Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS/CS/SB 274, 1st Eng.
       
       
       
       
       
       
                                Barcode 414532                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/3R          .                                
             04/30/2009 02:38 PM       .                                
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       Senator Constantine moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 767 and 768
    4  insert:
    5         Section 11. Paragraphs (a) and (c) of subsection (5) of
    6  section 253.034, Florida Statutes, are amended to read:
    7         253.034 State-owned lands; uses.—
    8         (5) Each manager of conservation lands shall submit to the
    9  Division of State Lands a land management plan at least every 10
   10  years in a form and manner prescribed by rule by the board and
   11  in accordance with the provisions of s. 259.032. Each manager of
   12  conservation lands shall also update a land management plan
   13  whenever the manager proposes to add new facilities or make
   14  substantive land use or management changes that were not
   15  addressed in the approved plan, or within 1 year of the addition
   16  of significant new lands. Each manager of nonconservation lands
   17  shall submit to the Division of State Lands a land use plan at
   18  least every 10 years in a form and manner prescribed by rule by
   19  the board. The division shall review each plan for compliance
   20  with the requirements of this subsection and the requirements of
   21  the rules established by the board pursuant to this section. All
   22  land use plans, whether for single-use or multiple-use
   23  properties, shall include an analysis of the property to
   24  determine if any significant natural or cultural resources are
   25  located on the property. Such resources include archaeological
   26  and historic sites, state and federally listed plant and animal
   27  species, and imperiled natural communities and unique natural
   28  features. If such resources occur on the property, the manager
   29  shall consult with the Division of State Lands and other
   30  appropriate agencies to develop management strategies to protect
   31  such resources. Land use plans shall also provide for the
   32  control of invasive nonnative plants and conservation of soil
   33  and water resources, including a description of how the manager
   34  plans to control and prevent soil erosion and soil or water
   35  contamination. Land use plans submitted by a manager shall
   36  include reference to appropriate statutory authority for such
   37  use or uses and shall conform to the appropriate policies and
   38  guidelines of the state land management plan. Plans for managed
   39  areas larger than 1,000 acres shall contain an analysis of the
   40  multiple-use potential of the property, which analysis shall
   41  include the potential of the property to generate revenues to
   42  enhance the management of the property. Additionally, the plan
   43  shall contain an analysis of the potential use of private land
   44  managers to facilitate the restoration or management of these
   45  lands. In those cases where a newly acquired property has a
   46  valid conservation plan that was developed by a soil and
   47  conservation district, such plan shall be used to guide
   48  management of the property until a formal land use plan is
   49  completed.
   50         (a) State lands shall be managed to ensure the conservation
   51  of the state’s plant and animal species and to ensure the
   52  accessibility of state lands for the benefit and enjoyment of
   53  all people of the state, both present and future. Beginning July
   54  1, 2009, each newly developed or updated land management plan
   55  must shall provide a desired outcome, describe both short-term
   56  and long-term management goals, and include measurable
   57  objectives for achieving these to achieve those goals. Short
   58  term goals must shall be achievable within a 2-year planning
   59  period, and long-term goals must shall be achievable within a
   60  10-year planning period. These short-term and long-term
   61  management goals shall be the basis for all subsequent land
   62  management activities.
   63         (c) Beginning July 1, 2009, a newly developed or updated
   64  the land management plan must, shall at a minimum, contain the
   65  following elements:
   66         1. A physical description of the land.
   67         2. A quantitative data description of the land which
   68  includes an inventory of forest and other natural resources;
   69  exotic and invasive plants; hydrological features;
   70  infrastructure, including recreational facilities; and other
   71  significant land, cultural, or historical features. The
   72  inventory must shall reflect the number of acres for each
   73  resource and feature, as when appropriate. The inventory shall
   74  be of such detail that objective measures and benchmarks can be
   75  established for each tract of land and monitored during the
   76  lifetime of the plan. All quantitative data collected must shall
   77  be aggregated, standardized, collected, and presented in an
   78  electronic format to allow for uniform management reporting and
   79  analysis. The information collected by the Department of
   80  Environmental Protection pursuant to s. 253.0325(2) shall be
   81  available to the land manager and his or her assignee.
   82         3. A detailed description of each short-term and long-term
   83  land management goal, the associated measurable objectives, and
   84  the related activities that are to be performed to meet the land
   85  management objectives. Each land management objective must be
   86  addressed by the land management plan, and where practicable,
   87  may not no land management objective shall be performed to the
   88  detriment of the other land management objectives.
   89         4. A schedule of land management activities which contains
   90  short-term and long-term land management goals and the related
   91  measurable objective and activities. The schedule must shall
   92  include for each activity a timeline for completing each
   93  activity completion, quantitative measures, and detailed expense
   94  and manpower budgets. The schedule must shall provide a
   95  management tool that facilitates the development of performance
   96  measures.
   97         5. A summary budget for the scheduled land management
   98  activities of the land management plan. For state lands
   99  containing or anticipated to contain imperiled species habitat,
  100  the summary budget must shall include any fees anticipated from
  101  public or private entities for projects to offset adverse
  102  impacts to imperiled species or such habitat, which fees shall
  103  be used solely to restore, manage, enhance, repopulate, or
  104  acquire imperiled species habitat. The summary budget must shall
  105  be prepared in a such manner that it facilitates computing an
  106  aggregate of land management costs for all state-managed lands
  107  using the categories described in s. 259.037(3).
  108         Section 12. Subsection (2) of section 253.111, Florida
  109  Statutes, is amended to read:
  110         253.111 Notice to board of county commissioners before
  111  sale.—The Board of Trustees of the Internal Improvement Trust
  112  Fund of the state may not sell any land to which they hold title
  113  unless and until they afford an opportunity to the county in
  114  which such land is situated to receive such land on the
  115  following terms and conditions:
  116         (2) The board of county commissioners of the county in
  117  which such land is situated shall, within 40 days after receipt
  118  of such notification from the board, determine by resolution
  119  whether or not it proposes to acquire such land.
  120         Section 13. Subsection (4) of section 253.7829, Florida
  121  Statutes, is amended to read:
  122         253.7829 Management plan for retention or disposition of
  123  former Cross Florida Barge Canal lands; authority to manage
  124  lands until disposition.—
  125         (4) The Board of Trustees of the Internal Improvement Trust
  126  Fund may authorize the sale or exchange of surplus lands within
  127  the former Cross Florida Barge Canal project corridor and the
  128  acquisition of privately owned lands or easements over such
  129  privately owned lands within the project corridor necessary for
  130  purposes of completing a continuous corridor or for other
  131  management purposes provided by law. However, such acquisition
  132  shall be funded from the proceeds of any sale or exchange of
  133  surplus canal lands after repayment to the counties, as provided
  134  in s. 253.783(2)(f) s. 253.783(2)(e), or from other funds
  135  appropriated by the Legislature.
  136         Section 14. Subsection (2) of section 253.783, Florida
  137  Statutes, is amended to read:
  138         253.783 Additional powers and duties of the department;
  139  disposition of surplus lands; payments to counties.—
  140         (2) It is declared to be in the public interest that the
  141  department shall do and is hereby authorized to do any and all
  142  things and incur and pay, for the public purposes described
  143  herein, any and all expenses necessary, convenient, and proper
  144  to:
  145         (a) Offer any land declared to be surplus, at current
  146  appraised value, to the counties in which the surplus land lies,
  147  for acquisition for specific public purposes. Any county, at its
  148  option, may elect to acquire any lands so offered without
  149  monetary payment. The fair market value of any parcels so
  150  transferred shall be subtracted from the county’s reimbursement
  151  under paragraph (f) (e). These offers will be made within 3
  152  calendar months after the date the management plan is adopted
  153  and will be valid for 180 days after the date of the offer.
  154         (b) Extend the second right of refusal, at current
  155  appraised value, to the current owner of adjacent lands affected
  156  when original owner from whom the Canal Authority of the State
  157  of Florida or the United States Army Corps of Engineers acquired
  158  the surplus land and when the department wants to pursue an
  159  exchange of surplus lands for privately owned lands for the
  160  purposes set forth in s. 253.7829(4).
  161         (c)Extend the third right of refusal, at current appraised
  162  value, to the original owner from whom the Canal Authority of
  163  the State of Florida or the United States Army Corps of
  164  Engineers acquired the land or the original owner’s heirs. These
  165  offers shall be made by public advertisement in not fewer than
  166  three newspapers of general circulation within the area of the
  167  canal route, one of which shall be a newspaper in the county in
  168  which the lands declared to be surplus are located. The public
  169  advertisements shall be run for a period of 14 days. These
  170  offers will be valid for 30 days after the expiration date of
  171  any offers made under paragraph (a), or 30 days after the date
  172  publication begins, whichever is later.
  173         (d)(c) Extend the fourth third right of refusal, at current
  174  appraised value, to any person having a leasehold interest in
  175  the land from the canal authority. These offers shall be
  176  advertised as provided in paragraph (c) (b) and will be valid
  177  for 30 days after the expiration date of the offers made under
  178  paragraph (c) (b), or 30 days after the date publication begins,
  179  whichever is later.
  180         (e)(d) Offer surplus lands not purchased or transferred
  181  under paragraphs (a)-(d) (a)-(c) to the highest bidder at public
  182  sale. Such surplus lands and the public sale shall be described
  183  and advertised in a newspaper of general circulation within the
  184  county in which the lands are located not less than 14 calendar
  185  days prior to the date on which the public sale is to be held.
  186  The current appraised value of such surplus lands will be the
  187  minimum acceptable bid.
  188         (f)(e) Refund to the counties of the Cross Florida Canal
  189  Navigation District moneys pursuant to this paragraph from the
  190  funds derived from the conveyance of lands of the project to the
  191  Federal Government or any agency thereof, pursuant to s.
  192  253.781, and from the sales of surplus lands pursuant to this
  193  section. Following federal deauthorization of the project, such
  194  refunds shall consist of the $9,340,720 principal in ad valorem
  195  taxes contributed by the counties and the interest which had
  196  accrued on that amount from the time of payment to June 30,
  197  1985. In no event shall the counties be paid less than the
  198  aggregate sum of $32 million in cash or the appraised values of
  199  the surplus lands. Such refunds shall be in proportion to the ad
  200  valorem tax share paid to the Cross Florida Canal Navigation
  201  District by the respective counties. Should the funds derived
  202  from the conveyance of lands of the project to the Federal
  203  Government for payment or from the sale of surplus land be
  204  inadequate to pay the total of the principal plus interest,
  205  first priority shall be given to repaying the principal and
  206  second priority shall be given to repaying the interest.
  207  Interest to be refunded to the counties shall be compounded
  208  annually at the following rates: 1937-1950, 4 percent; 1951
  209  1960, 5 percent; 1961-1970, 6 percent; 1971-1975, 7 percent;
  210  1976-June 30, 1985, 8 percent. In computing interest, amounts
  211  already repaid to the counties shall not be subject to further
  212  assessments of interest. Any partial repayments provided to the
  213  counties under this act shall be considered as contributing to
  214  the total repayment owed to the counties. Should the funds
  215  generated by conveyance to the Federal Government and sales of
  216  surplus lands be more than sufficient to repay said counties in
  217  accordance with this section, such excess funds may be used for
  218  the maintenance of the greenways corridor.
  219         (g)(f) Carry out the purposes of this act.
