260 measures.
261 5. A summary budget for the scheduled land management
262 activities of the land management plan. For state lands
263 containing or anticipated to contain imperiled species habitat,
264 the summary budget must shall include any fees anticipated from
265 public or private entities for projects to offset adverse
266 impacts to imperiled species or such habitat, which fees shall
267 be used solely to restore, manage, enhance, repopulate, or
268 acquire imperiled species habitat. The summary budget must shall
269 be prepared in a such manner that it facilitates computing an
270 aggregate of land management costs for all state-managed lands
271 using the categories described in s. 259.037(3).
272 Section 2. Subsection (2) of section 253.111, Florida
273 Statutes, is amended to read:
274 253.111 Notice to board of county commissioners before
275 sale.—The Board of Trustees of the Internal Improvement Trust
276 Fund of the state may not sell any land to which they hold title
277 unless and until they afford an opportunity to the county in
278 which such land is situated to receive such land on the
279 following terms and conditions:
280 (2) The board of county commissioners of the county in
281 which such land is situated shall, within 40 days after receipt
282 of such notification from the board, determine by resolution
283 whether or not it proposes to acquire such land.
284 Section 3. Subsection (4) of section 253.7829, Florida
285 Statutes, is amended to read:
286 253.7829 Management plan for retention or disposition of
287 former Cross Florida Barge Canal lands; authority to manage
288 lands until disposition.—
289 (4) The Board of Trustees of the Internal Improvement Trust
290 Fund may authorize the sale or exchange of surplus lands within
291 the former Cross Florida Barge Canal project corridor and the
292 acquisition of privately owned lands or easements over such
293 privately owned lands within the project corridor necessary for
294 purposes of completing a continuous corridor or for other
295 management purposes provided by law. However, such acquisition
296 shall be funded from the proceeds of any sale or exchange of
297 surplus canal lands after repayment to the counties, as provided
298 in s. 253.783(2)(f) s. 253.783(2)(e), or from other funds
299 appropriated by the Legislature.
300 Section 4. Subsection (2) of section 253.783, Florida
301 Statutes, is amended to read:
302 253.783 Additional powers and duties of the department;
303 disposition of surplus lands; payments to counties.—
304 (2) It is declared to be in the public interest that the
305 department shall do and is hereby authorized to do any and all
306 things and incur and pay, for the public purposes described
307 herein, any and all expenses necessary, convenient, and proper
308 to:
309 (a) Offer any land declared to be surplus, at current
310 appraised value, to the counties in which the surplus land lies,
311 for acquisition for specific public purposes. Any county, at its
312 option, may elect to acquire any lands so offered without
313 monetary payment. The fair market value of any parcels so
314 transferred shall be subtracted from the county’s reimbursement
315 under paragraph (f) (e). These offers will be made within 3
316 calendar months after the date the management plan is adopted
317 and will be valid for 180 days after the date of the offer.
318 (b) Extend the second right of refusal, at current
319 appraised value, to the current owner of adjacent lands affected
320 when original owner from whom the Canal Authority of the State
321 of Florida or the United States Army Corps of Engineers acquired
322 the surplus land and when the department wants to pursue an
323 exchange of surplus lands for privately owned lands for the
324 purposes set forth in s. 253.7829(4).
325 (c) Extend the third right of refusal, at current appraised
326 value, to the original owner from whom the Canal Authority of
327 the State of Florida or the United States Army Corps of
328 Engineers acquired the land or the original owner’s heirs. These
329 offers shall be made by public advertisement in not fewer than
330 three newspapers of general circulation within the area of the
331 canal route, one of which shall be a newspaper in the county in
332 which the lands declared to be surplus are located. The public
333 advertisements shall be run for a period of 14 days. These
334 offers will be valid for 30 days after the expiration date of
335 any offers made under paragraph (a), or 30 days after the date
336 publication begins, whichever is later.
337 (d)(c) Extend the fourth third right of refusal, at current
338 appraised value, to any person having a leasehold interest in
339 the land from the canal authority. These offers shall be
340 advertised as provided in paragraph (c) (b) and will be valid
341 for 30 days after the expiration date of the offers made under
342 paragraph (c) (b), or 30 days after the date publication begins,
343 whichever is later.
344 (e)(d) Offer surplus lands not purchased or transferred
345 under paragraphs (a)-(d) (a)-(c) to the highest bidder at public
346 sale. Such surplus lands and the public sale shall be described
347 and advertised in a newspaper of general circulation within the
348 county in which the lands are located not less than 14 calendar
349 days prior to the date on which the public sale is to be held.
350 The current appraised value of such surplus lands will be the
351 minimum acceptable bid.
352 (f)(e) Refund to the counties of the Cross Florida Canal
353 Navigation District moneys pursuant to this paragraph from the
354 funds derived from the conveyance of lands of the project to the
355 Federal Government or any agency thereof, pursuant to s.
356 253.781, and from the sales of surplus lands pursuant to this
357 section. Following federal deauthorization of the project, such
358 refunds shall consist of the $9,340,720 principal in ad valorem
359 taxes contributed by the counties and the interest which had
360 accrued on that amount from the time of payment to June 30,
361 1985. In no event shall the counties be paid less than the
362 aggregate sum of $32 million in cash or the appraised values of
363 the surplus lands. Such refunds shall be in proportion to the ad
364 valorem tax share paid to the Cross Florida Canal Navigation
365 District by the respective counties. Should the funds derived
366 from the conveyance of lands of the project to the Federal
367 Government for payment or from the sale of surplus land be
368 inadequate to pay the total of the principal plus interest,
369 first priority shall be given to repaying the principal and
370 second priority shall be given to repaying the interest.
371 Interest to be refunded to the counties shall be compounded
372 annually at the following rates: 1937-1950, 4 percent; 1951
373 1960, 5 percent; 1961-1970, 6 percent; 1971-1975, 7 percent;
374 1976-June 30, 1985, 8 percent. In computing interest, amounts
375 already repaid to the counties shall not be subject to further
376 assessments of interest. Any partial repayments provided to the
377 counties under this act shall be considered as contributing to
378 the total repayment owed to the counties. Should the funds
379 generated by conveyance to the Federal Government and sales of
380 surplus lands be more than sufficient to repay said counties in
381 accordance with this section, such excess funds may be used for
382 the maintenance of the greenways corridor.
383 (g)(f) Carry out the purposes of this act.
384 Section 5. Subsections (1), (2), and (5) of section
385 259.035, Florida Statutes, are amended to read:
386 259.035 Acquisition and Restoration Council.—
387 (1) There is created the Acquisition and Restoration
388 Council.
389 (a) The council shall be composed of eleven voting members,
390 of which six members shall be appointed pursuant to paragraphs
391 (a), (b), and (c) four of whom shall be appointed by the
392 Governor. The appointed members shall be appointed Of these four
393 appointees, three shall be from scientific disciplines related
394 to land, water, or environmental sciences and the fourth shall
395 have at least 5 years of experience in managing lands for both
396 active and passive types of recreation. They shall serve 4-year
397 terms, except that, initially, to provide for staggered terms,
398 two of the appointees shall serve 2-year terms. All subsequent
399 appointments shall be for 4-year staggered terms. An No
400 appointee may not shall serve more than two terms 6 years. A
401 vacancy shall be filled for the remainder of an unexpired term
402 in the same manner as the original appointment. The Governor may
403 at any time fill a vacancy for the unexpired term of a member
404 appointed under this paragraph.
405 (a) Four members shall be appointed by the Governor. Of
406 these, three members shall be from scientific disciplines
407 related to land, water, or environmental sciences and the fourth
408 member must have at least 5 years of experience in managing
409 lands for both active and passive types of recreation.
410 (b) One member shall be appointed by the Commissioner of
411 Agriculture from a discipline related to agriculture including
412 silviculture.
413 (c) One member shall be appointed by the Fish and Wildlife
414 Conservation Commission from a discipline related to wildlife
415 management or wildlife ecology.
416 (d)(b) The five remaining members appointees shall be
417 composed of the Secretary of Environmental Protection, the
418 director of the Division of Forestry of the Department of
419 Agriculture and Consumer Services, the executive director of the
420 Fish and Wildlife Conservation Commission, the director of the
421 Division of Historical Resources of the Department of State, and
422 the secretary of the Department of Community Affairs, or their
423 respective designees.
424 (c) One member shall be appointed by the Commissioner of
425 Agriculture with a discipline related to agriculture including
426 silviculture. One member shall be appointed by the Fish and
427 Wildlife Conservation Commission with a discipline related to
428 wildlife management or wildlife ecology.
429 (e)(d) The Governor shall appoint the chair of the council,
430 and a vice chair shall be elected from among the members.
431 (f)(e) The council shall hold periodic meetings at the
432 request of the chair.
433 (g)(f) The Department of Environmental Protection shall
434 provide primary staff support to the council and shall ensure
435 that council meetings are electronically recorded. Such
436 recording must shall be preserved pursuant to chapters 119 and
437 257.
438 (h)(g) The board of trustees may has authority to adopt
439 rules pursuant to administer ss. 120.536(1) and 120.54 to
440 implement the provisions of this section.
441 (2) The six appointed four members of the council appointed
442 pursuant to paragraph (a) and the two members of the council
443 appointed pursuant to paragraph (c) shall receive reimbursement
444 for expenses and per diem for travel, to attend council
445 meetings, as allowed state officers and employees while in the
446 performance of their duties, pursuant to s. 112.061.
