Florida Senate - 2012                                    SB 1782
       
       
       
       By Senator Latvala
       
       
       
       
       16-00981A-12                                          20121782__
    1                        A bill to be entitled                      
    2         An act relating to the Fish and Wildlife Conservation
    3         Commission; transferring and reassigning functions and
    4         responsibilities of the Division of Law Enforcement
    5         within the Department of Environmental Protection to
    6         the Division of Law Enforcement within the Fish and
    7         Wildlife Conservation Commission; providing for the
    8         transfer of additional positions to the commission;
    9         providing for a memorandum of agreement between the
   10         department and the commission regarding the
   11         responsibilities of the commission to the department;
   12         transferring and reassigning functions and
   13         responsibilities of sworn positions funded by the
   14         Conservation and Recreation Lands Program and assigned
   15         to the Florida Forest Service within the Department of
   16         Agriculture and Consumer Services and the investigator
   17         responsible for the enforcement of aquaculture
   18         violations at the Department of Agriculture and
   19         Consumer Services to the Division of Law Enforcement
   20         within the Fish and Wildlife Conservation Commission;
   21         providing for transition advisory working groups;
   22         assigning powers, duties, responsibilities, and
   23         functions for enforcement of the laws and rules
   24         governing certain lands managed by the Department of
   25         Environmental Protection and certain lands and
   26         aquaculture managed by the Department of Agriculture
   27         and Consumer Services to the Fish and Wildlife
   28         Conservation Commission; conferring full power to the
   29         law enforcement officers of the Fish and Wildlife
   30         Conservation Commission to investigate and arrest for
   31         violations of rules of the Department of Environmental
   32         Protection and the Board of Trustees of the Internal
   33         Improvement Trust Fund; providing for the retention
   34         and transfer of specified benefits for employees that
   35         are transferred from the Department of Environmental
   36         Protection and the Department of Agriculture and
   37         Consumer Services to fill positions transferred to the
   38         Fish and Wildlife Conservation Commission; amending
   39         ss. 20.255, 206.9935, 258.008, 258.501, 282.709,
   40         287.0595, 316.2397, 316.640, 376.021, 376.031,
   41         376.051, 376.065, 376.07, 376.0705, 376.071, 376.09,
   42         376.10, 376.12, 376.121, 376.123, 376.14, 376.15,
   43         376.16, 376.19, 376.30, 376.301, 376.303, 376.305,
   44         376.307, 376.308, 379.3311, 379.3312, 379.3313,
   45         379.333, 379.341, 403.413, 403.703, 403.704, 403.727,
   46         784.07, 843.08, 870.04, and 932.7055, F.S.; conforming
   47         provisions to changes made by the act; amending s.
   48         376.11, F.S.; deleting provisions authorizing the
   49         disbursement of moneys in the Florida Coastal
   50         Protection Trust Fund for the purpose of making loans
   51         to the Inland Protection Trust Fund and providing a
   52         temporary transfer of funds to the Minerals Trust
   53         Fund; creating ss. 258.601, 376.3031, and 403.7041,
   54         F.S.; specifying powers and duties of the commission
   55         relating to state parks and preserves and wild and
   56         scenic rivers, removal of pollutant discharges, and
   57         response to hazardous waste emergencies; amending ss.
   58         171.205, 316.003, 376.40, 377.709, 403.707, and
   59         487.048, F.S.; conforming cross-references; providing
   60         an effective date.
   61  
   62  Be It Enacted by the Legislature of the State of Florida:
   63  
   64         Section 1. (1) All powers, duties, functions, records,
   65  offices, personnel, property, pending issues and existing
   66  contracts, administrative authority, administrative rules, and
   67  unexpended balances of appropriations, allocations, and other
   68  funds relating to the Division of Law Enforcement within the
   69  Department of Environmental Protection are transferred by a type
   70  two transfer, as defined in s. 20.06(2), Florida Statutes, to
   71  the Division of Law Enforcement within the Florida Fish and
   72  Wildlife Conservation Commission.
   73         (2) The Secretary of Environmental Protection shall
   74  transfer to the Fish and Wildlife Conservation Commission the
   75  number of administrative, auditing, inspector general, attorney,
   76  and operational support positions proportionate to the number of
   77  Division of Law Enforcement full-time equivalent and other
   78  personal services positions being transferred from the
   79  department to the commission.