  220         Section 15. Subsections (1), (2), and (5) of section
  221  259.035, Florida Statutes, are amended to read:
  222         259.035 Acquisition and Restoration Council.—
  223         (1) There is created the Acquisition and Restoration
  224  Council.
  225         (a) The council shall be composed of eleven voting members,
  226  of which six members shall be appointed pursuant to paragraphs
  227  (a), (b), and (c) four of whom shall be appointed by the
  228  Governor. The appointed members shall be appointed Of these four
  229  appointees, three shall be from scientific disciplines related
  230  to land, water, or environmental sciences and the fourth shall
  231  have at least 5 years of experience in managing lands for both
  232  active and passive types of recreation. They shall serve 4-year
  233  terms, except that, initially, to provide for staggered terms,
  234  two of the appointees shall serve 2-year terms. All subsequent
  235  appointments shall be for 4-year staggered terms. An No
  236  appointee may not shall serve more than two terms 6 years. A
  237  vacancy shall be filled for the remainder of an unexpired term
  238  in the same manner as the original appointment. The Governor may
  239  at any time fill a vacancy for the unexpired term of a member
  240  appointed under this paragraph.
  241         (a)Four members shall be appointed by the Governor. Of
  242  these, three members shall be from scientific disciplines
  243  related to land, water, or environmental sciences and the fourth
  244  member must have at least 5 years of experience in managing
  245  lands for both active and passive types of recreation.
  246         (b)One member shall be appointed by the Commissioner of
  247  Agriculture from a discipline related to agriculture including
  248  silviculture.
  249         (c)One member shall be appointed by the Fish and Wildlife
  250  Conservation Commission from a discipline related to wildlife
  251  management or wildlife ecology.
  252         (d)(b) The five remaining members appointees shall be
  253  composed of the Secretary of Environmental Protection, the
  254  director of the Division of Forestry of the Department of
  255  Agriculture and Consumer Services, the executive director of the
  256  Fish and Wildlife Conservation Commission, the director of the
  257  Division of Historical Resources of the Department of State, and
  258  the secretary of the Department of Community Affairs, or their
  259  respective designees.
  260         (c) One member shall be appointed by the Commissioner of
  261  Agriculture with a discipline related to agriculture including
  262  silviculture. One member shall be appointed by the Fish and
  263  Wildlife Conservation Commission with a discipline related to
  264  wildlife management or wildlife ecology.
  265         (e)(d) The Governor shall appoint the chair of the council,
  266  and a vice chair shall be elected from among the members.
  267         (f)(e) The council shall hold periodic meetings at the
  268  request of the chair.
  269         (g)(f) The Department of Environmental Protection shall
  270  provide primary staff support to the council and shall ensure
  271  that council meetings are electronically recorded. Such
  272  recording must shall be preserved pursuant to chapters 119 and
  273  257.
  274         (h)(g) The board of trustees may has authority to adopt
  275  rules pursuant to administer ss. 120.536(1) and 120.54 to
  276  implement the provisions of this section.
  277         (2) The six appointed four members of the council appointed
  278  pursuant to paragraph (a) and the two members of the council
  279  appointed pursuant to paragraph (c) shall receive reimbursement
  280  for expenses and per diem for travel, to attend council
  281  meetings, as allowed state officers and employees while in the
  282  performance of their duties, pursuant to s. 112.061.
  283         (5) An affirmative vote of six five members of the council
  284  is required in order to change a project boundary or to place a
  285  proposed project on a list developed pursuant to subsection (4).
  286  Any member of the council who by family or a business
  287  relationship has a connection with all or a portion of any
  288  proposed project shall declare the interest before voting on its
  289  inclusion on a list.
  290         Section 16. Paragraph (b) of subsection (3) and subsection
  291  (6) of section 259.037, Florida Statutes, are amended to read:
  292         259.037 Land Management Uniform Accounting Council.—
  293         (3)
  294         (b) Beginning July 1, 2009, each reporting agency shall
  295  also:
  296         1. Include a report of the available public use
  297  opportunities for each management unit of state land, the total
  298  management cost for public access and public use, and the cost
  299  associated with each use option.
  300         2. List the acres of land requiring minimal management
  301  effort, moderate management effort, and significant management
  302  effort pursuant to s. 259.032(11)(c). For each category created
  303  in paragraph (a), the reporting agency shall include the amount
  304  of funds requested, the amount of funds received, and the amount
  305  of funds expended for land management.
  306         3. List acres managed and cost of management for each park,
  307  preserve, forest, reserve, or management area.
  308         4. List acres managed, cost of management, and lead manager
  309  for each state lands management unit for which secondary
  310  management activities were provided.
  311         5. Include a report of the estimated calculable financial
  312  benefits to the public for the ecosystem services provided by
  313  conservation lands, based on the best readily available
  314  information or science that provides a standard measurement
  315  methodology to be consistently applied by the land managing
  316  agencies. Such information may include, but need not be limited
  317  to, the value of natural lands for protecting the quality and
  318  quantity of drinking water through natural water filtration and
  319  recharge, contributions to protecting and improving air quality,
  320  benefits to agriculture through increased soil productivity and
  321  preservation of biodiversity, and savings to property and lives
  322  through flood control.
  323         (6) Beginning July 1, 2010 Biennially, each reporting
  324  agency shall also submit an operational report every 5 years for
  325  each management area to which a new or updated along with an
  326  approved management plan was approved by the board of trustees
  327  pursuant to ss. 253.034(5) and 259.032(10). The report should
  328  assess the progress toward achieving short-term and long-term
  329  management goals of the approved management plan, including all
  330  land management activities, and identify any deficiencies in
  331  management and corrective actions to address identified
  332  deficiencies as appropriate. This report shall be submitted to
  333  the Acquisition and Restoration Council and the division for
  334  inclusion in its annual report required pursuant to s. 259.036.
  335         Section 17. Paragraphs (b), (e), (f), (g), and (h) of
  336  subsection (3) and subsection (13) of section 259.105, Florida
  337  Statutes, are amended to read:
  338         259.105 The Florida Forever Act.—
  339         (3) Less the costs of issuing and the costs of funding
  340  reserve accounts and other costs associated with bonds, the
  341  proceeds of cash payments or bonds issued pursuant to this
  342  section shall be deposited into the Florida Forever Trust Fund
  343  created by s. 259.1051. The proceeds shall be distributed by the
  344  Department of Environmental Protection in the following manner:
  345         (b) Thirty-five percent to the Department of Environmental
  346  Protection for the acquisition of lands and capital project
  347  expenditures described in this section. Of the proceeds
  348  distributed pursuant to this paragraph, it is the intent of the
  349  Legislature that an increased priority be given to those
  350  acquisitions which achieve a combination of conservation goals,
  351  including protecting Florida’s water resources and natural
  352  groundwater recharge. At a minimum, 3 percent, and no more than
  353  10 percent, of the funds allocated pursuant to this paragraph
  354  shall be spent on capital project expenditures identified in the
  355  management prospectus prepared pursuant to s. 259.032(9)(d)
  356  during the time of acquisition, or in the management plan
  357  prepared pursuant to s. 259.032(10). Such capital projects must
  358  which meet land management planning activities necessary for
  359  public access.
  360         (e) One and five-tenths percent to the Department of
  361  Environmental Protection for the purchase of inholdings and
  362  additions to state parks and for capital project expenditures as
  363  described in this section. At a minimum, 1 percent, and no more
  364  than 10 percent, of the funds allocated pursuant to this
  365  paragraph shall be spent on capital project expenditures
  366  identified in the management prospectus prepared pursuant to s.
  367  259.032(9)(d) during the time of acquisition, or in the
  368  management plan prepared pursuant to s. 259.032(10). Such
  369  capital projects must which meet land management planning
  370  activities necessary for public access. For the purposes of this
  371  paragraph, the term “state park” means any real property in the
  372  state which is under the jurisdiction of the Division of
  373  Recreation and Parks of the department, or which may come under
  374  its jurisdiction.
  375         (f) One and five-tenths percent to the Division of Forestry
  376  of the Department of Agriculture and Consumer Services to fund
  377  the acquisition of state forest inholdings and additions
  378  pursuant to s. 589.07, the implementation of reforestation plans
  379  or sustainable forestry management practices, and for capital
  380  project expenditures as described in this section. At a minimum,
  381  1 percent, and no more than 10 percent, of the funds allocated
  382  for the acquisition of inholdings and additions pursuant to this
  383  paragraph shall be spent on capital project expenditures
  384  identified in the management prospectus prepared pursuant to s.
  385  259.032(9)(d) during the time of acquisition, or in the
  386  management plan prepared pursuant to s. 259.032(10). Such
  387  capital projects must which meet land management planning
  388  activities necessary for public access.
  389         (g) One and five-tenths percent to the Fish and Wildlife
  390  Conservation Commission to fund the acquisition of inholdings
  391  and additions to lands managed by the commission which are
  392  important to the conservation of fish and wildlife and for
  393  capital project expenditures as described in this section. At a
  394  minimum, 1 percent, and no more than 10 percent, of the funds
  395  allocated pursuant to this paragraph shall be spent on capital
  396  project expenditures identified in the management prospectus
  397  prepared pursuant to s. 259.032(9)(d) during the time of
  398  acquisition, or in the management plan prepared pursuant to s.
  399  259.032(10). Such capital projects must which meet land
  400  management planning activities necessary for public access.
  401         (h) One and five-tenths percent to the Department of
  402  Environmental Protection for the Florida Greenways and Trails
  403  Program, to acquire greenways and trails or greenways and trail
  404  systems pursuant to chapter 260, including, but not limited to,
  405  abandoned railroad rights-of-way and the Florida National Scenic
  406  Trail and for capital project expenditures as described in this
  407  section. At a minimum, 1 percent, and no more than 10 percent,
  408  of the funds allocated pursuant to this paragraph shall be spent
  409  on capital project expenditures identified in the management
  410  prospectus prepared pursuant to s. 259.032(9)(d) during the time
  411  of acquisition, or in the management plan prepared pursuant to
  412  s. 259.032(10). Such capital projects must which meet land
  413  management planning activities necessary for public access.
  414         (13) An affirmative vote of six five members of the
  415  Acquisition and Restoration Council is shall be required in
  416  order to place a proposed project on the list developed pursuant
  417  to subsection (8). Any member of the council who by family or a
  418  business relationship has a connection with any project proposed
  419  to be ranked shall declare such interest before prior to voting
  420  for a project’s inclusion on the list.
  421         Section 18. Subsection (10) of section 253.12, Florida
  422  Statutes, is amended to read:
  423         253.12 Title to tidal lands vested in state.—
  424         (10) Subsection (9) does shall not operate to affect the
  425  title to lands which have been judicially adjudicated or which
  426  were the subject of litigation pending on January 1, 1993,
  427  involving title to such lands. Further, the provisions of
  428  subsection (9) do shall not apply to spoil islands or nor to any
  429  lands that which are included on an official acquisition list,
  430  on July 1, 1993, of a state agency or water management district
  431  for conservation, preservation, or recreation, nor to lands
  432  maintained as state or local recreation areas or shore
  433  protection structures, or to sovereignty lands that were filled
  434  before July 1, 1975, by any governmental entity for a public
  435  purpose or pursuant to proprietary authorization from the Board
  436  of Trustees of the Internal Improvement Trust Fund.
  437         Section 19. Section 288.1185, Florida Statutes, is
  438  repealed.
  439         Section 20. Subsections (3), (6), and (7) and paragraph (a)
  440  of subsection (8) of section 373.0693, Florida Statutes, are
  441  amended to read:
  442         373.0693 Basins; basin boards.—
  443         (3) Each member of the various basin boards shall serve for
  444  a period of 3 years or until a successor is appointed, but not
  445  more than 180 days beyond the end of the expired term, except
  446  that the board membership of each new basin shall be divided
  447  into three groups as equally as possible, with members in such
  448  groups to be appointed for 1, 2, and 3 years, respectively. Each
  449  basin board shall choose a vice chair and a secretary to serve
  450  for a period of 1 year. The term of office of a basin board
  451  member shall be construed to commence on March 2 preceding the
  452  date of appointment and to terminate March 1 of the year of the
  453  end of a term or may continue until a successor is appointed,
  454  but not more than 180 days beyond the end of the expired term.