447 (5) An affirmative vote of six five members of the council
448 is required in order to change a project boundary or to place a
449 proposed project on a list developed pursuant to subsection (4).
450 Any member of the council who by family or a business
451 relationship has a connection with all or a portion of any
452 proposed project shall declare the interest before voting on its
453 inclusion on a list.
454 Section 6. Paragraph (b) of subsection (3) and subsection
455 (6) of section 259.037, Florida Statutes, are amended to read:
456 259.037 Land Management Uniform Accounting Council.—
457 (3)
458 (b) Beginning July 1, 2009, each reporting agency shall
459 also:
460 1. Include a report of the available public use
461 opportunities for each management unit of state land, the total
462 management cost for public access and public use, and the cost
463 associated with each use option.
464 2. List the acres of land requiring minimal management
465 effort, moderate management effort, and significant management
466 effort pursuant to s. 259.032(11)(c). For each category created
467 in paragraph (a), the reporting agency shall include the amount
468 of funds requested, the amount of funds received, and the amount
469 of funds expended for land management.
470 3. List acres managed and cost of management for each park,
471 preserve, forest, reserve, or management area.
472 4. List acres managed, cost of management, and lead manager
473 for each state lands management unit for which secondary
474 management activities were provided.
475 5. Include a report of the estimated calculable financial
476 benefits to the public for the ecosystem services provided by
477 conservation lands, based on the best readily available
478 information or science that provides a standard measurement
479 methodology to be consistently applied by the land managing
480 agencies. Such information may include, but need not be limited
481 to, the value of natural lands for protecting the quality and
482 quantity of drinking water through natural water filtration and
483 recharge, contributions to protecting and improving air quality,
484 benefits to agriculture through increased soil productivity and
485 preservation of biodiversity, and savings to property and lives
486 through flood control.
487 (6) Beginning July 1, 2010 Biennially, each reporting
488 agency shall also submit an operational report every 5 years for
489 each management area to which a new or updated along with an
490 approved management plan was approved by the board of trustees
491 pursuant to ss. 253.034(5) and 259.032(10). The report should
492 assess the progress toward achieving short-term and long-term
493 management goals of the approved management plan, including all
494 land management activities, and identify any deficiencies in
495 management and corrective actions to address identified
496 deficiencies as appropriate. This report shall be submitted to
497 the Acquisition and Restoration Council and the division for
498 inclusion in its annual report required pursuant to s. 259.036.
499 Section 7. Paragraphs (b), (e), (f), (g), and (h) of
500 subsection (3) and subsection (13) of section 259.105, Florida
501 Statutes, are amended to read:
502 259.105 The Florida Forever Act.—
503 (3) Less the costs of issuing and the costs of funding
504 reserve accounts and other costs associated with bonds, the
505 proceeds of cash payments or bonds issued pursuant to this
506 section shall be deposited into the Florida Forever Trust Fund
507 created by s. 259.1051. The proceeds shall be distributed by the
508 Department of Environmental Protection in the following manner:
509 (b) Thirty-five percent to the Department of Environmental
510 Protection for the acquisition of lands and capital project
511 expenditures described in this section. Of the proceeds
512 distributed pursuant to this paragraph, it is the intent of the
513 Legislature that an increased priority be given to those
514 acquisitions which achieve a combination of conservation goals,
515 including protecting Florida’s water resources and natural
516 groundwater recharge. At a minimum, 3 percent, and no more than
517 10 percent, of the funds allocated pursuant to this paragraph
518 shall be spent on capital project expenditures identified in the
519 management prospectus prepared pursuant to s. 259.032(9)(d)
520 during the time of acquisition, or in the management plan
521 prepared pursuant to s. 259.032(10). Such capital projects must
522 which meet land management planning activities necessary for
523 public access.
524 (e) One and five-tenths percent to the Department of
525 Environmental Protection for the purchase of inholdings and
526 additions to state parks and for capital project expenditures as
527 described in this section. At a minimum, 1 percent, and no more
528 than 10 percent, of the funds allocated pursuant to this
529 paragraph shall be spent on capital project expenditures
530 identified in the management prospectus prepared pursuant to s.
531 259.032(9)(d) during the time of acquisition, or in the
532 management plan prepared pursuant to s. 259.032(10). Such
533 capital projects must which meet land management planning
534 activities necessary for public access. For the purposes of this
535 paragraph, the term “state park” means any real property in the
536 state which is under the jurisdiction of the Division of
537 Recreation and Parks of the department, or which may come under
538 its jurisdiction.
539 (f) One and five-tenths percent to the Division of Forestry
540 of the Department of Agriculture and Consumer Services to fund
541 the acquisition of state forest inholdings and additions
542 pursuant to s. 589.07, the implementation of reforestation plans
543 or sustainable forestry management practices, and for capital
544 project expenditures as described in this section. At a minimum,
545 1 percent, and no more than 10 percent, of the funds allocated
546 for the acquisition of inholdings and additions pursuant to this
547 paragraph shall be spent on capital project expenditures
548 identified in the management prospectus prepared pursuant to s.
549 259.032(9)(d) during the time of acquisition, or in the
550 management plan prepared pursuant to s. 259.032(10). Such
551 capital projects must which meet land management planning
552 activities necessary for public access.
553 (g) One and five-tenths percent to the Fish and Wildlife
554 Conservation Commission to fund the acquisition of inholdings
555 and additions to lands managed by the commission which are
556 important to the conservation of fish and wildlife and for
557 capital project expenditures as described in this section. At a
558 minimum, 1 percent, and no more than 10 percent, of the funds
559 allocated pursuant to this paragraph shall be spent on capital
560 project expenditures identified in the management prospectus
561 prepared pursuant to s. 259.032(9)(d) during the time of
562 acquisition, or in the management plan prepared pursuant to s.
563 259.032(10). Such capital projects must which meet land
564 management planning activities necessary for public access.
565 (h) One and five-tenths percent to the Department of
566 Environmental Protection for the Florida Greenways and Trails
567 Program, to acquire greenways and trails or greenways and trail
568 systems pursuant to chapter 260, including, but not limited to,
569 abandoned railroad rights-of-way and the Florida National Scenic
570 Trail and for capital project expenditures as described in this
571 section. At a minimum, 1 percent, and no more than 10 percent,
572 of the funds allocated pursuant to this paragraph shall be spent
573 on capital project expenditures identified in the management
574 prospectus prepared pursuant to s. 259.032(9)(d) during the time
575 of acquisition, or in the management plan prepared pursuant to
576 s. 259.032(10). Such capital projects must which meet land
577 management planning activities necessary for public access.
578 (13) An affirmative vote of six five members of the
579 Acquisition and Restoration Council is shall be required in
580 order to place a proposed project on the list developed pursuant
581 to subsection (8). Any member of the council who by family or a
582 business relationship has a connection with any project proposed
583 to be ranked shall declare such interest before prior to voting
584 for a project’s inclusion on the list.
585 Section 8. Subsection (10) of section 253.12, Florida
586 Statutes, is amended to read:
587 253.12 Title to tidal lands vested in state.—
588 (10) Subsection (9) does shall not operate to affect the
589 title to lands which have been judicially adjudicated or which
590 were the subject of litigation pending on January 1, 1993,
591 involving title to such lands. Further, the provisions of
592 subsection (9) do shall not apply to spoil islands or nor to any
593 lands that which are included on an official acquisition list,
594 on July 1, 1993, of a state agency or water management district
595 for conservation, preservation, or recreation, nor to lands
596 maintained as state or local recreation areas or shore
597 protection structures, or to sovereignty lands that were filled
598 before July 1, 1975, by any governmental entity for a public
599 purpose or pursuant to proprietary authorization from the Board
600 of Trustees of the Internal Improvement Trust Fund.
601 Section 9. Section 288.1185, Florida Statutes, is repealed.
602 Section 10. Subsections (3), (6), and (7) and paragraph (a)
603 of subsection (8) of section 373.0693, Florida Statutes, are
604 amended to read:
605 373.0693 Basins; basin boards.—
606 (3) Each member of the various basin boards shall serve for
607 a period of 3 years or until a successor is appointed, but not
608 more than 180 days beyond the end of the expired term, except
609 that the board membership of each new basin shall be divided
610 into three groups as equally as possible, with members in such
611 groups to be appointed for 1, 2, and 3 years, respectively. Each
612 basin board shall choose a vice chair and a secretary to serve
613 for a period of 1 year. The term of office of a basin board
614 member shall be construed to commence on March 2 preceding the
615 date of appointment and to terminate March 1 of the year of the
616 end of a term or may continue until a successor is appointed,
617 but not more than 180 days beyond the end of the expired term.
618 (6)(a) Notwithstanding the provisions of any other general
619 or special law to the contrary, a member of the governing board
620 of the district residing in the basin or, if no member resides
621 in the basin, a member of the governing board designated by the
622 chair of the governing board shall be the ex officio chair of
623 the basin board. The ex officio chair shall preside at all
624 meetings of the basin board, except that the vice chair may
625 preside in his or her absence. The ex officio chair shall have
626 no official vote, except in case of a tie vote being cast by the
627 members, but shall be the liaison officer of the district in all
628 affairs in the basin and shall be kept informed of all such
629 affairs.