   80         (3) A memorandum of agreement shall be developed between
   81  the department and the commission detailing the responsibilities
   82  of the commission to the department, to include, at a minimum,
   83  the following:
   84         (a) Support and response for oil spills, hazardous spills,
   85  and natural disasters.
   86         (b) Law enforcement patrol and investigative services for
   87  all state-owned lands managed by the department.
   88         (c) Law enforcement services, including investigative
   89  services, for all criminal law violations of chapters 258, 376,
   90  and 403, Florida Statutes.
   91         (d) Enforcement services for all civil violations of all
   92  department administrative rules related to the following program
   93  areas:
   94         1. Division of Recreation and Parks.
   95         2. Office of Coastal and Aquatic Managed Areas.
   96         3. Office of Greenways and Trails.
   97         Section 2. All powers, duties, functions, records,
   98  property, pending issues and existing contracts, administrative
   99  authority, administrative rules, and unexpended balances of
  100  appropriations, allocations, and other funds relating to sworn
  101  positions funded by the Conservation and Recreation Lands
  102  Program and assigned to the Florida Forest Service within the
  103  Department of Agriculture and Consumer Services as of July 1,
  104  2011, and the investigator responsible for the enforcement of
  105  aquaculture violations at the Department of Agriculture and
  106  Consumer Services as of July 1, 2011, are transferred by a type
  107  two transfer, as defined in s. 20.06(2), Florida Statutes, to
  108  the Division of Law Enforcement within the Fish and Wildlife
  109  Conservation Commission.
  110         Section 3. (1) The Secretary of Environmental Protection
  111  and the executive director of the Fish and Wildlife Conservation
  112  Commission shall each appoint three staff members to a
  113  transition advisory working group to review and determine the
  114  following:
  115         (a) The appropriate proportionate number of administrative,
  116  auditing, inspector general, attorney, and operational support
  117  positions and their related funding levels and sources to be
  118  transferred from the Office of General Counsel, Office of
  119  Inspector General, and Division of Administrative Services
  120  within the Department of Environmental Protection to the Fish
  121  and Wildlife Conservation Commission.
  122         (b) The development of a recommended plan addressing the
  123  transfer or shared use of buildings, regional offices, and other
  124  facilities used or owned by the Department of Environmental
  125  Protection.
  126         (c) Any operating budget adjustments as necessary to
  127  implement the requirements of this act. Adjustments made to the
  128  operating budgets of the department or the commission in the
  129  implementation of this act must be made in consultation with the
  130  appropriate substantive and fiscal committees of the Senate and
  131  the House of Representatives. The revisions to the approved
  132  operating budget for the 2012-2013 fiscal year which are
  133  necessary to reflect the organizational changes made by this act
  134  shall be implemented pursuant to s. 216.292(4)(d), Florida
  135  Statutes, and subject to s. 216.177, Florida Statutes.
  136  Subsequent adjustments between agencies which are determined
  137  necessary by the department or commission and approved by the
  138  Executive Office of the Governor are authorized and subject to
  139  s. 216.177, Florida Statutes. The appropriate substantive
  140  committees of the Senate and the House of Representatives shall
  141  also be notified of the proposed revisions to ensure consistency
  142  with legislative policy and intent.
  143         (2) The Secretary of Environmental Protection, the
  144  Commissioner of Agriculture, and the executive director of the
  145  Fish and Wildlife Conservation Commission shall each appoint two
  146  staff members to a transition advisory working group to identify
  147  rules of the Department of Environmental Protection, the
  148  Department of Agriculture and Consumer Services, and the Fish
  149  and Wildlife Conservation Commission which need to be amended to
  150  reflect the changes made by this act.