  455         (6)(a) Notwithstanding the provisions of any other general
  456  or special law to the contrary, a member of the governing board
  457  of the district residing in the basin or, if no member resides
  458  in the basin, a member of the governing board designated by the
  459  chair of the governing board shall be the ex officio chair of
  460  the basin board. The ex officio chair shall preside at all
  461  meetings of the basin board, except that the vice chair may
  462  preside in his or her absence. The ex officio chair shall have
  463  no official vote, except in case of a tie vote being cast by the
  464  members, but shall be the liaison officer of the district in all
  465  affairs in the basin and shall be kept informed of all such
  466  affairs.
  467         (b) Basin boards within the Southwest Florida Water
  468  Management District shall meet regularly as determined by a
  469  majority vote of the basin board members. Subject to notice
  470  requirements of chapter 120, special meetings, both emergency
  471  and nonemergency, may be called either by the ex officio chair
  472  or the elected vice chair of the basin board or upon request of
  473  two basin board members. The district staff shall include on the
  474  agenda of any basin board meeting any item for discussion or
  475  action requested by a member of that basin board. The district
  476  staff shall notify any basin board, as well as their respective
  477  counties, of any vacancies occurring in the district governing
  478  board or their respective basin boards.
  479         (7) At 11:59 p.m. on December 31, 1976, the Manasota
  480  Watershed Basin of the Ridge and Lower Gulf Coast Water
  481  Management District, which is annexed to the Southwest Florida
  482  Water Management District by change of its boundaries pursuant
  483  to chapter 76-243, Laws of Florida, shall be formed into a
  484  subdistrict or basin of the Southwest Florida Water Management
  485  District, subject to the same provisions as the other basins in
  486  such district. Such subdistrict shall be designated initially as
  487  the Manasota Basin. The members of the governing board of the
  488  Manasota Watershed Basin of the Ridge and Lower Gulf Coast Water
  489  Management District shall become members of the governing board
  490  of the Manasota Basin of the Southwest Florida Water Management
  491  District. Notwithstanding other provisions in this section,
  492  beginning on July 1, 2001, the membership of the Manasota Basin
  493  Board shall be comprised of two three members from Manatee
  494  County and two three members from Sarasota County. Matters
  495  relating to tie votes shall be resolved pursuant to subsection
  496  (6) by the ex officio chair designated by the governing board to
  497  vote in case of a tie vote.
  498         (8)(a) At 11:59 p.m. on June 30, 1988, the area transferred
  499  from the Southwest Florida Water Management District to the St.
  500  Johns River Water Management District by change of boundaries
  501  pursuant to chapter 76-243, Laws of Florida, shall cease to be a
  502  subdistrict or basin of the St. Johns River Water Management
  503  District known as the Oklawaha River Basin and said Oklawaha
  504  River Basin shall cease to exist. However, any recognition of an
  505  Oklawaha River Basin or an Oklawaha River Hydrologic Basin for
  506  regulatory purposes shall be unaffected. The area formerly known
  507  as the Oklawaha River Basin shall continue to be part of the St.
  508  Johns River Water Management District. There shall be
  509  established by the governing board of the St. Johns River Water
  510  Management District the Oklawaha River Basin Advisory Council to
  511  receive public input and advise the St. Johns River Water
  512  Management District’s governing board on water management issues
  513  affecting the Oklawaha River Basin. The Oklawaha River Basin
  514  Advisory Council shall be appointed by action of the St. Johns
  515  River Water Management District’s governing board and shall
  516  include one representative from each county which is wholly or
  517  partly included in the Oklawaha River Basin. The St. Johns River
  518  Water Management District’s governing board member currently
  519  serving pursuant to s. 373.073(2)(c)3. shall serve as chair of
  520  the Oklawaha River Basin Advisory Council. Members of the
  521  Oklawaha River Basin Advisory Council shall receive no
  522  compensation for their services but are entitled to be
  523  reimbursed for per diem and travel expenses as provided in s.
  524  112.061.
  525         Section 21. Paragraph (c) of subsection (2) of section
  526  373.427, Florida Statutes, is amended to read:
  527         373.427 Concurrent permit review.—
  528         (2) In addition to the provisions set forth in subsection
  529  (1) and notwithstanding s. 120.60, the procedures established in
  530  this subsection shall apply to concurrently reviewed
  531  applications which request proprietary authorization to use
  532  board of trustees-owned submerged lands for activities for which
  533  there has been no delegation of authority to take final agency
  534  action without action by the board of trustees.
  535         (c) Any petition for an administrative hearing pursuant to
  536  ss. 120.569 and 120.57 must be filed within 21 14 days after of
  537  the notice of consolidated intent to grant or deny. Unless
  538  waived by the applicant, within 60 days after the recommended
  539  order is submitted, or at the next regularly scheduled meeting
  540  for which notice may be properly given, whichever is latest, the
  541  board of trustees shall determine what action to take on a any
  542  recommended order issued under ss. 120.569 and 120.57 on the
  543  application to use board of trustees-owned submerged lands, and
  544  shall direct the department or water management district on what
  545  action to take in the final order concerning the application to
  546  use board of trustees-owned submerged lands. The department or
  547  water management district shall determine what action to take on
  548  any recommended order issued under ss. 120.569 and 120.57
  549  regarding any concurrently processed permits, waivers,
  550  variances, or approvals required by this chapter or chapter 161.
  551  The department or water management district shall then take
  552  final agency action by entering a consolidated final order
  553  addressing each of the concurrently reviewed authorizations,
  554  permits, waivers, or approvals. Failure to satisfy these
  555  timeframes may shall not result in approval by default of the
  556  application to use board of trustees-owned submerged lands. Any
  557  provisions relating to authorization to use such board of
  558  trustees-owned submerged lands shall be as directed by the board
  559  of trustees. Issuance of the consolidated final order within 45
  560  days after receipt of the direction of the board of trustees
  561  regarding the application to use board of trustees-owned
  562  submerged lands is deemed in compliance with the timeframes for
  563  issuance of final orders under s. 120.60. The final order is
  564  shall be subject to the provisions of s. 373.4275.
  565         Section 22. Section 376.30702, Florida Statutes, is amended
  566  to read:
  567         376.30702 Contamination notification.—
  568         (1) FINDINGS; INTENT; APPLICABILITY.—The Legislature finds
  569  and declares that when contamination is discovered by any person
  570  as a result of site rehabilitation activities conducted pursuant
  571  to the risk-based corrective action provisions found in s.
  572  376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or
  573  pursuant to an administrative or court order, it is in the
  574  public’s best interest that potentially affected persons be
  575  notified of the existence of such contamination. Therefore,
  576  persons discovering such contamination shall notify the
  577  department and those identified under this section of the such
  578  discovery in accordance with the requirements of this section,
  579  and the department shall be responsible for notifying the
  580  affected public. The Legislature intends for the provisions of
  581  this section to govern the notice requirements for early
  582  notification of the discovery of contamination.
  583         (2)(a) INITIAL NOTICE OF CONTAMINATION BEYOND PROPERTY
  584  BOUNDARIES.—If at any time during site rehabilitation conducted
  585  pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
  586  376.30701, or an administrative or court order the person
  587  responsible for site rehabilitation, the person’s authorized
  588  agent, or another representative of the person discovers from
  589  laboratory analytical results that comply with appropriate
  590  quality assurance protocols specified in department rules that
  591  contamination as defined in applicable department rules exists
  592  in any groundwater, surface water, or soil medium beyond the
  593  boundaries of the property at which site rehabilitation was
  594  initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81,
  595  or s. 376.30701, or an administrative or court order the person
  596  responsible for site rehabilitation shall give actual notice as
  597  soon as possible, but no later than 10 days from such discovery,
  598  to the Division of Waste Management at the department’s
  599  Tallahassee office. The actual notice shall be provided on a
  600  form adopted by department rule and mailed by certified mail,
  601  return receipt requested. The person responsible for site
  602  rehabilitation shall simultaneously provide mail a copy of the
  603  such notice to the appropriate department district office, and
  604  the appropriate county health department, and all known lessees
  605  and tenants of the source property.
  606         (b) The notice shall include the following information:
  607         1.(a) The location of the property at which site
  608  rehabilitation was initiated pursuant to s. 376.3071(5), s.
  609  376.3078(4), s. 376.81, or s. 376.30701, or an administrative or
  610  court order and contact information for the person responsible
  611  for site rehabilitation, the person’s authorized agent, or
  612  another representative of the person.
  613         2.(b) A listing of all record owners of any real property,
  614  other than the property at which site rehabilitation was
  615  initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81,
  616  or s. 376.30701, at which contamination has been discovered; the
  617  parcel identification number for any such real property; the
  618  owner’s address listed in the current county property tax office
  619  records; and the owner’s telephone number. The requirements of
  620  this paragraph do not apply to the notice to known tenants and
  621  lessees of the source property.
  622         3.(c) Separate tables for by medium, such as groundwater,
  623  soil, and surface water which, or sediment, that list sampling
  624  locations identified on the vicinity map as provided in
  625  subparagraph 4.; sampling dates; names of contaminants detected
  626  above cleanup target levels; their corresponding cleanup target
  627  levels; the contaminant concentrations; and whether the cleanup
  628  target level is based on health, nuisance, organoleptic, or
  629  aesthetic concerns.
  630         4.(d) A vicinity map that shows each sampling location with
  631  corresponding laboratory analytical results pursuant to
  632  subparagraph 3. and the date on which the sample was collected
  633  and that identifies the property boundaries of the property at
  634  which site rehabilitation was initiated pursuant to s.
  635  376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or an
  636  administrative or court order and any the other properties at
  637  which contamination has been discovered during such site
  638  rehabilitation. If available, a contaminant plume map signed and
  639  sealed by a Florida-licensed professional engineer or geologist
  640  may be included with the vicinity map.
  641         (3) DEPARTMENT’S NOTICE RESPONSIBILITIES.—
  642         (a) After receiving the actual notice required under
  643  subsection (2), the department shall notify the following
  644  persons of such contamination:
  645         1. The mayor, the chair of the county commission, or the
  646  comparable senior elected official representing the affected
  647  area.
  648         2. The city manager, the county administrator, or the
  649  comparable senior administrative official representing the
  650  affected area.
  651         3. The school district superintendent representing the
  652  affected area.
  653         4. The state senator, state representative, and United
  654  States Representative representing the affected area and both
  655  United States Senators.
  656         5.a. All real property owners, presidents of any
  657  condominium associations or sole owners of condominiums,
  658  lessees, and tenants of record of the property at which site
  659  rehabilitation is being conducted, if different from the person
  660  responsible for site rehabilitation;
  661         b. All real property owners, presidents of any condominium
  662  associations or sole owners of condominiums, lessees, and
  663  tenants of record of any properties within a 500-foot radius of
  664  each sampling point at which contamination is discovered, if
  665  site rehabilitation was initiated pursuant to s. 376.30701 or an
  666  administrative or court order; and
  667         c. All real property owners, presidents of any condominium
  668  associations or sole owners of condominiums, lessees, and
  669  tenants of record of any properties within a 250-foot radius of
  670  each sampling point at which contamination is discovered or any
  671  properties identified on a contaminant plume map provided
  672  pursuant to subparagraph (2)(b)4., if site rehabilitation was
  673  initiated pursuant to s. 376.3071(5), s. 376.3078(4), or s.
  674  376.81 or at or in connection with a permitted solid waste
  675  management facility subject to a ground water monitoring plan.