630 (b) Basin boards within the Southwest Florida Water
631 Management District shall meet regularly as determined by a
632 majority vote of the basin board members. Subject to notice
633 requirements of chapter 120, special meetings, both emergency
634 and nonemergency, may be called either by the ex officio chair
635 or the elected vice chair of the basin board or upon request of
636 two basin board members. The district staff shall include on the
637 agenda of any basin board meeting any item for discussion or
638 action requested by a member of that basin board. The district
639 staff shall notify any basin board, as well as their respective
640 counties, of any vacancies occurring in the district governing
641 board or their respective basin boards.
642 (7) At 11:59 p.m. on December 31, 1976, the Manasota
643 Watershed Basin of the Ridge and Lower Gulf Coast Water
644 Management District, which is annexed to the Southwest Florida
645 Water Management District by change of its boundaries pursuant
646 to chapter 76-243, Laws of Florida, shall be formed into a
647 subdistrict or basin of the Southwest Florida Water Management
648 District, subject to the same provisions as the other basins in
649 such district. Such subdistrict shall be designated initially as
650 the Manasota Basin. The members of the governing board of the
651 Manasota Watershed Basin of the Ridge and Lower Gulf Coast Water
652 Management District shall become members of the governing board
653 of the Manasota Basin of the Southwest Florida Water Management
654 District. Notwithstanding other provisions in this section,
655 beginning on July 1, 2001, the membership of the Manasota Basin
656 Board shall be comprised of two three members from Manatee
657 County and two three members from Sarasota County. Matters
658 relating to tie votes shall be resolved pursuant to subsection
659 (6) by the ex officio chair designated by the governing board to
660 vote in case of a tie vote.
661 (8)(a) At 11:59 p.m. on June 30, 1988, the area transferred
662 from the Southwest Florida Water Management District to the St.
663 Johns River Water Management District by change of boundaries
664 pursuant to chapter 76-243, Laws of Florida, shall cease to be a
665 subdistrict or basin of the St. Johns River Water Management
666 District known as the Oklawaha River Basin and said Oklawaha
667 River Basin shall cease to exist. However, any recognition of an
668 Oklawaha River Basin or an Oklawaha River Hydrologic Basin for
669 regulatory purposes shall be unaffected. The area formerly known
670 as the Oklawaha River Basin shall continue to be part of the St.
671 Johns River Water Management District. There shall be
672 established by the governing board of the St. Johns River Water
673 Management District the Oklawaha River Basin Advisory Council to
674 receive public input and advise the St. Johns River Water
675 Management District’s governing board on water management issues
676 affecting the Oklawaha River Basin. The Oklawaha River Basin
677 Advisory Council shall be appointed by action of the St. Johns
678 River Water Management District’s governing board and shall
679 include one representative from each county which is wholly or
680 partly included in the Oklawaha River Basin. The St. Johns River
681 Water Management District’s governing board member currently
682 serving pursuant to s. 373.073(2)(c)3. shall serve as chair of
683 the Oklawaha River Basin Advisory Council. Members of the
684 Oklawaha River Basin Advisory Council shall receive no
685 compensation for their services but are entitled to be
686 reimbursed for per diem and travel expenses as provided in s.
687 112.061.
688 Section 11. Paragraph (c) of subsection (2) of section
689 373.427, Florida Statutes, is amended to read:
690 373.427 Concurrent permit review.—
691 (2) In addition to the provisions set forth in subsection
692 (1) and notwithstanding s. 120.60, the procedures established in
693 this subsection shall apply to concurrently reviewed
694 applications which request proprietary authorization to use
695 board of trustees-owned submerged lands for activities for which
696 there has been no delegation of authority to take final agency
697 action without action by the board of trustees.
698 (c) Any petition for an administrative hearing pursuant to
699 ss. 120.569 and 120.57 must be filed within 21 14 days after of
700 the notice of consolidated intent to grant or deny. Unless
701 waived by the applicant, within 60 days after the recommended
702 order is submitted, or at the next regularly scheduled meeting
703 for which notice may be properly given, whichever is latest, the
704 board of trustees shall determine what action to take on a any
705 recommended order issued under ss. 120.569 and 120.57 on the
706 application to use board of trustees-owned submerged lands, and
707 shall direct the department or water management district on what
708 action to take in the final order concerning the application to
709 use board of trustees-owned submerged lands. The department or
710 water management district shall determine what action to take on
711 any recommended order issued under ss. 120.569 and 120.57
712 regarding any concurrently processed permits, waivers,
713 variances, or approvals required by this chapter or chapter 161.
714 The department or water management district shall then take
715 final agency action by entering a consolidated final order
716 addressing each of the concurrently reviewed authorizations,
717 permits, waivers, or approvals. Failure to satisfy these
718 timeframes may shall not result in approval by default of the
719 application to use board of trustees-owned submerged lands. Any
720 provisions relating to authorization to use such board of
721 trustees-owned submerged lands shall be as directed by the board
722 of trustees. Issuance of the consolidated final order within 45
723 days after receipt of the direction of the board of trustees
724 regarding the application to use board of trustees-owned
725 submerged lands is deemed in compliance with the timeframes for
726 issuance of final orders under s. 120.60. The final order is
727 shall be subject to the provisions of s. 373.4275.
728 Section 12. Section 376.30702, Florida Statutes, is amended
729 to read:
730 376.30702 Contamination notification.—
731 (1) FINDINGS; INTENT; APPLICABILITY.—The Legislature finds
732 and declares that when contamination is discovered by any person
733 as a result of site rehabilitation activities conducted pursuant
734 to the risk-based corrective action provisions found in s.
735 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or
736 pursuant to an administrative or court order, it is in the
737 public’s best interest that potentially affected persons be
738 notified of the existence of such contamination. Therefore,
739 persons discovering such contamination shall notify the
740 department and those identified under this section of the such
741 discovery in accordance with the requirements of this section,
742 and the department shall be responsible for notifying the
743 affected public. The Legislature intends for the provisions of
744 this section to govern the notice requirements for early
745 notification of the discovery of contamination.
746 (2)(a) INITIAL NOTICE OF CONTAMINATION BEYOND PROPERTY
747 BOUNDARIES.—If at any time during site rehabilitation conducted
748 pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
749 376.30701, or an administrative or court order the person
750 responsible for site rehabilitation, the person’s authorized
751 agent, or another representative of the person discovers from
752 laboratory analytical results that comply with appropriate
753 quality assurance protocols specified in department rules that
754 contamination as defined in applicable department rules exists
755 in any groundwater, surface water, or soil medium beyond the
756 boundaries of the property at which site rehabilitation was
757 initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81,
758 or s. 376.30701, or an administrative or court order the person
759 responsible for site rehabilitation shall give actual notice as
760 soon as possible, but no later than 10 days from such discovery,
761 to the Division of Waste Management at the department’s
762 Tallahassee office. The actual notice shall be provided on a
763 form adopted by department rule and mailed by certified mail,
764 return receipt requested. The person responsible for site
765 rehabilitation shall simultaneously provide mail a copy of the
766 such notice to the appropriate department district office, and
767 the appropriate county health department, and all known lessees
768 and tenants of the source property.
769 (b) The notice shall include the following information:
770 1.(a) The location of the property at which site
771 rehabilitation was initiated pursuant to s. 376.3071(5), s.
772 376.3078(4), s. 376.81, or s. 376.30701, or an administrative or
773 court order and contact information for the person responsible
774 for site rehabilitation, the person’s authorized agent, or
775 another representative of the person.
776 2.(b) A listing of all record owners of any real property,
777 other than the property at which site rehabilitation was
778 initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81,
779 or s. 376.30701, at which contamination has been discovered; the
780 parcel identification number for any such real property; the
781 owner’s address listed in the current county property tax office
782 records; and the owner’s telephone number. The requirements of
783 this paragraph do not apply to the notice to known tenants and
784 lessees of the source property.
785 3.(c) Separate tables for by medium, such as groundwater,
786 soil, and surface water which, or sediment, that list sampling
787 locations identified on the vicinity map as provided in
788 subparagraph 4.; sampling dates; names of contaminants detected
789 above cleanup target levels; their corresponding cleanup target
790 levels; the contaminant concentrations; and whether the cleanup
791 target level is based on health, nuisance, organoleptic, or
792 aesthetic concerns.
793 4.(d) A vicinity map that shows each sampling location with
794 corresponding laboratory analytical results pursuant to
795 subparagraph 3. and the date on which the sample was collected
796 and that identifies the property boundaries of the property at
797 which site rehabilitation was initiated pursuant to s.
798 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or an
799 administrative or court order and any the other properties at
800 which contamination has been discovered during such site
801 rehabilitation. If available, a contaminant plume map signed and
802 sealed by a Florida-licensed professional engineer or geologist
803 may be included with the vicinity map.
804 (3) DEPARTMENT’S NOTICE RESPONSIBILITIES.—
805 (a) After receiving the actual notice required under
806 subsection (2), the department shall notify the following
807 persons of such contamination:
808 1. The mayor, the chair of the county commission, or the
809 comparable senior elected official representing the affected
810 area.
811 2. The city manager, the county administrator, or the
812 comparable senior administrative official representing the
813 affected area.
814 3. The school district superintendent representing the
815 affected area.