  151         Section 4. (1) The Fish and Wildlife Conservation
  152  Commission is assigned all powers, duties, responsibilities, and
  153  functions necessary for enforcement of the laws and rules
  154  governing:
  155         (a) Management, protection, conservation, improvement, and
  156  expansion of the state-owned lands managed by the Department of
  157  Environmental Protection, including state parks, coastal and
  158  aquatic managed areas, and greenways and trails.
  159         (b) Conservation and recreation lands and commercial
  160  aquaculture managed by the Department of Agriculture and
  161  Consumer Services.
  162         (2) Law enforcement officers of the Fish and Wildlife
  163  Conservation Commission are conferred full power to investigate
  164  and arrest for any violation of the rules of the Department of
  165  Environmental Protection and the Board of Trustees of the
  166  Internal Improvement Trust Fund.
  167         Section 5. Notwithstanding chapter 60K-5, Florida
  168  Administrative Code, or any provision of law to the contrary,
  169  employees who are transferred from the Department of
  170  Environmental Protection and the Department of Agriculture and
  171  Consumer Services to fill positions transferred to the Fish and
  172  Wildlife Conservation Commission shall retain and transfer any
  173  accrued annual leave, sick leave, and regular and special
  174  compensatory leave balances.
  175         Section 6. Subsections (5) through (8) of section 20.255,
  176  Florida Statutes, are renumbered as subsections (4) through (7),
  177  respectively, and present subsections (3) and (4) of that
  178  section are amended to read:
  179         20.255 Department of Environmental Protection.—There is
  180  created a Department of Environmental Protection.
  181         (3) The following divisions of the Department of
  182  Environmental Protection are established:
  183         (a) Division of Administrative Services.
  184         (b) Division of Air Resource Management.
  185         (c) Division of Water Resource Management.
  186         (d) Division of Law Enforcement.
  187         (d)(e) Division of Environmental Assessment and
  188  Restoration.
  189         (e)(f) Division of Waste Management.
  190         (f)(g) Division of Recreation and Parks.
  191         (g)(h) Division of State Lands, the director of which is to
  192  be appointed by the secretary of the department, subject to
  193  confirmation by the Governor and Cabinet sitting as the Board of
  194  Trustees of the Internal Improvement Trust Fund.
  195  
  196  In order to ensure statewide and intradepartmental consistency,
  197  the department’s divisions shall direct the district offices and
  198  bureaus on matters of interpretation and applicability of the
  199  department’s rules and programs.
  200         (4) Law enforcement officers of the Department of
  201  Environmental Protection who meet the provisions of s. 943.13
  202  are constituted law enforcement officers of this state with full
  203  power to investigate and arrest for any violation of the laws of
  204  this state, and the rules of the department and the Board of
  205  Trustees of the Internal Improvement Trust Fund. The general
  206  laws applicable to investigations, searches, and arrests by
  207  peace officers of this state apply to such law enforcement
  208  officers.
  209         Section 7. Subsection (1) of section 206.9935, Florida
  210  Statutes, is amended to read:
  211         206.9935 Taxes imposed.—
  212         (1) TAX FOR COASTAL PROTECTION.—
  213         (a)1. There is hereby levied an excise tax for the
  214  privilege of producing in, importing into, or causing to be
  215  imported into this state pollutants for sale, use, or otherwise.
  216         2. The tax shall be imposed only once on each barrel of
  217  pollutant, other than petroleum products, when first produced in
  218  or imported into this state. The tax on pollutants first
  219  imported into or produced in this state shall be imposed when
  220  the product is first sold or first removed from storage. The tax
  221  shall be paid and remitted by any person who is licensed by the
  222  department to engage in the production or importation of motor
  223  fuel, diesel fuel, aviation fuel, or other pollutants.