  676         (b)1. The notice provided to local government officials
  677  shall be mailed by certified mail, return receipt requested, and
  678  shall advise the local government of its responsibilities under
  679  subsection (4).
  680         2. The notice provided to real property owners, presidents
  681  of any condominium associations or sole owners of condominiums,
  682  lessees, and tenants of record may be delivered by certified
  683  mail, return receipt requested, first-class mail, hand delivery,
  684  or door-hanger.
  685         (c) Within 30 days after receiving the actual notice
  686  required under pursuant to subsection (2), or within 30 days of
  687  the effective date of this act if the department already
  688  possesses information equivalent to that required by the notice,
  689  the department shall verify that the person responsible for site
  690  rehabilitation has complied with the notice requirements of this
  691  section send a copy of such notice, or an equivalent
  692  notification, to all record owners of any real property, other
  693  than the property at which site rehabilitation was initiated
  694  pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
  695  376.30701, at which contamination has been discovered. If the
  696  person responsible for site rehabilitation has not complied with
  697  the notice requirements of this section, the department may
  698  pursue enforcement as provided under this chapter and chapter
  699  403.
  700         (d)1. If the property at which contamination has been
  701  discovered is the site of a school as defined in s. 1003.01, the
  702  department shall mail also send a copy of the notice to the
  703  superintendent chair of the school board of the school district
  704  in which the property is located and direct the superintendent
  705  said school board to provide actual notice annually to teachers
  706  and parents or guardians of students attending the school during
  707  the period of site rehabilitation.
  708         2. If the property at which contamination has been
  709  discovered is the site of a private K-12 school or a child care
  710  facility as defined in s. 402.302, the department shall mail a
  711  copy of the notice to the governing board, principal, or owner
  712  of the school or child care facility and direct the governing
  713  board, principal, or owner to provide actual notice annually to
  714  teachers and parents or guardians of students or children
  715  attending the school or child care facility during the period of
  716  site rehabilitation.
  717         3. After receiving the notice required under subsection
  718  (2), if any property within a 500-foot radius of the property at
  719  which contamination has been discovered during site
  720  rehabilitation pursuant to s. 376.30701 or an administrative or
  721  court order is the site of a school as defined in s. 1003.01,
  722  the department shall mail a copy of the notice to the
  723  superintendent of the school district in which the property is
  724  located and direct the superintendent to provide actual notice
  725  annually to the principal of the school.
  726         4. After receiving the notice required under subsection
  727  (2), if any property within a 250-foot radius of the property at
  728  which contamination has been discovered during site
  729  rehabilitation pursuant to s. 376.3071(5), s. 376.3078(4), or s.
  730  376.81 or at or in connection with a permitted solid waste
  731  management facility subject to a ground water monitoring plan is
  732  the site of a school as defined in s. 1003.01, the department
  733  shall mail a copy of the notice to the superintendent of the
  734  school district in which the property is located and direct the
  735  superintendent to provide actual notice annually to the
  736  principal of the school.
  737         (e) Along with the copy of the notice or its equivalent,
  738  the department shall include a letter identifying sources of
  739  additional information about the contamination and a telephone
  740  number to which further inquiries should be directed. The
  741  department may collaborate with the Department of Health to
  742  develop such sources of information and to establish procedures
  743  for responding to public inquiries about health risks associated
  744  with contaminated sites.
  745         (4) LOCAL GOVERNMENT’S NOTICE RESPONSIBILITIES.—Within 30
  746  days after receiving the actual notice required under subsection
  747  (3), the local government shall mail a copy of the notice to the
  748  president or comparable executive officer of each homeowners’
  749  association or neighborhood association within the potentially
  750  affected area as described in subsection (3).
  751         (5)(4) RULEMAKING AUTHORITY; RECOVERY OF COSTS OF
  752  NOTIFICATION.—The department shall adopt rules and forms
  753  pursuant to ss. 120.536(1) and 120.54 to implement the
  754  requirements of this section and shall recover the costs of
  755  postage, materials, and labor associated with notification from
  756  the responsible party, except when site rehabilitation is
  757  eligible for state-funded cleanup pursuant to the risk-based
  758  corrective action provisions found in s. 376.3071(5) or s.
  759  376.3078(4).
  760         Section 23. Paragraph (c) of subsection (2) of section
  761  403.0876, Florida Statutes, is amended to read:
  762         403.0876 Permits; processing.—
  763         (2)
  764         (c) The failure of the department to approve or deny an
  765  application for an air construction permit for which a federally
  766  delegated or approved program requires a public participation
  767  period of 30 days or longer, or for an operation permit for a
  768  major source of air pollution, as defined in s. 403.0872, within
  769  the 90-day time period shall not result in the automatic
  770  approval or denial of the permit and shall not prevent the
  771  inclusion of specific permit conditions that which are necessary
  772  to ensure compliance with applicable statutes and rules. If the
  773  department fails to approve or deny such an operation permit for
  774  a major source of air pollution within the 90-day period
  775  specified in this section or in s. 403.0872, as applicable, the
  776  applicant or a party who participated in the public comment
  777  process may petition for a writ of mandamus to compel the
  778  department to act.
  779         Section 24. Paragraphs (b) and (f) of subsection (2), and
  780  subsections (3), (4), (5), and (9) of section 403.121, Florida
  781  Statutes, are amended to read:
  782         403.121 Enforcement; procedure; remedies.—The department
  783  shall have the following judicial and administrative remedies
  784  available to it for violations of this chapter, as specified in
  785  s. 403.161(1).
  786         (2) Administrative remedies:
  787         (b) If the department has reason to believe a violation has
  788  occurred, it may institute an administrative proceeding to order
  789  the prevention, abatement, or control of the conditions creating
  790  the violation or other appropriate corrective action. Except for
  791  violations involving hazardous wastes, asbestos, major sources
  792  of air pollution, or underground injection, the department shall
  793  proceed administratively in all cases in which the department
  794  seeks administrative penalties that do not exceed $10,000 per
  795  assessment as calculated in accordance with subsections (3),
  796  (4), (5), (6), and (7), and (9). Pursuant to 42 U.S.C. s. 300g
  797  2, the administrative penalty assessed pursuant to subsection
  798  (3), subsection (4), or subsection (5) against a public water
  799  system serving a population of more than 10,000 may shall be not
  800  be less than $1,000 per day per violation. The department may
  801  shall not impose administrative penalties greater than in excess
  802  of $10,000 in a notice of violation. The department may shall
  803  not have more than one notice of violation seeking
  804  administrative penalties pending against the same party at the
  805  same time unless the violations occurred at a different site or
  806  the violations were discovered by the department after
  807  subsequent to the filing of a previous notice of violation.
  808         (f) In any administrative proceeding brought by the
  809  department, the prevailing party shall recover all costs as
  810  provided in ss. 57.041 and 57.071. The costs must be included in
  811  the final order. The respondent is the prevailing party when a
  812  final an order is entered which does not require the respondent
  813  to perform any corrective actions or award any damages or
  814  awarding no penalties to the department and such order has not
  815  been reversed on appeal or the time for seeking judicial review
  816  has expired. The respondent is shall be entitled to an award of
  817  attorney’s fees if the administrative law judge determines that
  818  the notice of violation issued by the department seeking the
  819  imposition of administrative penalties was not substantially
  820  justified as defined in s. 57.111(3) s. 57.111(3)(e). An No
  821  award of attorney’s fees as provided by this subsection may not
  822  shall exceed $15,000.
  823         (3) Except for violations involving hazardous wastes,
  824  asbestos, major sources of air pollution, or underground
  825  injection, administrative penalties must be in accordance with
  826  calculated according to the following schedule:
  827         (a) For a drinking water violations contamination
  828  violation, the department shall assess:
  829         1. A penalty of $2,000 for a maximum contaminant
  830  containment level (MCL) violation; plus $1,000 if the violation
  831  is for a primary inorganic, organic, or radiological maximum
  832  contaminant level or it is a fecal coliform bacteria violation;
  833  plus $1,000 if the violation occurs at a community water system;
  834  and plus $1,000 if any maximum contaminant level is exceeded by
  835  more than 100 percent.
  836         2.A penalty of $3,000 for failure to obtain a clearance
  837  letter before prior to placing a drinking water system into
  838  service if when the system would not have been eligible for
  839  clearance, the department shall assess a penalty of $3,000. All
  840  other failures to obtain a clearance letter before placing a
  841  drinking water system into service shall result in a penalty of
  842  $1,500.
  843         3.A penalty of $2,000 for failure to properly complete a
  844  required public notice of violations, exceedances, or failures
  845  that may pose an acute risk to human health, plus $2,000 if the
  846  violation occurs at a community water system. All other failures
  847  to properly complete a required public notice relating to
  848  maximum contaminant level violations shall result in a penalty
  849  of $1,000, plus $1,000 if the violation occurs at a community
  850  water system.
  851         4.A penalty of $1,000 for failure to submit a consumer
  852  confidence report.
  853         5.A penalty of $1,000 for failure to provide or meet
  854  licensed operator or staffing requirements at a drinking water
  855  facility, plus $1,000 if the violation occurs at a community
  856  water system.
  857         (b) For wastewater violations, the department shall assess:
  858         1.A penalty of $5,000 for failure to obtain a required
  859  wastewater permit before construction or modification, other
  860  than a permit required for surface water discharge.
  861         2.A penalty of $4,000 for failure to obtain a permit to
  862  construct a domestic wastewater collection or transmission
  863  system.
  864         3.A penalty of $1,000 for failure to renew obtain a
  865  required wastewater permit, other than a permit required for
  866  surface water discharge, the department shall assess a penalty
  867  of $1,000.
  868         4. For a domestic or industrial wastewater violation not
  869  involving a surface water or groundwater quality violation, the
  870  department shall assess a penalty of $2,000 for an unpermitted
  871  or unauthorized discharge or effluent-limitation exceedance.
  872         5.A penalty of $5,000 for an unpermitted or unauthorized
  873  discharge or effluent-limitation exceedance that resulted in a
  874  surface water or groundwater quality violation, the department
  875  shall assess a penalty of $5,000.
  876         6.A penalty of $2,000 for failure to properly notify the
  877  department of an unauthorized spill, discharge, or abnormal
  878  event that may impact public health or the environment.
  879         7.A penalty of $2,000 for failure to provide or meet
  880  requirements for licensed operators or staffing at a wastewater
  881  facility.
  882         (c) For a dredge, and fill, or stormwater violations, the
  883  department shall assess:
  884         1. A penalty of $1,000 for unpermitted or unauthorized
  885  dredging, or filling, or unauthorized construction of a
  886  stormwater management system against the person or persons
  887  responsible; for the illegal dredging or filling, or
  888  unauthorized construction of a stormwater management system plus
  889  $2,000 if the dredging or filling occurs in an aquatic preserve,
  890  Outstanding Florida Water, conservation easement, or Class I or
  891  Class II surface water;, plus $1,000 if the area dredged or
  892  filled is greater than one-quarter acre but less than or equal
  893  to one-half acre;, and plus $1,000 if the area dredged or filled
  894  is greater than one-half acre but less than or equal to one
  895  acre; and plus $3,000 if the person or persons responsible
  896  previously applied for or obtained authorization from the
  897  department to dredge or fill within wetlands or surface waters.
  898         2.A penalty of $10,000 for dredge, fill, or stormwater
  899  management system violations occurring in a conservation
  900  easement.
  901         3. The administrative penalty schedule does shall not apply
  902  to a dredge or and fill violation if the area dredged or filled
  903  exceeds one acre. The department retains the authority to seek
  904  the judicial imposition of civil penalties for all dredge and
  905  fill violations involving more than one acre. The department
  906  shall assess
  907         4. A penalty of $3,000 for the failure to complete required
  908  mitigation, failure to record a required conservation easement,
  909  or for a water quality violation resulting from dredging or
  910  filling activities, stormwater construction activities, or
  911  failure of a stormwater treatment facility.