816 4. The state senator, state representative, and United
817 States Representative representing the affected area and both
818 United States Senators.
819 5.a. All real property owners, presidents of any
820 condominium associations or sole owners of condominiums,
821 lessees, and tenants of record of the property at which site
822 rehabilitation is being conducted, if different from the person
823 responsible for site rehabilitation;
824 b. All real property owners, presidents of any condominium
825 associations or sole owners of condominiums, lessees, and
826 tenants of record of any properties within a 500-foot radius of
827 each sampling point at which contamination is discovered, if
828 site rehabilitation was initiated pursuant to s. 376.30701 or an
829 administrative or court order; and
830 c. All real property owners, presidents of any condominium
831 associations or sole owners of condominiums, lessees, and
832 tenants of record of any properties within a 250-foot radius of
833 each sampling point at which contamination is discovered or any
834 properties identified on a contaminant plume map provided
835 pursuant to subparagraph (2)(b)4., if site rehabilitation was
836 initiated pursuant to s. 376.3071(5), s. 376.3078(4), or s.
837 376.81 or at or in connection with a permitted solid waste
838 management facility subject to a ground water monitoring plan.
839 (b)1. The notice provided to local government officials
840 shall be mailed by certified mail, return receipt requested, and
841 shall advise the local government of its responsibilities under
842 subsection (4).
843 2. The notice provided to real property owners, presidents
844 of any condominium associations or sole owners of condominiums,
845 lessees, and tenants of record may be delivered by certified
846 mail, return receipt requested, first-class mail, hand delivery,
847 or door-hanger.
848 (c) Within 30 days after receiving the actual notice
849 required under pursuant to subsection (2), or within 30 days of
850 the effective date of this act if the department already
851 possesses information equivalent to that required by the notice,
852 the department shall verify that the person responsible for site
853 rehabilitation has complied with the notice requirements of this
854 section send a copy of such notice, or an equivalent
855 notification, to all record owners of any real property, other
856 than the property at which site rehabilitation was initiated
857 pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
858 376.30701, at which contamination has been discovered. If the
859 person responsible for site rehabilitation has not complied with
860 the notice requirements of this section, the department may
861 pursue enforcement as provided under this chapter and chapter
862 403.
863 (d)1. If the property at which contamination has been
864 discovered is the site of a school as defined in s. 1003.01, the
865 department shall mail also send a copy of the notice to the
866 superintendent chair of the school board of the school district
867 in which the property is located and direct the superintendent
868 said school board to provide actual notice annually to teachers
869 and parents or guardians of students attending the school during
870 the period of site rehabilitation.
871 2. If the property at which contamination has been
872 discovered is the site of a private K-12 school or a child care
873 facility as defined in s. 402.302, the department shall mail a
874 copy of the notice to the governing board, principal, or owner
875 of the school or child care facility and direct the governing
876 board, principal, or owner to provide actual notice annually to
877 teachers and parents or guardians of students or children
878 attending the school or child care facility during the period of
879 site rehabilitation.
880 3. After receiving the notice required under subsection
881 (2), if any property within a 500-foot radius of the property at
882 which contamination has been discovered during site
883 rehabilitation pursuant to s. 376.30701 or an administrative or
884 court order is the site of a school as defined in s. 1003.01,
885 the department shall mail a copy of the notice to the
886 superintendent of the school district in which the property is
887 located and direct the superintendent to provide actual notice
888 annually to the principal of the school.
889 4. After receiving the notice required under subsection
890 (2), if any property within a 250-foot radius of the property at
891 which contamination has been discovered during site
892 rehabilitation pursuant to s. 376.3071(5), s. 376.3078(4), or s.
893 376.81 or at or in connection with a permitted solid waste
894 management facility subject to a ground water monitoring plan is
895 the site of a school as defined in s. 1003.01, the department
896 shall mail a copy of the notice to the superintendent of the
897 school district in which the property is located and direct the
898 superintendent to provide actual notice annually to the
899 principal of the school.
900 (e) Along with the copy of the notice or its equivalent,
901 the department shall include a letter identifying sources of
902 additional information about the contamination and a telephone
903 number to which further inquiries should be directed. The
904 department may collaborate with the Department of Health to
905 develop such sources of information and to establish procedures
906 for responding to public inquiries about health risks associated
907 with contaminated sites.
908 (4) LOCAL GOVERNMENT’S NOTICE RESPONSIBILITIES.—Within 30
909 days after receiving the actual notice required under subsection
910 (3), the local government shall mail a copy of the notice to the
911 president or comparable executive officer of each homeowners’
912 association or neighborhood association within the potentially
913 affected area as described in subsection (3).
914 (5)(4) RULEMAKING AUTHORITY; RECOVERY OF COSTS OF
915 NOTIFICATION.—The department shall adopt rules and forms
916 pursuant to ss. 120.536(1) and 120.54 to implement the
917 requirements of this section and shall recover the costs of
918 postage, materials, and labor associated with notification from
919 the responsible party, except when site rehabilitation is
920 eligible for state-funded cleanup pursuant to the risk-based
921 corrective action provisions found in s. 376.3071(5) or s.
922 376.3078(4).
923 Section 13. Paragraph (c) of subsection (2) of section
924 403.0876, Florida Statutes, is amended to read:
925 403.0876 Permits; processing.—
926 (2)
927 (c) The failure of the department to approve or deny an
928 application for an air construction permit for which a federally
929 delegated or approved program requires a public participation
930 period of 30 days or longer, or for an operation permit for a
931 major source of air pollution, as defined in s. 403.0872, within
932 the 90-day time period shall not result in the automatic
933 approval or denial of the permit and shall not prevent the
934 inclusion of specific permit conditions that which are necessary
935 to ensure compliance with applicable statutes and rules. If the
936 department fails to approve or deny such an operation permit for
937 a major source of air pollution within the 90-day period
938 specified in this section or in s. 403.0872, as applicable, the
939 applicant or a party who participated in the public comment
940 process may petition for a writ of mandamus to compel the
941 department to act.
942 Section 14. Paragraphs (b) and (f) of subsection (2), and
943 subsections (3), (4), (5), and (9) of section 403.121, Florida
944 Statutes, are amended to read:
945 403.121 Enforcement; procedure; remedies.—The department
946 shall have the following judicial and administrative remedies
947 available to it for violations of this chapter, as specified in
948 s. 403.161(1).
949 (2) Administrative remedies:
950 (b) If the department has reason to believe a violation has
951 occurred, it may institute an administrative proceeding to order
952 the prevention, abatement, or control of the conditions creating
953 the violation or other appropriate corrective action. Except for
954 violations involving hazardous wastes, asbestos, major sources
955 of air pollution, or underground injection, the department shall
956 proceed administratively in all cases in which the department
957 seeks administrative penalties that do not exceed $10,000 per
958 assessment as calculated in accordance with subsections (3),
959 (4), (5), (6), and (7), and (9). Pursuant to 42 U.S.C. s. 300g
960 2, the administrative penalty assessed pursuant to subsection
961 (3), subsection (4), or subsection (5) against a public water
962 system serving a population of more than 10,000 may shall be not
963 be less than $1,000 per day per violation. The department may
964 shall not impose administrative penalties greater than in excess
965 of $10,000 in a notice of violation. The department may shall
966 not have more than one notice of violation seeking
967 administrative penalties pending against the same party at the
968 same time unless the violations occurred at a different site or
969 the violations were discovered by the department after
970 subsequent to the filing of a previous notice of violation.
971 (f) In any administrative proceeding brought by the
972 department, the prevailing party shall recover all costs as
973 provided in ss. 57.041 and 57.071. The costs must be included in
974 the final order. The respondent is the prevailing party when a
975 final an order is entered which does not require the respondent
976 to perform any corrective actions or award any damages or
977 awarding no penalties to the department and such order has not
978 been reversed on appeal or the time for seeking judicial review
979 has expired. The respondent is shall be entitled to an award of
980 attorney’s fees if the administrative law judge determines that
981 the notice of violation issued by the department seeking the
982 imposition of administrative penalties was not substantially
983 justified as defined in s. 57.111(3) s. 57.111(3)(e). An No
984 award of attorney’s fees as provided by this subsection may not
985 shall exceed $15,000.
986 (3) Except for violations involving hazardous wastes,
987 asbestos, major sources of air pollution, or underground
988 injection, administrative penalties must be in accordance with
989 calculated according to the following schedule:
990 (a) For a drinking water violations contamination
991 violation, the department shall assess:
992 1. A penalty of $2,000 for a maximum contaminant
993 containment level (MCL) violation; plus $1,000 if the violation
994 is for a primary inorganic, organic, or radiological maximum
995 contaminant level or it is a fecal coliform bacteria violation;
996 plus $1,000 if the violation occurs at a community water system;
997 and plus $1,000 if any maximum contaminant level is exceeded by
998 more than 100 percent.
999 2. A penalty of $3,000 for failure to obtain a clearance
1000 letter before prior to placing a drinking water system into
1001 service if when the system would not have been eligible for
1002 clearance, the department shall assess a penalty of $3,000. All
1003 other failures to obtain a clearance letter before placing a
1004 drinking water system into service shall result in a penalty of
1005 $1,500.
1006 3. A penalty of $2,000 for failure to properly complete a
1007 required public notice of violations, exceedances, or failures
1008 that may pose an acute risk to human health, plus $2,000 if the
1009 violation occurs at a community water system. All other failures
1010 to properly complete a required public notice relating to
1011 maximum contaminant level violations shall result in a penalty
1012 of $1,000, plus $1,000 if the violation occurs at a community
1013 water system.
