Florida Senate - 2009 SENATOR AMENDMENT
Bill No. CS/CS/SB 274, 1st Eng.
Barcode 426696
LEGISLATIVE ACTION
Senate . House
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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.