  912         5. For stormwater management systems serving less than 5
  913  acres, the department shall assess a penalty of $2,000 for the
  914  failure to properly or timely construct a stormwater management
  915  system.
  916         6. In addition to the penalties authorized in this
  917  subsection, the department shall assess a penalty of $5,000 per
  918  violation against the contractor or agent of the owner or tenant
  919  that conducts unpermitted or unauthorized dredging or filling.
  920  For purposes of this paragraph, the preparation or signing of a
  921  permit application by a person currently licensed under chapter
  922  471 to practice as a professional engineer does shall not make
  923  that person an agent of the owner or tenant.
  924         (d) For mangrove trimming or alteration violations, the
  925  department shall assess:
  926         1. A penalty of up to $5,000 per violation against any
  927  person who violates any provision of ss. 403.9321-403.9333 the
  928  contractor or agent of the owner or tenant that conducts
  929  mangrove trimming or alteration without a permit as required by
  930  s. 403.9328. However, for minor unauthorized trimming that
  931  otherwise would have qualified for a general permit under s.
  932  403.9327 or that has only minimal or insignificant individual or
  933  cumulative adverse impacts on mangrove resources, the department
  934  shall assess a penalty of up to $1,000 for the first offense.
  935  For purposes of this paragraph, the preparation or signing of a
  936  permit application by a person currently licensed under chapter
  937  471 to practice as a professional engineer does shall not
  938  constitute a violation make that person an agent of the owner or
  939  tenant.
  940         2.For major unauthorized trimming or a second or
  941  subsequent violation of subparagraph 1., an additional penalty
  942  of up to $100 for each mangrove illegally trimmed and up to $250
  943  for each mangrove illegally altered, not to exceed a total of
  944  $10,000.
  945         3.For major unauthorized trimming or a second or
  946  subsequent violation of subparagraph 1. by a professional
  947  mangrove trimmer, an additional penalty of up to $250 for each
  948  mangrove illegally trimmed or altered, not to exceed a total of
  949  $10,000.
  950         (e) For solid waste violations, the department shall
  951  assess:
  952         1. A penalty of $2,000 for the unpermitted or unauthorized
  953  disposal or storage of solid waste; plus $1,000 if the solid
  954  waste is Class I or Class III (excluding yard trash) or if the
  955  solid waste is construction and demolition debris in excess of
  956  20 cubic yards;, plus $1,000 if the solid waste is disposed of
  957  or stored in any natural or artificial body of water or within
  958  500 feet of a potable water well; and, plus $1,000 if the solid
  959  waste contains PCB at a concentration of 50 parts per million or
  960  greater; untreated biomedical waste; more than 1 cubic meter of
  961  regulated friable asbestos material that greater than 1 cubic
  962  meter which is not wetted, bagged, and covered; more than 25
  963  gallons of used oil greater than 25 gallons; or 10 or more lead
  964  acid batteries.
  965         2.A penalty of $5,000 for failure to timely implement
  966  evaluation monitoring or corrective actions in response to
  967  adverse impacts to water quality at permitted facilities. The
  968  department shall assess
  969         3. A penalty of $3,000 for failure to properly maintain
  970  leachate control; unauthorized burning; failure to have a
  971  trained spotter or trained operator on duty as required by
  972  department rule at the working face when accepting waste;
  973  failure to apply and maintain adequate initial, intermediate, or
  974  final cover; failure to control or correct erosion resulting in
  975  exposed waste; failure to implement a gas management system as
  976  required by department rule; processing or disposing of
  977  unauthorized waste failure to provide access control for three
  978  consecutive inspections. The department shall assess
  979         4. A penalty of $2,000 for failure to construct or maintain
  980  a required stormwater management system; failure to compact and
  981  slope waste as required by department rule; or failure to
  982  maintain a small working face as required by department rule.
  983         5.A penalty of $1,000 for failure to timely submit annual
  984  updates required for financial assurance.
  985         (f) For an air emission violations violation, the
  986  department shall assess a penalty of $1,000 for an unpermitted
  987  or unauthorized air emission or an air-emission-permit
  988  exceedance;, plus $1,000 if the emission results in an air
  989  quality violation, plus $3,000 if the emission was from a major
  990  source and the source was major for the pollutant in violation;
  991  and plus $1,000 if the emission was more than 150 percent of the
  992  allowable level.
  993         (g) For storage tank system and petroleum contamination
  994  violations, the department shall assess:
  995         1. A penalty of $5,000 for failure to empty a damaged
  996  storage system as necessary to ensure that a release does not
  997  occur until repairs to the storage system are completed; if when
  998  a release has occurred from that storage tank system; for
  999  failure to timely recover free product as required by department
 1000  rule; for failure to submit a site assessment report; or for
 1001  failure to conduct remediation or monitoring activities until a
 1002  no-further-action or site-rehabilitation completion order has
 1003  been issued. The department shall assess
 1004         2. A penalty of $3,000 for failure to timely upgrade a
 1005  storage tank system or to timely assess or remediate petroleum
 1006  contamination as required by department rule. The department
 1007  shall assess
 1008         3. A penalty of $2,000 for failure to conduct or maintain
 1009  required release detection; failure to timely investigate a
 1010  suspected release from a storage system as required by
 1011  department rule; depositing motor fuel into an unregistered
 1012  storage tank system; failure to timely assess or remediate
 1013  petroleum contamination; or failure to properly install a
 1014  storage tank system. The department shall assess
 1015         4. A penalty of $1,000 for failure to properly operate,
 1016  maintain, repair, or close a storage tank system.
 1017         (h)For contaminated site rehabilitation violations, the
 1018  department shall assess:
 1019         1.A penalty of $5,000 for failure to submit a complete
 1020  site assessment report; for failure to provide notice of
 1021  contamination beyond property boundaries or complete a well
 1022  survey as required by department rules; for the use or injection
 1023  of substances or materials to surface water or groundwater for
 1024  remediation purposes without prior department approval; or for
 1025  operation of a remedial treatment system without prior approval
 1026  by the department.
 1027         2.A penalty of $3,000 for failure to timely assess or
 1028  remediate contamination as required by department rule.
 1029         (4) In an administrative proceeding, in addition to any the
 1030  penalties that may be assessed under subsection (3), or for
 1031  violations not otherwise listed in subsection (3), the
 1032  department shall assess administrative penalties according to
 1033  the following schedule:
 1034         (a) For failure to satisfy financial responsibility
 1035  requirements or for violation of s. 377.371(1), $5,000.
 1036         (b) For failure to properly install, operate, maintain, or
 1037  use a required pollution control, collection, treatment, or
 1038  disposal system or device, or failure to use appropriate best
 1039  management practices or erosion and sediment controls, $4,000.
 1040         (c) For failure to obtain a required permit or license
 1041  before construction or modification, $3,000 if the facility is
 1042  constructed, modified, or operated in compliance with applicable
 1043  requirements; or $5,000 if the facility is constructed,
 1044  modified, or operated out of compliance with applicable
 1045  requirements.
 1046         (d) For failure to conduct required monitoring or testing;
 1047  failure to conduct required release detection; or failure to
 1048  construct in compliance with a permit, $2,000.
 1049         (e) For failure to maintain required staff to respond to
 1050  emergencies; failure to conduct required training; failure to
 1051  prepare, maintain, or update required contingency plans; failure
 1052  to adequately respond to emergencies to bring an emergency
 1053  situation under control; or failure to submit required
 1054  notification to the department, $1,000.
 1055         (f) Except as provided in subsection (2) with respect to
 1056  public water systems serving a population of more than 10,000,
 1057  for failure to prepare, submit, maintain, or use required
 1058  reports or other required documentation, $1,000 $500.
 1059         (5) Except as provided in subsection (2) with respect to
 1060  public water systems serving a population of more than 10,000,
 1061  for failure to comply with any other departmental regulatory
 1062  statute or rule requirement not otherwise identified in this
 1063  section, the department may assess a penalty of $1,000 $500.
 1064         (9) The administrative penalties assessed for any
 1065  particular violation may shall not exceed $5,000 against any one
 1066  violator, unless the violator has a history of noncompliance,
 1067  the violator received economic benefit from of the violation as
 1068  described in subsection (8) exceeds $5,000, or there are
 1069  multiday violations. The total administrative penalties may
 1070  shall not exceed $10,000 per assessment for all violations
 1071  attributable to a specific person in the notice of violation.
 1072         Section 25. Subsection (4) is added to section 403.7032,
 1073  Florida Statutes, to read:
 1074         403.7032 Recycling.—
 1075         (4)The Department of Environmental Protection, in
 1076  cooperation with the Office of Tourism, Trade, and Economic
 1077  Development, shall create the Recycling Business Assistance
 1078  Center by July 1, 2010. The purpose of the center shall be to
 1079  serve as the mechanism for coordination among state agencies and
 1080  the private sector to coordinate policy and overall strategic
 1081  planning for developing new markets and expanding and enhancing
 1082  existing markets for recyclable materials in this state, other
 1083  states, and foreign countries. The duties of the center must
 1084  include, at a minimum:
 1085         (a)Identifying and developing new markets and expanding
 1086  and enhancing existing markets for recyclable materials;
 1087         (b)Pursuing expanded end uses for recycled materials;
 1088         (c)Targeting materials for concentrated market-development
 1089  efforts;
 1090         (d)Developing proposals for new incentives for market
 1091  development, particularly focusing on targeted materials;
 1092         (e)Providing guidance on issues such as permitting,
 1093  finance options for recycling market development, site location,
 1094  research and development, grant program criteria for recycled
 1095  materials markets, recycling markets education and information,
 1096  and minimum content;
 1097         (f)Coordinating the efforts of various governmental
 1098  entities having market-development responsibilities in order to
 1099  optimize supply and demand for recyclable materials;
 1100         (g)Evaluating source-reduced products as they relate to
 1101  state procurement policy. The evaluation shall include, but is
 1102  not limited to, the environmental and economic impact of source
 1103  reduced product purchases to the state. For the purposes of this
 1104  subsection, the term “source-reduced” means any method, process,
 1105  product, or technology that significantly or substantially
 1106  reduces the volume or weight of a product while providing, at a
 1107  minimum, equivalent or generally similar performance and service
 1108  to and for the users of such materials;
 1109         (h)Providing innovative solid waste management grants,
 1110  pursuant to s. 403.7095, to reduce the flow of solid waste to
 1111  disposal facilities and encourage the sustainable recovery of
 1112  materials from Florida’s waste stream;
 1113         (i)Providing below-market financing for companies that
 1114  manufacture products from recycled materials or convert
 1115  recyclable materials into raw materials for use in
 1116  manufacturing, pursuant to the Florida Recycling Loan Program as
 1117  administered by the Florida First Capital Finance Corporation;
 1118         (j)Maintaining a continuously updated online directory,
 1119  listing the public and private entities that collect, transport,
 1120  broker, process, or remanufacture recyclable materials in
 1121  Florida.
 1122         (k)Providing information on the availability and benefits
 1123  of using recycled materials to private entities and industries
 1124  in the state; and
 1125         (l)Distributing any materials prepared in implementing
 1126  this subsection to the public, private entities, industries,
 1127  governmental entities, or other organizations upon request.