1014 4. A penalty of $1,000 for failure to submit a consumer
1015 confidence report.
1016 5. A penalty of $1,000 for failure to provide or meet
1017 licensed operator or staffing requirements at a drinking water
1018 facility, plus $1,000 if the violation occurs at a community
1019 water system.
1020 (b) For wastewater violations, the department shall assess:
1021 1. A penalty of $5,000 for failure to obtain a required
1022 wastewater permit before construction or modification, other
1023 than a permit required for surface water discharge.
1024 2. A penalty of $4,000 for failure to obtain a permit to
1025 construct a domestic wastewater collection or transmission
1026 system.
1027 3. A penalty of $1,000 for failure to renew obtain a
1028 required wastewater permit, other than a permit required for
1029 surface water discharge, the department shall assess a penalty
1030 of $1,000.
1031 4. For a domestic or industrial wastewater violation not
1032 involving a surface water or groundwater quality violation, the
1033 department shall assess a penalty of $2,000 for an unpermitted
1034 or unauthorized discharge or effluent-limitation exceedance.
1035 5. A penalty of $5,000 for an unpermitted or unauthorized
1036 discharge or effluent-limitation exceedance that resulted in a
1037 surface water or groundwater quality violation, the department
1038 shall assess a penalty of $5,000.
1039 6. A penalty of $2,000 for failure to properly notify the
1040 department of an unauthorized spill, discharge, or abnormal
1041 event that may impact public health or the environment.
1042 7. A penalty of $2,000 for failure to provide or meet
1043 requirements for licensed operators or staffing at a wastewater
1044 facility.
1045 (c) For a dredge, and fill, or stormwater violations, the
1046 department shall assess:
1047 1. A penalty of $1,000 for unpermitted or unauthorized
1048 dredging, or filling, or unauthorized construction of a
1049 stormwater management system against the person or persons
1050 responsible; for the illegal dredging or filling, or
1051 unauthorized construction of a stormwater management system plus
1052 $2,000 if the dredging or filling occurs in an aquatic preserve,
1053 Outstanding Florida Water, conservation easement, or Class I or
1054 Class II surface water;, plus $1,000 if the area dredged or
1055 filled is greater than one-quarter acre but less than or equal
1056 to one-half acre;, and plus $1,000 if the area dredged or filled
1057 is greater than one-half acre but less than or equal to one
1058 acre; and plus $3,000 if the person or persons responsible
1059 previously applied for or obtained authorization from the
1060 department to dredge or fill within wetlands or surface waters.
1061 2. A penalty of $10,000 for dredge, fill, or stormwater
1062 management system violations occurring in a conservation
1063 easement.
1064 3. The administrative penalty schedule does shall not apply
1065 to a dredge or and fill violation if the area dredged or filled
1066 exceeds one acre. The department retains the authority to seek
1067 the judicial imposition of civil penalties for all dredge and
1068 fill violations involving more than one acre. The department
1069 shall assess
1070 4. A penalty of $3,000 for the failure to complete required
1071 mitigation, failure to record a required conservation easement,
1072 or for a water quality violation resulting from dredging or
1073 filling activities, stormwater construction activities, or
1074 failure of a stormwater treatment facility.
1075 5. For stormwater management systems serving less than 5
1076 acres, the department shall assess a penalty of $2,000 for the
1077 failure to properly or timely construct a stormwater management
1078 system.
1079 6. In addition to the penalties authorized in this
1080 subsection, the department shall assess a penalty of $5,000 per
1081 violation against the contractor or agent of the owner or tenant
1082 that conducts unpermitted or unauthorized dredging or filling.
1083 For purposes of this paragraph, the preparation or signing of a
1084 permit application by a person currently licensed under chapter
1085 471 to practice as a professional engineer does shall not make
1086 that person an agent of the owner or tenant.
1087 (d) For mangrove trimming or alteration violations, the
1088 department shall assess:
1089 1. A penalty of up to $5,000 per violation against any
1090 person who violates any provision of ss. 403.9321-403.9333 the
1091 contractor or agent of the owner or tenant that conducts
1092 mangrove trimming or alteration without a permit as required by
1093 s. 403.9328. However, for minor unauthorized trimming that
1094 otherwise would have qualified for a general permit under s.
1095 403.9327 or that has only minimal or insignificant individual or
1096 cumulative adverse impacts on mangrove resources, the department
1097 shall assess a penalty of up to $1,000 for the first offense.
1098 For purposes of this paragraph, the preparation or signing of a
1099 permit application by a person currently licensed under chapter
1100 471 to practice as a professional engineer does shall not
1101 constitute a violation make that person an agent of the owner or
1102 tenant.
1103 2. For major unauthorized trimming or a second or
1104 subsequent violation of subparagraph 1., an additional penalty
1105 of up to $100 for each mangrove illegally trimmed and up to $250
1106 for each mangrove illegally altered, not to exceed a total of
1107 $10,000.
1108 3. For major unauthorized trimming or a second or
1109 subsequent violation of subparagraph 1. by a professional
1110 mangrove trimmer, an additional penalty of up to $250 for each
1111 mangrove illegally trimmed or altered, not to exceed a total of
1112 $10,000.
1113 (e) For solid waste violations, the department shall
1114 assess:
1115 1. A penalty of $2,000 for the unpermitted or unauthorized
1116 disposal or storage of solid waste; plus $1,000 if the solid
1117 waste is Class I or Class III (excluding yard trash) or if the
1118 solid waste is construction and demolition debris in excess of
1119 20 cubic yards;, plus $1,000 if the solid waste is disposed of
1120 or stored in any natural or artificial body of water or within
1121 500 feet of a potable water well; and, plus $1,000 if the solid
1122 waste contains PCB at a concentration of 50 parts per million or
1123 greater; untreated biomedical waste; more than 1 cubic meter of
1124 regulated friable asbestos material that greater than 1 cubic
1125 meter which is not wetted, bagged, and covered; more than 25
1126 gallons of used oil greater than 25 gallons; or 10 or more lead
1127 acid batteries.
1128 2. A penalty of $5,000 for failure to timely implement
1129 evaluation monitoring or corrective actions in response to
1130 adverse impacts to water quality at permitted facilities. The
1131 department shall assess
1132 3. A penalty of $3,000 for failure to properly maintain
1133 leachate control; unauthorized burning; failure to have a
1134 trained spotter or trained operator on duty as required by
1135 department rule at the working face when accepting waste;
1136 failure to apply and maintain adequate initial, intermediate, or
1137 final cover; failure to control or correct erosion resulting in
1138 exposed waste; failure to implement a gas management system as
1139 required by department rule; processing or disposing of
1140 unauthorized waste failure to provide access control for three
1141 consecutive inspections. The department shall assess
1142 4. A penalty of $2,000 for failure to construct or maintain
1143 a required stormwater management system; failure to compact and
1144 slope waste as required by department rule; or failure to
1145 maintain a small working face as required by department rule.
1146 5. A penalty of $1,000 for failure to timely submit annual
1147 updates required for financial assurance.
1148 (f) For an air emission violations violation, the
1149 department shall assess a penalty of $1,000 for an unpermitted
1150 or unauthorized air emission or an air-emission-permit
1151 exceedance;, plus $1,000 if the emission results in an air
1152 quality violation, plus $3,000 if the emission was from a major
1153 source and the source was major for the pollutant in violation;
1154 and plus $1,000 if the emission was more than 150 percent of the
1155 allowable level.
1156 (g) For storage tank system and petroleum contamination
1157 violations, the department shall assess:
1158 1. A penalty of $5,000 for failure to empty a damaged
1159 storage system as necessary to ensure that a release does not
1160 occur until repairs to the storage system are completed; if when
1161 a release has occurred from that storage tank system; for
1162 failure to timely recover free product as required by department
1163 rule; for failure to submit a site assessment report; or for
1164 failure to conduct remediation or monitoring activities until a
1165 no-further-action or site-rehabilitation completion order has
1166 been issued. The department shall assess
1167 2. A penalty of $3,000 for failure to timely upgrade a
1168 storage tank system or to timely assess or remediate petroleum
1169 contamination as required by department rule. The department
1170 shall assess
1171 3. A penalty of $2,000 for failure to conduct or maintain
1172 required release detection; failure to timely investigate a
1173 suspected release from a storage system as required by
1174 department rule; depositing motor fuel into an unregistered
1175 storage tank system; failure to timely assess or remediate
1176 petroleum contamination; or failure to properly install a
1177 storage tank system. The department shall assess
1178 4. A penalty of $1,000 for failure to properly operate,
1179 maintain, repair, or close a storage tank system.
1180 (h) For contaminated site rehabilitation violations, the
1181 department shall assess:
1182 1. A penalty of $5,000 for failure to submit a complete
1183 site assessment report; for failure to provide notice of
1184 contamination beyond property boundaries or complete a well
1185 survey as required by department rules; for the use or injection
1186 of substances or materials to surface water or groundwater for
1187 remediation purposes without prior department approval; or for
1188 operation of a remedial treatment system without prior approval
1189 by the department.
1190 2. A penalty of $3,000 for failure to timely assess or
1191 remediate contamination as required by department rule.