 1128         Section 26. Subsection (11) is added to section 14.2015,
 1129  Florida Statutes, to read:
 1130         14.2015 Office of Tourism, Trade, and Economic Development;
 1131  creation; powers and duties.—
 1132         (11)The Office of Tourism, Trade, and Economic
 1133  Development, in cooperation with the Department of Environmental
 1134  Protection, shall create the Recycling Business Assistance
 1135  Center by July 1, 2010, pursuant to the requirements of s.
 1136  403.7032(4). In carrying out its duties under this subsection,
 1137  the Office of Tourism, Trade, and Economic Development shall
 1138  consult with Enterprise Florida, Inc., and with state agency
 1139  personnel appointed to serve as economic development liaisons
 1140  under s. 288.021.
 1141         Section 27. Present subsections (8) through (14) of section
 1142  403.707, Florida Statutes, are renumbered as subsections (9)
 1143  through (15), respectively, and a new subsection (8) is added to
 1144  that section, to read:
 1145         403.707 Permits.—
 1146         (8)The department must conduct at least one inspection per
 1147  year of each waste-to-energy facility for the purposes of
 1148  determining compliance with permit conditions. The facility
 1149  shall be given only a 24-hour notice of the inspection required
 1150  in this subsection.
 1151         Section 28. Paragraph (c) of subsection (12) of section
 1152  403.708, Florida Statutes, is amended to read:
 1153         403.708 Prohibition; penalty.—
 1154         (12) A person who knows or should know of the nature of the
 1155  following types of solid waste may not dispose of such solid
 1156  waste in landfills:
 1157         (c) Yard trash in lined landfills classified by department
 1158  rule as Class I landfills unless the landfill uses an active gas
 1159  collection system to collect landfill gas generated at the
 1160  disposal facility and provides or arranges for a beneficial
 1161  reuse of the gas. Yard trash that is source separated from solid
 1162  waste may be accepted at a solid waste disposal area where
 1163  separate yard trash composting facilities are provided and
 1164  maintained. The department recognizes that incidental amounts of
 1165  yard trash may be disposed of in Class I landfills. In any
 1166  enforcement action taken pursuant to this paragraph, the
 1167  department shall consider the difficulty of removing incidental
 1168  amounts of yard trash from a mixed solid waste stream.
 1169         Section 29. Subsection (3) of section 403.9323, Florida
 1170  Statutes, is amended to read:
 1171         403.9323 Legislative intent.—
 1172         (3) It is the intent of the Legislature to provide
 1173  waterfront property owners their riparian right of view, and
 1174  other rights of riparian property ownership as recognized by s.
 1175  253.141 and any other provision of law, by allowing mangrove
 1176  trimming in riparian mangrove fringes without prior government
 1177  approval when conducted in conformance with the provisions of
 1178  ss. 403.9321-403.9333 and the trimming activities will not
 1179  result in the removal, defoliation, or destruction of the
 1180  mangroves.
 1181         Section 30. Present subsections (1) through (6) of section
 1182  403.9324, Florida Statutes, are redesignated as subsections (2)
 1183  through (7), respectively, a new subsection (1) is added to that
 1184  section, and present subsections (1) and (4) of that section are
 1185  amended, to read:
 1186         403.9324 Mangrove protection rule; delegation of mangrove
 1187  protection to local governments.—
 1188         (1)The department may adopt rules providing for exemptions
 1189  and general permits authorizing activities that have, singularly
 1190  or cumulatively, a minimal adverse effect on the water resources
 1191  of the state. This subsection does not grant the department the
 1192  authority to adopt rules for the exemptions and general permits
 1193  provided in ss. 403.9326 and 403.9327.
 1194         (2)(1) Sections 403.9321-403.9333 and any lawful
 1195  regulations adopted in accordance with this section by a local
 1196  government that receives a delegation of the department’s
 1197  authority to administer and enforce the regulation of mangroves
 1198  as provided by this section shall be the sole regulations in
 1199  this state for the trimming and alteration of mangroves on
 1200  privately or publicly owned lands. All other state and local
 1201  regulation of mangrove is as provided in subsection (4) (3).
 1202         (5)(4) Within 45 days after receipt of a written request
 1203  for delegation from a local government, the department shall
 1204  grant or deny the request in writing. The request is deemed
 1205  approved if the department fails to respond within the 45-day
 1206  time period. In reviewing requests for delegation, the
 1207  department shall limit its review to whether the request
 1208  complies with the requirements of subsection (3) (2). The
 1209  department shall set forth in writing with specificity the
 1210  reasons for denial of a request for delegation. The department’s
 1211  determination regarding delegation constitutes final agency
 1212  action and is subject to review under chapter 120.
 1213         Section 31. Subsection (7) of section 403.9325, Florida
 1214  Statutes, is amended to read:
 1215         403.9325 Definitions.—For the purposes of ss. 403.9321
 1216  403.9333, the term:
 1217         (7) “Riparian mangrove fringe” means mangroves growing
 1218  along the shoreline on private property, property owned by a
 1219  governmental entity, or sovereign submerged land, the depth of
 1220  which does not exceed 50 feet as measured waterward from the
 1221  trunk of the most landward mangrove tree in a direction
 1222  perpendicular to the shoreline to the trunk of the most
 1223  waterward mangrove tree. Riparian mangrove fringe does not
 1224  include mangroves on uninhabited islands, or public lands that
 1225  have been set aside for conservation or preservation, or
 1226  mangroves on lands that have been set aside as mitigation, if
 1227  the permit, enforcement instrument, or conservation easement
 1228  establishing the mitigation area did not include provisions for
 1229  the trimming of mangroves.
 1230         Section 32. Subsection (5) of section 403.9329, Florida
 1231  Statutes, is amended to read:
 1232         403.9329 Professional mangrove trimmers.—
 1233         (5) A professional mangrove trimmer status granted under
 1234  ss. 403.9321-403.9333 or by the department may be revoked by the
 1235  department for any person who is responsible for any violations
 1236  of ss. 403.9321-403.9333 or any adopted mangrove rules.
 1237         Section 33. Subsection (3) is added to section 403.9331,
 1238  Florida Statutes, to read:
 1239         403.9331 Applicability; rules and policies.—
 1240         (3) Pursuant to s. 403.9323(2), the provisions of ss.
 1241  403.9321-403.9333 do not allow the trimming of mangroves on
 1242  uninhabited islands that are publicly owned or on lands that are
 1243  set aside for conservation and preservation or mitigation,
 1244  except where necessary to protect the public health, safety, and
 1245  welfare or to enhance public use of, or access to, conservation
 1246  areas in accordance with approved management plans.
 1247         Section 34. Subsection (9) is added to section 712.03,
 1248  Florida Statutes, to read:
 1249         712.03 Exceptions to marketability.—Such marketable record
 1250  title shall not affect or extinguish the following rights:
 1251         (9)Any right, title, or interest held by the Board of
 1252  Trustees of the Internal Improvement Trust Fund, any water
 1253  management district created under chapter 373, or the Federal
 1254  Government.
 1255         Section 35. Section 712.04, Florida Statutes, is amended to
 1256  read:
 1257         712.04 Interests extinguished by marketable record title.
 1258  Subject to the matters stated in s. 712.03, a such marketable
 1259  record title is shall be free and clear of all estates,
 1260  interests, claims, or charges whatsoever, the existence of which
 1261  depends upon any act, title transaction, event or omission that
 1262  occurred before prior to the effective date of the root of
 1263  title. Except as provided in s. 712.03, all such estates,
 1264  interests, claims, or charges, however denominated, whether such
 1265  estates, interests, claims, or charges are or appear to be held
 1266  or asserted by a person sui juris or under a disability, whether
 1267  such person is within or without the state, whether such person
 1268  is natural or corporate, or is private or governmental, are
 1269  hereby declared to be null and void. However, except that this
 1270  chapter does shall not be deemed to affect any right, title, or
 1271  interest of the United States, Florida, or any of its officers,
 1272  boards, commissions, or other agencies reserved in the patent or
 1273  deed by which the United States, Florida, or any of its agencies
 1274  parted with title.
 1275         Section 36. Subsection (14) of section 403.503, Florida
 1276  Statutes, is amended to read:
 1277         403.503 Definitions relating to Florida Electrical Power
 1278  Plant Siting Act.—As used in this act:
 1279         (14) “Electrical power plant” means, for the purpose of
 1280  certification, any steam, wind or solar electrical generating
 1281  facility using any process or fuel, including nuclear materials,
 1282  except that this term does not include any steam, wind or solar
 1283  electrical generating facility of less than 75 megawatts in
 1284  capacity unless the applicant for such a facility elects to
 1285  apply for certification under this act. This term also includes
 1286  the site; all associated facilities that will be owned by the
 1287  applicant that are physically connected to the site; all
 1288  associated facilities that are indirectly connected to the site
 1289  by other proposed associated facilities that will be owned by
 1290  the applicant; and associated transmission lines that will be
 1291  owned by the applicant which connect the electrical power plant
 1292  to an existing transmission network or rights-of-way to which
 1293  the applicant intends to connect. At the applicant’s option,
 1294  this term may include any offsite associated facilities that
 1295  will not be owned by the applicant; offsite associated
 1296  facilities that are owned by the applicant but that are not
 1297  directly connected to the site; any proposed terminal or
 1298  intermediate substations or substation expansions connected to
 1299  the associated transmission line; or new transmission lines,
 1300  upgrades, or improvements of an existing transmission line on
 1301  any portion of the applicant’s electrical transmission system
 1302  necessary to support the generation injected into the system
 1303  from the proposed electrical power plant.
 1304         Section 37. Subsection (1) of section 403.506, Florida
 1305  Statutes, is amended to read:
 1306         403.506 Applicability, thresholds, and certification.—
 1307         (1) The provisions of this act shall apply to any
 1308  electrical power plant as defined herein, except that the
 1309  provisions of this act shall not apply to any electrical power
 1310  plant, including its associated facilities, of less than 75
 1311  megawatts in gross capacity, or to any electrical power plant of
 1312  any gross capacity which exclusively uses wind or solar energy
 1313  as its sole fuel source including its associated facilities,
 1314  unless the applicant has elected to apply for certification of
 1315  such electrical power plant under this act. The provisions of
 1316  this act shall not apply to capacity expansions of 75 megawatts
 1317  or less, in the aggregate, of an existing exothermic reaction
 1318  cogeneration electrical generating facility that was exempt from
 1319  this act when it was originally built; however, this exemption
 1320  shall not apply if the unit uses oil or natural gas for purposes
 1321  other than unit startup. No construction of any new electrical
 1322  power plant or expansion in steam generating capacity as
 1323  measured by an increase in the maximum electrical generator
 1324  rating of any existing electrical power plant may be undertaken
 1325  after October 1, 1973, without first obtaining certification in
 1326  the manner as herein provided, except that this act shall not
 1327  apply to any such electrical power plant which is presently
 1328  operating or under construction or which has, upon the effective
 1329  date of chapter 73-33, Laws of Florida, applied for a permit or
 1330  certification under requirements in force prior to the effective
 1331  date of such act.
 1332         Section 38. Subsection (7) of section 6 of chapter 99-395,
 1333  Laws of Florida, is amended to read:
 1334         Section 6. Sewage requirements in Monroe County.—
 1335         (7) Class V injection wells, as defined by Department of
 1336  Environmental Protection or Department of Health rule, shall
 1337  meet the following requirements and shall otherwise comply with
 1338  Department of Environmental Protection or Department of Health
 1339  rules, as applicable:
 1340         (a) If the design capacity of the facility is less than
 1341  1,000,000 gallons per day, the injection well shall be at least
 1342  90 feet deep and cased to a minimum depth of 60 feet or to such
 1343  greater cased depth and total well depth as may be required by
 1344  Department of Environmental Protection rule.
 1345         (b) Except as provided in paragraph (c) for backup wells,
 1346  if the design capacity of the facility is equal to or greater
 1347  than 1,000,000 gallons per day, the injection well shall be
 1348  cased to a minimum depth of 2,000 feet or to such greater depth
 1349  as may be required by Department of Environmental Protection
 1350  rule.