1192 (4) In an administrative proceeding, in addition to any the
1193 penalties that may be assessed under subsection (3), or for
1194 violations not otherwise listed in subsection (3), the
1195 department shall assess administrative penalties according to
1196 the following schedule:
1197 (a) For failure to satisfy financial responsibility
1198 requirements or for violation of s. 377.371(1), $5,000.
1199 (b) For failure to properly install, operate, maintain, or
1200 use a required pollution control, collection, treatment, or
1201 disposal system or device, or failure to use appropriate best
1202 management practices or erosion and sediment controls, $4,000.
1203 (c) For failure to obtain a required permit or license
1204 before construction or modification, $3,000 if the facility is
1205 constructed, modified, or operated in compliance with applicable
1206 requirements; or $5,000 if the facility is constructed,
1207 modified, or operated out of compliance with applicable
1208 requirements.
1209 (d) For failure to conduct required monitoring or testing;
1210 failure to conduct required release detection; or failure to
1211 construct in compliance with a permit, $2,000.
1212 (e) For failure to maintain required staff to respond to
1213 emergencies; failure to conduct required training; failure to
1214 prepare, maintain, or update required contingency plans; failure
1215 to adequately respond to emergencies to bring an emergency
1216 situation under control; or failure to submit required
1217 notification to the department, $1,000.
1218 (f) Except as provided in subsection (2) with respect to
1219 public water systems serving a population of more than 10,000,
1220 for failure to prepare, submit, maintain, or use required
1221 reports or other required documentation, $1,000 $500.
1222 (5) Except as provided in subsection (2) with respect to
1223 public water systems serving a population of more than 10,000,
1224 for failure to comply with any other departmental regulatory
1225 statute or rule requirement not otherwise identified in this
1226 section, the department may assess a penalty of $1,000 $500.
1227 (9) The administrative penalties assessed for any
1228 particular violation may shall not exceed $5,000 against any one
1229 violator, unless the violator has a history of noncompliance,
1230 the violator received economic benefit from of the violation as
1231 described in subsection (8) exceeds $5,000, or there are
1232 multiday violations. The total administrative penalties may
1233 shall not exceed $10,000 per assessment for all violations
1234 attributable to a specific person in the notice of violation.
1235 Section 15. Subsection (4) is added to section 403.7032,
1236 Florida Statutes, to read:
1237 403.7032 Recycling.—
1238 (4) The Department of Environmental Protection, in
1239 cooperation with the Office of Tourism, Trade, and Economic
1240 Development, shall create the Recycling Business Assistance
1241 Center by July 1, 2010. The purpose of the center shall be to
1242 serve as the mechanism for coordination among state agencies and
1243 the private sector to coordinate policy and overall strategic
1244 planning for developing new markets and expanding and enhancing
1245 existing markets for recyclable materials in this state, other
1246 states, and foreign countries. The duties of the center must
1247 include, at a minimum:
1248 (a) Identifying and developing new markets and expanding
1249 and enhancing existing markets for recyclable materials;
1250 (b) Pursuing expanded end uses for recycled materials;
1251 (c) Targeting materials for concentrated market-development
1252 efforts;
1253 (d) Developing proposals for new incentives for market
1254 development, particularly focusing on targeted materials;
1255 (e) Providing guidance on issues such as permitting,
1256 finance options for recycling market development, site location,
1257 research and development, grant program criteria for recycled
1258 materials markets, recycling markets education and information,
1259 and minimum content;
1260 (f) Coordinating the efforts of various governmental
1261 entities having market-development responsibilities in order to
1262 optimize supply and demand for recyclable materials;
1263 (g) Evaluating source-reduced products as they relate to
1264 state procurement policy. The evaluation shall include, but is
1265 not limited to, the environmental and economic impact of source
1266 reduced product purchases to the state. For the purposes of this
1267 subsection, the term “source-reduced” means any method, process,
1268 product, or technology that significantly or substantially
1269 reduces the volume or weight of a product while providing, at a
1270 minimum, equivalent or generally similar performance and service
1271 to and for the users of such materials;
1272 (h) Providing innovative solid waste management grants,
1273 pursuant to s. 403.7095, to reduce the flow of solid waste to
1274 disposal facilities and encourage the sustainable recovery of
1275 materials from Florida’s waste stream;
1276 (i) Providing below-market financing for companies that
1277 manufacture products from recycled materials or convert
1278 recyclable materials into raw materials for use in
1279 manufacturing, pursuant to the Florida Recycling Loan Program as
1280 administered by the Florida First Capital Finance Corporation;
1281 (j) Maintaining a continuously updated online directory,
1282 listing the public and private entities that collect, transport,
1283 broker, process, or remanufacture recyclable materials in
1284 Florida.
1285 (k) Providing information on the availability and benefits
1286 of using recycled materials to private entities and industries
1287 in the state; and
1288 (l) Distributing any materials prepared in implementing
1289 this subsection to the public, private entities, industries,
1290 governmental entities, or other organizations upon request.
1291 Section 16. Subsection (11) is added to section 14.2015,
1292 Florida Statutes, to read:
1293 14.2015 Office of Tourism, Trade, and Economic Development;
1294 creation; powers and duties.—
1295 (11) The Office of Tourism, Trade, and Economic
1296 Development, in cooperation with the Department of Environmental
1297 Protection, shall create the Recycling Business Assistance
1298 Center by July 1, 2010, pursuant to the requirements of s.
1299 403.7032(4). In carrying out its duties under this subsection,
1300 the Office of Tourism, Trade, and Economic Development shall
1301 consult with Enterprise Florida, Inc., and with state agency
1302 personnel appointed to serve as economic development liaisons
1303 under s. 288.021.
1304 Section 17. Present subsections (8) through (14) of section
1305 403.707, Florida Statutes, are renumbered as subsections (9)
1306 through (15), respectively, and a new subsection (8) is added to
1307 that section, to read:
1308 403.707 Permits.—
1309 (8) The department must conduct at least one inspection per
1310 year of each waste-to-energy facility for the purposes of
1311 determining compliance with permit conditions. The facility
1312 shall be given only a 24-hour notice of the inspection required
1313 in this subsection.
1314 Section 18. Paragraph (c) of subsection (12) of section
1315 403.708, Florida Statutes, is amended to read:
1316 403.708 Prohibition; penalty.—
1317 (12) A person who knows or should know of the nature of the
1318 following types of solid waste may not dispose of such solid
1319 waste in landfills:
1320 (c) Yard trash in lined landfills classified by department
1321 rule as Class I landfills unless the landfill uses an active gas
1322 collection system to collect landfill gas generated at the
1323 disposal facility and provides or arranges for a beneficial
1324 reuse of the gas. Yard trash that is source separated from solid
1325 waste may be accepted at a solid waste disposal area where
1326 separate yard trash composting facilities are provided and
1327 maintained. The department recognizes that incidental amounts of
1328 yard trash may be disposed of in Class I landfills. In any
1329 enforcement action taken pursuant to this paragraph, the
1330 department shall consider the difficulty of removing incidental
1331 amounts of yard trash from a mixed solid waste stream.
1332 Section 19. Subsection (3) of section 403.9323, Florida
1333 Statutes, is amended to read:
1334 403.9323 Legislative intent.—
1335 (3) It is the intent of the Legislature to provide
1336 waterfront property owners their riparian right of view, and
1337 other rights of riparian property ownership as recognized by s.
1338 253.141 and any other provision of law, by allowing mangrove
1339 trimming in riparian mangrove fringes without prior government
1340 approval when conducted in conformance with the provisions of
1341 ss. 403.9321-403.9333 and the trimming activities will not
1342 result in the removal, defoliation, or destruction of the
1343 mangroves.
1344 Section 20. Present subsections (1) through (6) of section
1345 403.9324, Florida Statutes, are redesignated as subsections (2)
1346 through (7), respectively, a new subsection (1) is added to that
1347 section, and present subsections (1) and (4) of that section are
1348 amended, to read:
1349 403.9324 Mangrove protection rule; delegation of mangrove
1350 protection to local governments.—
1351 (1) The department may adopt rules providing for exemptions
1352 and general permits authorizing activities that have, singularly
1353 or cumulatively, a minimal adverse effect on the water resources
1354 of the state. This subsection does not grant the department the
1355 authority to adopt rules for the exemptions and general permits
1356 provided in ss. 403.9326 and 403.9327.
1357 (2)(1) Sections 403.9321-403.9333 and any lawful
1358 regulations adopted in accordance with this section by a local
1359 government that receives a delegation of the department’s
1360 authority to administer and enforce the regulation of mangroves
1361 as provided by this section shall be the sole regulations in
1362 this state for the trimming and alteration of mangroves on
1363 privately or publicly owned lands. All other state and local
1364 regulation of mangrove is as provided in subsection (4) (3).
1365 (5)(4) Within 45 days after receipt of a written request
1366 for delegation from a local government, the department shall
1367 grant or deny the request in writing. The request is deemed
1368 approved if the department fails to respond within the 45-day
1369 time period. In reviewing requests for delegation, the
1370 department shall limit its review to whether the request
1371 complies with the requirements of subsection (3) (2). The
1372 department shall set forth in writing with specificity the
1373 reasons for denial of a request for delegation. The department’s
1374 determination regarding delegation constitutes final agency
1375 action and is subject to review under chapter 120.