 1351         (c) If the injection well is used as a backup to a primary
 1352  injection well, the following conditions apply:
 1353         1. The backup well may be used only when the primary
 1354  injection well is out of service because of equipment failure,
 1355  power failure, or the need for mechanical integrity testing or
 1356  repair;
 1357         2. The backup well may not be used for a total of more than
 1358  500 hours during any 5-year period, unless specifically
 1359  authorized in writing by the Department of Environmental
 1360  Protection;
 1361         3. The backup well shall be at least 90 feet deep and cased
 1362  to a minimum depth of 60 feet, or to such greater cased depth
 1363  and total well depth as may be required by rule of the
 1364  Department of Environmental Protection; and
 1365         4. Fluid injected into the backup well shall meet the
 1366  requirements of subsections (5) and (6).
 1367         Section 39. Section 403.9335, Florida Statutes, is created
 1368  to read:
 1369         403.9335 Coral reef protection.—
 1370         (1) This section may be cited as the “Florida Coral Reef
 1371  Protection Act.”
 1372         (2) This act applies to the sovereign submerged lands that
 1373  contain coral reefs as defined in this act off the coasts of
 1374  Broward, Martin, Miami-Dade, Monroe, and Palm Beach counties.
 1375         (3) As used in this section, the term:
 1376         (a) “Aggravating circumstances” means operating, anchoring,
 1377  or mooring a vessel in a reckless or wanton manner; under the
 1378  influence of drugs or alcohol; or otherwise with disregard for
 1379  boating regulations concerning speed, navigation, or safe
 1380  operation.
 1381         (b) “Coral” means species of the phylum Cnidaria found in
 1382  state waters including:
 1383         1. Class Anthozoa, including the subclass Octocorallia,
 1384  commonly known as gorgonians, soft corals, and telestaceans; and
 1385         2. Orders Scleractinia, commonly known as stony corals;
 1386  Stolonifera, including, among others, the organisms commonly
 1387  known as organ-pipe corals; Antipatharia, commonly known as
 1388  black corals; and Hydrozoa, including the family Millaporidae
 1389  and family Stylasteridae, commonly known as hydrocoral.
 1390         (c) “Coral reefs” mean:
 1391         1. Limestone structures composed wholly or partially of
 1392  living corals, their skeletal remains, or both, and hosting
 1393  other coral, associated benthic invertebrates, and plants; or
 1394         2. Hard-bottom communities, also known as live bottom
 1395  habitat or colonized pavement, characterized by the presence of
 1396  coral and associated reef organisms or worm reefs created by the
 1397  Phragmatopoma species.
 1398         (d) “Damages” means moneys paid by any person or entity,
 1399  whether voluntarily or as a result of administrative or judicial
 1400  action, to the state as compensation, restitution, penalty,
 1401  civil penalty, or mitigation for causing injury to or
 1402  destruction of coral reefs.
 1403         (e) “Department” means the Department of Environmental
 1404  Protection.
 1405         (f) “Fund” means the Ecosystem Management and Restoration
 1406  Trust Fund.
 1407         (g) “Person” means any and all persons, natural or
 1408  artificial, foreign or domestic, including any individual, firm,
 1409  partnership, business, corporation, and company and the United
 1410  States and all political subdivisions, regions, districts,
 1411  municipalities, and public agencies thereof.
 1412         (h) “Responsible party” means the owner, operator, manager,
 1413  or insurer of any vessel.
 1414         (4) The Legislature finds that coral reefs are valuable
 1415  natural resources that contribute ecologically, aesthetically,
 1416  and economically to the state. Therefore, the Legislature
 1417  declares it is in the best interest of the state to clarify the
 1418  department’s powers and authority to protect coral reefs through
 1419  timely and efficient recovery of monetary damages resulting from
 1420  vessel groundings and anchoring-related injuries. It is the
 1421  intent of the Legislature that the department be recognized as
 1422  the state’s lead trustee for coral reef resources located within
 1423  waters of the state or on sovereignty submerged lands unless
 1424  preempted by federal law. This section does not divest other
 1425  state agencies and political subdivisions of the state of their
 1426  interests in protecting coral reefs.
 1427         (5) The responsible party who knows or should know that
 1428  their vessel has run aground, struck, or otherwise damaged coral
 1429  reefs must notify the department of such an event within 24
 1430  hours after its occurrence. Unless otherwise prohibited or
 1431  restricted by the United States Coast Guard, the responsible
 1432  party must remove or cause the removal of the grounded or
 1433  anchored vessel within 72 hours after the initial grounding or
 1434  anchoring absent extenuating circumstances such as weather, or
 1435  marine hazards that would prevent safe removal of the vessel.
 1436  The responsible party must remove or cause the removal of the
 1437  vessel or its anchor in a manner that avoids further damage to
 1438  coral reefs and shall consult with the department in
 1439  accomplishing this task. The responsible party must cooperate
 1440  with the department to undertake damage assessment and primary
 1441  restoration of the coral reef in a timely fashion.
 1442         (6) In any action or suit initiated pursuant to chapter 253
 1443  on the behalf of the Board of Trustees of the Internal
 1444  Improvement Trust Fund, or under chapter 373 or this chapter for
 1445  damage to coral reefs, the department may recover all damages
 1446  from the responsible party, including, but not limited to:
 1447         (a) Compensation for the cost of replacing, restoring, or
 1448  acquiring the equivalent of the coral reef injured and the value
 1449  of the lost use and services of the coral reef pending its
 1450  restoration, replacement, or acquisition of the equivalent coral
 1451  reef, or the value of the coral reef if the coral reef cannot be
 1452  restored or replaced or if the equivalent cannot be acquired.
 1453         (b) The cost of damage assessments, including staff time.
 1454         (c) The cost of activities undertaken by or at the request
 1455  of the department to minimize or prevent further injury to coral
 1456  or coral reefs pending restoration, replacement, or acquisition
 1457  of an equivalent.
 1458         (d) The reasonable cost of monitoring the injured,
 1459  restored, or replaced coral reef for at least 10 years. Such
 1460  monitoring is not required for a single occurrence of damage to
 1461  a coral reef damage totaling less than or equal to 1 square
 1462  meter.
 1463         (e) The cost of enforcement actions undertaken in response
 1464  to the destruction or loss of or injury to a coral reef,
 1465  including court costs, attorney’s fees, and expert witness fees.
 1466         (7) The department may use habitat equivalency analysis as
 1467  the method by which the compensation described in subsection (5)
 1468  is calculated. The parameters for calculation by this method may
 1469  be prescribed by rule adopted by the department.
 1470         (8) In addition to the compensation described in subsection
 1471  (5), the department may assess, per occurrence, civil penalties
 1472  according the following schedule:
 1473         (a) For any anchoring of a vessel on a coral reef or for
 1474  any other damage to a coral reef totaling less than or equal to
 1475  an area of 1 square meter, $150, provided that a responsible
 1476  party who has anchored a recreational vessel as defined in s.
 1477  327.02 which is lawfully registered or exempt from registration
 1478  pursuant to chapter 328 is issued, at least once, a warning
 1479  letter in lieu of penalty; with aggravating circumstances, an
 1480  additional $150; occurring within a state park or aquatic
 1481  preserve, an additional $150.
 1482         (b) For damage totaling more than an area of 1 square meter
 1483  but less than or equal to an area of 10 square meters, $300 per
 1484  square meter; with aggravating circumstances, an additional $300
 1485  per square meter; occurring within a state park or aquatic
 1486  preserve, an additional $300 per square meter.
 1487         (c) For damage exceeding an area of 10 square meters,
 1488  $1,000 per square meter; with aggravating circumstances, an
 1489  additional $1,000 per square meter; occurring within a state
 1490  park or aquatic preserve, an additional $1,000 per square meter.
 1491         (d) For a second violation, the total penalty may be
 1492  doubled.
 1493         (e) For a third violation, the total penalty may be
 1494  tripled.
 1495         (f) For any violation after a third violation, the total
 1496  penalty may be quadrupled.
 1497         (g) The total of penalties levied may not exceed $250,000
 1498  per occurrence.
 1499         (9) To carry out the intent of this section, the department
 1500  may enter into delegation agreements with another state agency
 1501  or any coastal county with coral reefs within its jurisdiction.
 1502  In deciding to execute such agreements, the department must
 1503  consider the ability of the potential delegee to adequately and
 1504  competently perform the duties required to fulfill the intent of
 1505  this section. When such agreements are executed by the parties
 1506  and incorporated in department rule, the delegee shall have all
 1507  rights accorded the department by this section. Nothing herein
 1508  shall be construed to require the department, another state
 1509  agency, or a coastal county to enter into such an agreement.
 1510         (10) Nothing in this section shall be construed to prevent
 1511  the department or other state agencies from entering into
 1512  agreements with federal authorities related to the
 1513  administration of the Florida Keys National Marine Sanctuary.
 1514         (11) All damages recovered by or on behalf of this state
 1515  for injury to, or destruction of, the coral reefs of the state
 1516  that would otherwise be deposited in the general revenue
 1517  accounts of the State Treasury or in the Internal Improvement
 1518  Trust Fund shall be deposited in the Ecosystem Management and
 1519  Restoration Trust Fund in the department and shall remain in
 1520  such account until expended by the department for the purposes
 1521  of this section. Moneys in the fund received from damages
 1522  recovered for injury to, or destruction of, coral reefs must be
 1523  expended only for the following purposes:
 1524         (a) To provide funds to the department for reasonable costs
 1525  incurred in obtaining payment of the damages for injury to, or
 1526  destruction of, coral reefs, including administrative costs and
 1527  costs of experts and consultants. Such funds may be provided in
 1528  advance of recovery of damages.
 1529         (b) To pay for restoration or rehabilitation of the injured
 1530  or destroyed coral reefs or other natural resources by a state
 1531  agency or through a contract to any qualified person.
 1532         (c) To pay for alternative projects selected by the
 1533  department. Any such project shall be selected on the basis of
 1534  its anticipated benefits to the residents of this state who used
 1535  the injured or destroyed coral reefs or other natural resources
 1536  or will benefit from the alternative project.
 1537         (d) All claims for trust fund reimbursements under
 1538  paragraph (a) must be made within 90 days after payment of
 1539  damages is made to the state.
 1540         (e) Each private recipient of fund disbursements shall be
 1541  required to agree in advance that its accounts and records of
 1542  expenditures of such moneys are subject to audit at any time by
 1543  appropriate state officials and to submit a final written report
 1544  describing such expenditures within 90 days after the funds have
 1545  been expended.
 1546         (f) When payments are made to a state agency from the fund
 1547  for expenses compensable under this subsection, such
 1548  expenditures shall be considered as being for extraordinary
 1549  expenses, and no agency appropriation shall be reduced by any
 1550  amount as a result of such reimbursement.
 1551         (12) The department may adopt rules pursuant to ss. 120.536
 1552  and 120.54 to administer this section.
 1553         Section 40. Paragraph (b) of subsection (2) of section
 1554  403.1651, Florida Statutes, is amended to read:
 1555         403.1651 Ecosystem Management and Restoration Trust Fund.—
 1556         (2) The trust fund shall be used for the deposit of all
 1557  moneys recovered by the state:
 1558         (b) For injury to or destruction of coral reefs, which
 1559  moneys would otherwise be deposited into the General Revenue
 1560  Fund or the Internal Improvement Trust Fund. The department may
 1561  enter into settlement agreements that require responsible
 1562  parties to pay a third party to fund projects related to the
 1563  restoration of a coral reef, to accomplish mitigation for injury
 1564  to a coral reef, or to support the activities of law enforcement
 1565  agencies related to coral reef injury response, investigation
 1566  and assessment. Participation of a law enforcement agency in the
 1567  receipt of funds through this mechanism shall be at the law
 1568  enforcement agency’s discretion.