1376 Section 21. Subsection (7) of section 403.9325, Florida
1377 Statutes, is amended to read:
1378 403.9325 Definitions.—For the purposes of ss. 403.9321
1379 403.9333, the term:
1380 (7) “Riparian mangrove fringe” means mangroves growing
1381 along the shoreline on private property, property owned by a
1382 governmental entity, or sovereign submerged land, the depth of
1383 which does not exceed 50 feet as measured waterward from the
1384 trunk of the most landward mangrove tree in a direction
1385 perpendicular to the shoreline to the trunk of the most
1386 waterward mangrove tree. Riparian mangrove fringe does not
1387 include mangroves on uninhabited natural islands, or public
1388 lands that have been set aside for conservation or preservation,
1389 or mangroves on lands that have been set aside as mitigation, if
1390 the permit, enforcement instrument, or conservation easement
1391 establishing the mitigation area did not include provisions for
1392 the trimming of mangroves.
1393 Section 22. Subsection (5) of section 403.9329, Florida
1394 Statutes, is amended to read:
1395 403.9329 Professional mangrove trimmers.—
1396 (5) A professional mangrove trimmer status granted under
1397 ss. 403.9321-403.9333 or by the department may be revoked by the
1398 department for any person who is responsible for any violations
1399 of ss. 403.9321-403.9333 or any adopted mangrove rules.
1400 Section 23. Subsection (3) is added to section 403.9331,
1401 Florida Statutes, to read:
1402 403.9331 Applicability; rules and policies.—
1403 (3) Pursuant to s. 403.9323(2), the provisions of ss.
1404 403.9321-403.9333 do not allow the trimming of mangroves on
1405 uninhabited natural islands that are publicly owned or on lands
1406 that are set aside for conservation and preservation or
1407 mitigation, except where necessary to protect the public health,
1408 safety, and welfare or to enhance public use of, or access to,
1409 conservation areas in accordance with approved management plans.
1410 Section 24. Subsection (9) is added to section 712.03,
1411 Florida Statutes, to read:
1412 712.03 Exceptions to marketability.—Such marketable record
1413 title shall not affect or extinguish the following rights:
1414 (9) Any right, title, or interest held by the Board of
1415 Trustees of the Internal Improvement Trust Fund, any water
1416 management district created under chapter 373, or the Federal
1417 Government.
1418 Section 25. Section 712.04, Florida Statutes, is amended to
1419 read:
1420 712.04 Interests extinguished by marketable record title.
1421 Subject to the matters stated in s. 712.03, a such marketable
1422 record title is shall be free and clear of all estates,
1423 interests, claims, or charges whatsoever, the existence of which
1424 depends upon any act, title transaction, event or omission that
1425 occurred before prior to the effective date of the root of
1426 title. Except as provided in s. 712.03, all such estates,
1427 interests, claims, or charges, however denominated, whether such
1428 estates, interests, claims, or charges are or appear to be held
1429 or asserted by a person sui juris or under a disability, whether
1430 such person is within or without the state, whether such person
1431 is natural or corporate, or is private or governmental, are
1432 hereby declared to be null and void. However, except that this
1433 chapter does shall not be deemed to affect any right, title, or
1434 interest of the United States, Florida, or any of its officers,
1435 boards, commissions, or other agencies reserved in the patent or
1436 deed by which the United States, Florida, or any of its agencies
1437 parted with title.
1438 Section 26. Subsection (14) of section 403.503, Florida
1439 Statutes, is amended to read:
1440 403.503 Definitions relating to Florida Electrical Power
1441 Plant Siting Act.—As used in this act:
1442 (14) “Electrical power plant” means, for the purpose of
1443 certification, any steam, wind or solar electrical generating
1444 facility using any process or fuel, including nuclear materials,
1445 except that this term does not include any steam, wind or solar
1446 electrical generating facility of less than 75 megawatts in
1447 capacity unless the applicant for such a facility elects to
1448 apply for certification under this act. This term also includes
1449 the site; all associated facilities that will be owned by the
1450 applicant that are physically connected to the site; all
1451 associated facilities that are indirectly connected to the site
1452 by other proposed associated facilities that will be owned by
1453 the applicant; and associated transmission lines that will be
1454 owned by the applicant which connect the electrical power plant
1455 to an existing transmission network or rights-of-way to which
1456 the applicant intends to connect. At the applicant’s option,
1457 this term may include any offsite associated facilities that
1458 will not be owned by the applicant; offsite associated
1459 facilities that are owned by the applicant but that are not
1460 directly connected to the site; any proposed terminal or
1461 intermediate substations or substation expansions connected to
1462 the associated transmission line; or new transmission lines,
1463 upgrades, or improvements of an existing transmission line on
1464 any portion of the applicant’s electrical transmission system
1465 necessary to support the generation injected into the system
1466 from the proposed electrical power plant.
1467 Section 27. Subsection (1) of section 403.506, Florida
1468 Statutes, is amended to read:
1469 403.506 Applicability, thresholds, and certification.—
1470 (1) The provisions of this act shall apply to any
1471 electrical power plant as defined herein, except that the
1472 provisions of this act shall not apply to any electrical power
1473 plant, including its associated facilities, of less than 75
1474 megawatts in gross capacity, or to any electrical power plant of
1475 any gross capacity which exclusively uses wind or solar energy
1476 as its sole fuel source including its associated facilities,
1477 unless the applicant has elected to apply for certification of
1478 such electrical power plant under this act. The provisions of
1479 this act shall not apply to capacity expansions of 75 megawatts
1480 or less, in the aggregate, of an existing exothermic reaction
1481 cogeneration electrical generating facility that was exempt from
1482 this act when it was originally built; however, this exemption
1483 shall not apply if the unit uses oil or natural gas for purposes
1484 other than unit startup. No construction of any new electrical
1485 power plant or expansion in steam generating capacity as
1486 measured by an increase in the maximum electrical generator
1487 rating of any existing electrical power plant may be undertaken
1488 after October 1, 1973, without first obtaining certification in
1489 the manner as herein provided, except that this act shall not
1490 apply to any such electrical power plant which is presently
1491 operating or under construction or which has, upon the effective
1492 date of chapter 73-33, Laws of Florida, applied for a permit or
1493 certification under requirements in force prior to the effective
1494 date of such act.
1495 Section 28. Subsection (7) of section 6 of chapter 99-395,
1496 Laws of Florida, is amended to read:
1497 Section 6. Sewage requirements in Monroe County.—
1498 (7) Class V injection wells, as defined by Department of
1499 Environmental Protection or Department of Health rule, shall
1500 meet the following requirements and shall otherwise comply with
1501 Department of Environmental Protection or Department of Health
1502 rules, as applicable:
1503 (a) If the design capacity of the facility is less than
1504 1,000,000 gallons per day, the injection well shall be at least
1505 90 feet deep and cased to a minimum depth of 60 feet or to such
1506 greater cased depth and total well depth as may be required by
1507 Department of Environmental Protection rule.
1508 (b) Except as provided in paragraph (c) for backup wells,
1509 if the design capacity of the facility is equal to or greater
1510 than 1,000,000 gallons per day, the injection well shall be
1511 cased to a minimum depth of 2,000 feet or to such greater depth
1512 as may be required by Department of Environmental Protection
1513 rule.
1514 (c) If the injection well is used as a backup to a primary
1515 injection well, the following conditions apply:
1516 1. The backup well may be used only when the primary
1517 injection well is out of service because of equipment failure,
1518 power failure, or the need for mechanical integrity testing or
1519 repair;
1520 2. The backup well may not be used for a total of more than
1521 500 hours during any 5-year period, unless specifically
1522 authorized in writing by the Department of Environmental
1523 Protection;
1524 3. The backup well shall be at least 90 feet deep and cased
1525 to a minimum depth of 60 feet, or to such greater cased depth
1526 and total well depth as may be required by rule of the
1527 Department of Environmental Protection; and
1528 4. Fluid injected into the backup well shall meet the
1529 requirements of subsections (5) and (6).
1530 Section 29. Section 403.9335, Florida Statutes, is created
1531 to read:
1532 403.9335 Coral reef protection.—
1533 (1) This section may be cited as the “Florida Coral Reef
1534 Protection Act.”
1535 (2) This act applies to the sovereign submerged lands that
1536 contain coral reefs as defined in this act off the coasts of
1537 Broward, Martin, Miami-Dade, Monroe, and Palm Beach counties.
1538 (3) As used in this section, the term:
1539 (a) “Aggravating circumstances” means operating, anchoring,
1540 or mooring a vessel in a reckless or wanton manner; under the
1541 influence of drugs or alcohol; or otherwise with disregard for
1542 boating regulations concerning speed, navigation, or safe
1543 operation.
1544 (b) “Coral” means species of the phylum Cnidaria found in
1545 state waters including:
1546 1. Class Anthozoa, including the subclass Octocorallia,
1547 commonly known as gorgonians, soft corals, and telestaceans; and
1548 2. Orders Scleractinia, commonly known as stony corals;
1549 Stolonifera, including, among others, the organisms commonly
1550 known as organ-pipe corals; Antipatharia, commonly known as
1551 black corals; and Hydrozoa, including the family Millaporidae
1552 and family Stylasteridae, commonly known as hydrocoral.