 1569         Section 41. Subsection (3) of section 253.04, Florida
 1570  Statutes, is repealed.
 1571         Section 42. Section 380.0558, Florida Statutes, is
 1572  repealed.
 1573         Section 43. Section 23 of chapter 2008-150, Laws of
 1574  Florida, is repealed.
 1575  
 1576  
 1577  ================= T I T L E  A M E N D M E N T ================
 1578         And the title is amended as follows:
 1579         Delete lines 2 - 62
 1580  and insert:
 1581         An act relating to water resources; creating part IV of ch.
 1582  369, F.S.; providing a short title; providing legislative
 1583  findings and intent with respect to the need to protect and
 1584  restore springs and groundwater; providing definitions;
 1585  requiring the Department of Environmental Protection to
 1586  delineate the springsheds of specified springs; requiring the
 1587  department to adopt spring protection zones by secretarial
 1588  order; requiring the department to adopt total maximum daily
 1589  loads and basin management action plans for spring systems;
 1590  providing effluent requirements for domestic wastewater
 1591  treatment facilities; providing requirements for onsite sewage
 1592  treatment and disposal systems; providing requirements for
 1593  agricultural operations; authorizing the Department of
 1594  Environmental Protection, the Department of Health, and the
 1595  Department of Agriculture and Consumer Services to adopt rules;
 1596  amending s. 403.1835, F.S.; including certain areas of critical
 1597  state concern and the spring protection zones established by the
 1598  act among projects that are eligible for certain financial
 1599  assistance; requiring the Department of Environmental
 1600  Protection, the Department of Agriculture and Consumer Services,
 1601  and water management districts to assess nitrogen loading and
 1602  begin implementing management plans within the spring protection
 1603  zones by a specified date; creating s. 403.093, F.S.; providing
 1604  legislative intent to consider creation of a statewide onsite
 1605  sewage treatment and disposal system inspection program;
 1606  requiring a report to the Governor, the President of the Senate,
 1607  and the Speaker of the House of Representatives by a specified
 1608  date; requiring the Department of Environmental Protection to
 1609  provide procedures for implementing an inspection program;
 1610  requiring minimum standards; directing disposition of revenues
 1611  to fund the costs of the program; directing remaining revenues
 1612  be used to fund the grant program; amending s. 259.105, F.S.;
 1613  providing priority under the Florida Forever Act for projects
 1614  within a springs protection zone; creating s. 403.9335, F.S.;
 1615  providing legislative findings; providing for model ordinances
 1616  for the protection of urban and residential environments and
 1617  water; requiring the Department of Environmental Protection to
 1618  adopt a model ordinance by a specified date; requiring
 1619  municipalities and counties having impaired water bodies or
 1620  segments to adopt the ordinance; creating s. 403.9337, F.S.;
 1621  providing definitions; prohibiting use of certain fertilizers
 1622  after a specified date; providing for exemptions; transferring
 1623  by a type II transfer the Bureau of Onsite Sewage from the
 1624  Department of Health to the Department of Environmental
 1625  Protection; amending s. 369.317, F.S.; clarifying mitigation
 1626  offsets in the Wekiva Study Area; establishing a task force to
 1627  develop recommendations relating to stormwater management system
 1628  design; specifying study criteria; providing for task force
 1629  membership, meetings, and expiration; requiring the task force
 1630  to submit findings and legislative recommendations to the
 1631  Legislature by a specified date; amending s. 253.034, F.S.;
 1632  establishing a date by which land management plans for
 1633  conservation lands must contain certain outcomes, goals, and
 1634  elements; amending s. 253.111, F.S.; deleting a 40-day timeframe
 1635  for a board of county commissioners to decide whether to acquire
 1636  state land being sold by the Board of Trustees of the Internal
 1637  Improvement Trust Fund; amending s. 253.7829, F.S.; conforming a
 1638  cross-reference; amending s. 253.783, F.S.; revising provisions
 1639  relating to the disposition of surplus lands; authorizing the
 1640  Department of Environmental Protection to extend the second
 1641  right of refusal to the current owner of adjacent lands affected
 1642  by acquired surplus lands under certain circumstances;
 1643  authorizing the department to extend the third right of refusal
 1644  to the original owner or the original owner’s heirs of lands
 1645  acquired by the Canal Authority of the State of Florida or the
 1646  United States Army Corps of Engineers; authorizing the
 1647  department to extend the fourth right of refusal to any person
 1648  having a leasehold interest in the land from the canal
 1649  authority; conforming cross-references; amending s. 259.035,
 1650  F.S.; increasing the maximum number of terms of appointed
 1651  members of the Acquisition and Restoration Council; clarifying
 1652  that vacancies in the unexpired term of appointed members shall
 1653  be filled in the same manner as the original appointment;
 1654  requiring an affirmative vote of six members of the council for
 1655  certain decisions; amending s. 259.037, F.S.; establishing
 1656  certain dates by which agencies managing certain lands must
 1657  submit certain reports and lists to the Land Management Uniform
 1658  Accounting Council; amending s. 259.105, F.S.; requiring that
 1659  certain proceeds from the Florida Forever Trust Fund be spent on
 1660  capital projects within a year after acquisition rather than
 1661  only at the time of acquisition; requiring an affirmative vote
 1662  of six members of the Acquisition and Restoration Council for
 1663  certain decisions; amending s. 253.12, F.S.; clarifying that
 1664  title to certain sovereignty lands which were judicially
 1665  adjudicated are excluded from automatically becoming private
 1666  property; repealing s. 288.1185, F.S., relating to the Recycling
 1667  Markets Advisory Committee; amending s. 373.0693, F.S.;
 1668  providing conditions for serving on a basin board after a term
 1669  expires; removing ex officio designation for board members
 1670  serving on basin boards; revising the membership of certain
 1671  basin boards; eliminating the Oklawaha River Basin Advisory
 1672  Council; amending s. 373.427, F.S.; increasing the amount of
 1673  time for filing a petition for an administrative hearing on an
 1674  application to use board of trustees-owned submerged lands;
 1675  amending s. 376.30702, F.S.; revising contamination notification
 1676  provisions; requiring individuals responsible for site
 1677  rehabilitation to provide notice of site rehabilitation to
 1678  specified entities; revising provisions relating to the content
 1679  of such notice; requiring the Department of Environmental
 1680  Protection to provide notice of site rehabilitation to specified
 1681  entities and certain property owners; providing an exemption;
 1682  requiring the department to verify compliance with notice
 1683  requirements; authorizing the department to pursue enforcement
 1684  measures for noncompliance with notice requirements; revising
 1685  the department’s contamination notification requirements for
 1686  certain public schools; requiring the department to provide
 1687  specified notice to private K-12 schools and child care
 1688  facilities; requiring the department to provide specified notice
 1689  to public schools within a specified area; providing notice
 1690  requirements, including directives to extend such notice to
 1691  certain other persons; requiring local governments to provide
 1692  specified notice of site rehabilitation; requiring the
 1693  department to recover notification costs from responsible
 1694  parties; providing an exception; amending s. 403.0876, F.S.;
 1695  providing that the Department of Environmental Protection’s
 1696  failure to approve or deny certain air construction permits
 1697  within 90 days does not automatically result in approval or
 1698  denial; amending s. 403.121, F.S.; excluding certain air
 1699  pollution violations from certain departmental actions;
 1700  clarifying when a respondent in an administrative action is the
 1701  prevailing party; revising the penalties that may be assessed
 1702  for violations involving drinking water contamination,
 1703  wastewater, dredge, fill, or stormwater, mangrove trimming or
 1704  alterations, solid waste, air emission, and waste cleanup;
 1705  increasing fines relating to public water system requirements;
 1706  revising provisions relating to a limit on the amount of a fine
 1707  for a particular violation by certain violators; amending ss.
 1708  403.7032 and 14.2015, F.S.; directing the Department of
 1709  Environmental Protection and the Office of Tourism, Trade, and
 1710  Economic Development to create the Recycling Business Assistance
 1711  Center; providing requirements; authorizing the Office of
 1712  Tourism, Trade, and Economic Development to consult with
 1713  Enterprise Florida, Inc., and other state agency personnel;
 1714  amending s. 403.707, F.S.; providing for inspections of waste
 1715  to-energy facilities by the Department of Environmental
 1716  Protection; amending s. 403.708, F.S.; authorizing the disposal
 1717  of yard trash at a Class I landfill if the landfill has a system
 1718  for collecting landfill gas and arranges for the reuse of the
 1719  gas; amending s. 403.9323, F.S.; clarifying legislative intent
 1720  with respect to the protection of mangroves; amending s.
 1721  403.9324, F.S.; authorizing the Department of Environmental
 1722  Protection to adopt by rule certain exemptions and general
 1723  permits under the Mangrove Trimming and Preservation Act;
 1724  amending s. 403.9325, F.S.; revising the definition of “riparian
 1725  mangrove fringe”; amending s. 403.9329, F.S.; clarifying the
 1726  department’s authority to revoke a person’s status as a
 1727  professional mangrove trimmer; amending s. 403.9331, F.S.;
 1728  providing that the Mangrove Trimming and Preservation Act does
 1729  not authorize trimming on uninhabited islands or lands that are
 1730  publicly owned or set aside for conservation or mitigation
 1731  except under specified circumstances; amending ss. 712.03 and
 1732  712.04, F.S.; providing an exception from an entitlement to
 1733  marketable record title to interests held by governmental
 1734  entities; amending s. 6, ch. 99-395, Laws of Florida; providing
 1735  exceptions to requirements of the Department of Environmental
 1736  Protection regarding minimum casing for injection wells used by
 1737  facilities that have a specified design capacity; providing
 1738  requirements for an injection well used as a backup to a primary
 1739  injection well; creating s. 403.9335, F.S.; creating the
 1740  “Florida Coral Reef Protection Act”; providing definitions;
 1741  providing legislative intent; requiring responsible parties to
 1742  notify the Department of Environmental Protection if their
 1743  vessel runs aground or damages a coral reef; requiring the
 1744  responsible party to remove the vessel; requiring the
 1745  responsible party to cooperate with the department to assess the
 1746  damage and restore the coral reef; authorizing the department to
 1747  recover damages from the responsible party; authorizing the
 1748  department to use a certain method to calculate compensation for
 1749  damage of coral reefs; authorizing the department to assess
 1750  civil penalties; authorizing the department to enter into
 1751  delegation agreements; providing that moneys collected from
 1752  damages and civil penalties for injury to coral reefs be
 1753  deposited in the Ecosystem Management and Restoration Trust Fund
 1754  within the Department of Environmental Protection; providing
 1755  requirements; authorizing the department to adopt rules;
 1756  amending s. 403.1651, F.S.; authorizing the department to enter
 1757  into settlement agreements that require responsible parties to
 1758  pay another government entity or nonprofit organization to fund
 1759  projects consistent with the conservation or protection of coral
 1760  reefs; repealing s. 253.04(3), F.S., relating to civil penalties
 1761  for damage to coral reefs; repealing s. 380.0558, F.S., relating
 1762  to coral reef restoration; repealing s. 23, ch. 2008-150, Laws
 1763  of Florida, relating to a provision prohibiting the Department
 1764  of Environmental Protection from issuing a permit for certain
 1765  Class I landfills; amending s. 403.503, F.S.; revising
 1766  definitions; amending s. 403.506, F.S.; revising provisions of
 1767  power plants using wind or solar energy; providing effective
 1768  dates.