1553 (c) “Coral reefs” mean:
1554 1. Limestone structures composed wholly or partially of
1555 living corals, their skeletal remains, or both, and hosting
1556 other coral, associated benthic invertebrates, and plants; or
1557 2. Hard-bottom communities, also known as live bottom
1558 habitat or colonized pavement, characterized by the presence of
1559 coral and associated reef organisms or worm reefs created by the
1560 Phragmatopoma species.
1561 (d) “Damages” means moneys paid by any person or entity,
1562 whether voluntarily or as a result of administrative or judicial
1563 action, to the state as compensation, restitution, penalty,
1564 civil penalty, or mitigation for causing injury to or
1565 destruction of coral reefs.
1566 (e) “Department” means the Department of Environmental
1567 Protection.
1568 (f) “Fund” means the Ecosystem Management and Restoration
1569 Trust Fund.
1570 (g) “Person” means any and all persons, natural or
1571 artificial, foreign or domestic, including any individual, firm,
1572 partnership, business, corporation, and company and the United
1573 States and all political subdivisions, regions, districts,
1574 municipalities, and public agencies thereof.
1575 (h) “Responsible party” means the owner, operator, manager,
1576 or insurer of any vessel.
1577 (4) The Legislature finds that coral reefs are valuable
1578 natural resources that contribute ecologically, aesthetically,
1579 and economically to the state. Therefore, the Legislature
1580 declares it is in the best interest of the state to clarify the
1581 department’s powers and authority to protect coral reefs through
1582 timely and efficient recovery of monetary damages resulting from
1583 vessel groundings and anchoring-related injuries. It is the
1584 intent of the Legislature that the department be recognized as
1585 the state’s lead trustee for coral reef resources located within
1586 waters of the state or on sovereignty submerged lands unless
1587 preempted by federal law. This section does not divest other
1588 state agencies and political subdivisions of the state of their
1589 interests in protecting coral reefs.
1590 (5) The responsible party who knows or should know that
1591 their vessel has run aground, struck, or otherwise damaged coral
1592 reefs must notify the department of such an event within 24
1593 hours after its occurrence. Unless otherwise prohibited or
1594 restricted by the United States Coast Guard, the responsible
1595 party must remove or cause the removal of the grounded or
1596 anchored vessel within 72 hours after the initial grounding or
1597 anchoring absent extenuating circumstances such as weather, or
1598 marine hazards that would prevent safe removal of the vessel.
1599 The responsible party must remove or cause the removal of the
1600 vessel or its anchor in a manner that avoids further damage to
1601 coral reefs and shall consult with the department in
1602 accomplishing this task. The responsible party must cooperate
1603 with the department to undertake damage assessment and primary
1604 restoration of the coral reef in a timely fashion.
1605 (6) In any action or suit initiated pursuant to chapter 253
1606 on the behalf of the Board of Trustees of the Internal
1607 Improvement Trust Fund, or under chapter 373 or this chapter for
1608 damage to coral reefs, the department may recover all damages
1609 from the responsible party, including, but not limited to:
1610 (a) Compensation for the cost of replacing, restoring, or
1611 acquiring the equivalent of the coral reef injured and the value
1612 of the lost use and services of the coral reef pending its
1613 restoration, replacement, or acquisition of the equivalent coral
1614 reef, or the value of the coral reef if the coral reef cannot be
1615 restored or replaced or if the equivalent cannot be acquired.
1616 (b) The cost of damage assessments, including staff time.
1617 (c) The cost of activities undertaken by or at the request
1618 of the department to minimize or prevent further injury to coral
1619 or coral reefs pending restoration, replacement, or acquisition
1620 of an equivalent.
1621 (d) The reasonable cost of monitoring the injured,
1622 restored, or replaced coral reef for at least 10 years. Such
1623 monitoring is not required for a single occurrence of damage to
1624 a coral reef damage totaling less than or equal to 1 square
1625 meter.
1626 (e) The cost of enforcement actions undertaken in response
1627 to the destruction or loss of or injury to a coral reef,
1628 including court costs, attorney’s fees, and expert witness fees.
1629 (7) The department may use habitat equivalency analysis as
1630 the method by which the compensation described in subsection (5)
1631 is calculated. The parameters for calculation by this method may
1632 be prescribed by rule adopted by the department.
1633 (8) In addition to the compensation described in subsection
1634 (5), the department may assess, per occurrence, civil penalties
1635 according the following schedule:
1636 (a) For any anchoring of a vessel on a coral reef or for
1637 any other damage to a coral reef totaling less than or equal to
1638 an area of 1 square meter, $150, provided that a responsible
1639 party who has anchored a recreational vessel as defined in s.
1640 327.02 which is lawfully registered or exempt from registration
1641 pursuant to chapter 328 is issued, at least once, a warning
1642 letter in lieu of penalty; with aggravating circumstances, an
1643 additional $150; occurring within a state park or aquatic
1644 preserve, an additional $150.
1645 (b) For damage totaling more than an area of 1 square meter
1646 but less than or equal to an area of 10 square meters, $300 per
1647 square meter; with aggravating circumstances, an additional $300
1648 per square meter; occurring within a state park or aquatic
1649 preserve, an additional $300 per square meter.
1650 (c) For damage exceeding an area of 10 square meters,
1651 $1,000 per square meter; with aggravating circumstances, an
1652 additional $1,000 per square meter; occurring within a state
1653 park or aquatic preserve, an additional $1,000 per square meter.
1654 (d) For a second violation, the total penalty may be
1655 doubled.
1656 (e) For a third violation, the total penalty may be
1657 tripled.
1658 (f) For any violation after a third violation, the total
1659 penalty may be quadrupled.
1660 (g) The total of penalties levied may not exceed $250,000
1661 per occurrence.
1662 (9) To carry out the intent of this section, the department
1663 may enter into delegation agreements with another state agency
1664 or any coastal county with coral reefs within its jurisdiction.
1665 In deciding to execute such agreements, the department must
1666 consider the ability of the potential delegee to adequately and
1667 competently perform the duties required to fulfill the intent of
1668 this section. When such agreements are executed by the parties
1669 and incorporated in department rule, the delegee shall have all
1670 rights accorded the department by this section. Nothing herein
1671 shall be construed to require the department, another state
1672 agency, or a coastal county to enter into such an agreement.
1673 (10) Nothing in this section shall be construed to prevent
1674 the department or other state agencies from entering into
1675 agreements with federal authorities related to the
1676 administration of the Florida Keys National Marine Sanctuary.
1677 (11) All damages recovered by or on behalf of this state
1678 for injury to, or destruction of, the coral reefs of the state
1679 that would otherwise be deposited in the general revenue
1680 accounts of the State Treasury or in the Internal Improvement
1681 Trust Fund shall be deposited in the Ecosystem Management and
1682 Restoration Trust Fund in the department and shall remain in
1683 such account until expended by the department for the purposes
1684 of this section. Moneys in the fund received from damages
1685 recovered for injury to, or destruction of, coral reefs must be
1686 expended only for the following purposes:
1687 (a) To provide funds to the department for reasonable costs
1688 incurred in obtaining payment of the damages for injury to, or
1689 destruction of, coral reefs, including administrative costs and
1690 costs of experts and consultants. Such funds may be provided in
1691 advance of recovery of damages.
1692 (b) To pay for restoration or rehabilitation of the injured
1693 or destroyed coral reefs or other natural resources by a state
1694 agency or through a contract to any qualified person.
1695 (c) To pay for alternative projects selected by the
1696 department. Any such project shall be selected on the basis of
1697 its anticipated benefits to the residents of this state who used
1698 the injured or destroyed coral reefs or other natural resources
1699 or will benefit from the alternative project.
1700 (d) All claims for trust fund reimbursements under
1701 paragraph (a) must be made within 90 days after payment of
1702 damages is made to the state.
1703 (e) Each private recipient of fund disbursements shall be
1704 required to agree in advance that its accounts and records of
1705 expenditures of such moneys are subject to audit at any time by
1706 appropriate state officials and to submit a final written report
1707 describing such expenditures within 90 days after the funds have
1708 been expended.
1709 (f) When payments are made to a state agency from the fund
1710 for expenses compensable under this subsection, such
1711 expenditures shall be considered as being for extraordinary
1712 expenses, and no agency appropriation shall be reduced by any
1713 amount as a result of such reimbursement.
1714 (12) The department may adopt rules pursuant to ss. 120.536
1715 and 120.54 to administer this section.
1716 Section 30. Paragraph (b) of subsection (2) of section
1717 403.1651, Florida Statutes, is amended to read:
1718 403.1651 Ecosystem Management and Restoration Trust Fund.—
1719 (2) The trust fund shall be used for the deposit of all
1720 moneys recovered by the state:
1721 (b) For injury to or destruction of coral reefs, which
1722 moneys would otherwise be deposited into the General Revenue
1723 Fund or the Internal Improvement Trust Fund. The department may
1724 enter into settlement agreements that require responsible
1725 parties to pay a third party to fund projects related to the
1726 restoration of a coral reef, to accomplish mitigation for injury
1727 to a coral reef, or to support the activities of law enforcement
1728 agencies related to coral reef injury response, investigation
1729 and assessment. Participation of a law enforcement agency in the
1730 receipt of funds through this mechanism shall be at the law
1731 enforcement agency’s discretion.
1732 Section 31. Subsection (3) of section 253.04, Florida
1733 Statutes, is repealed.
1734 Section 32. Section 380.0558, Florida Statutes, is
1735 repealed.
1736 Section 33. Section 23 of chapter 2008-150, Laws of
1737 Florida, is repealed.
1738 Section 34. This act shall take effect July 1, 2009.