  224         3. The tax shall be imposed on petroleum products and
  225  remitted to the department in the same manner as the motor fuel
  226  tax imposed pursuant to s. 206.41.
  227         (b) The excise tax shall be 2 cents per barrel of
  228  pollutant, or equivalent measure as established by the
  229  department, produced in or imported into this state until the
  230  balance in the Coastal Protection Trust Fund equals or exceeds
  231  $50 million. For the fiscal year immediately following the year
  232  in which the balance in the fund equals or exceeds $50 million,
  233  no excise tax shall be levied unless:
  234         1. The balance in the fund is less than or equal to $40
  235  million. For the fiscal year immediately following the year in
  236  which the balance in the fund is less than or equal to $40
  237  million, the excise tax shall be and shall remain 2 cents per
  238  barrel or equivalent measure until the fund again equals or
  239  exceeds $50 million. For the fiscal year immediately following
  240  the year in which the fund again is equal to or exceeds $50
  241  million, the excise tax and fund shall be controlled as when the
  242  fund first was equal to or exceeded $50 million.
  243         2. There is a discharge of catastrophic proportions, the
  244  results of which could significantly reduce the balance in the
  245  fund. In the event of such a catastrophic occurrence, the
  246  executive director of the Fish and Wildlife Conservation
  247  Commission Secretary of Environmental Protection may, by rule,
  248  relevy the excise tax in an amount not to exceed 10 cents per
  249  barrel for a period of time sufficient to maintain the fund at a
  250  balance of $50 million, after payment of the costs and damages
  251  related to the catastrophic discharge.
  252         3. The fund is unable to pay any proven claims against the
  253  fund at the end of the fiscal year. Notwithstanding any other
  254  provision of this subsection, for the fiscal year following the
  255  year in which the fund is unable to pay any proven claims
  256  against the fund at the end of the fiscal year, the excise tax
  257  shall be and shall remain 5 cents per barrel or equivalent
  258  measure until all outstanding proven claims have been paid and
  259  the fund again equals or exceeds $20 million. For the fiscal
  260  year immediately following the year in which the fund, after
  261  levy of the 5-cent excise tax, again is equal to or exceeds $20
  262  million, the excise tax and fund shall be controlled in
  263  accordance with subparagraph 1., unless otherwise provided.
  264         4. The fund has had appropriated to it by the Legislature,
  265  but has not yet repaid, state funds from the General Revenue
  266  Fund. In such event, the excise tax shall continue to be in
  267  effect until all such funds are repaid to the General Revenue
  268  Fund.
  269         (c)1. Excluding natural gas drilling activities, if
  270  offshore oil drilling activity is approved by the United States
  271  Department of the Interior for the waters off the coast of this
  272  state in the Atlantic Ocean, Gulf of Mexico, or Straits of
  273  Florida, paragraph (b) shall not apply. Instead, the excise tax
  274  shall be 2 cents per barrel of pollutant, or equivalent measure
  275  as established by the department, produced in or imported into
  276  this state, and the proceeds shall be deposited into the Coastal
  277  Protection Trust Fund with a cap of $100 million.
  278         2. If a discharge of catastrophic proportions occurs, the
  279  results of which could significantly reduce the balance in the
  280  fund, the executive director of the Fish and Wildlife
  281  Conservation Commission Secretary of Environmental Protection
  282  may, by rule, increase the levy of the excise tax to an amount
  283  not to exceed 10 cents per barrel for a period of time
  284  sufficient to pay any proven claim against the fund and restore
  285  the balance in the fund until it again equals or exceeds $50
  286  million; except that for any fiscal year immediately following
  287  the year in which the fund is equal to or exceeds $50 million,
  288  the excise tax and fund shall be governed by the provisions of
  289  subparagraph 1.
  290         Section 8. Subsection (1) of section 258.008, Florida
  291  Statutes, is amended to read:
  292         258.008 Prohibited activities; penalties.—
  293         (1) Except as provided in subsection (3), any person who
  294  violates or otherwise fails to comply with the rules adopted
  295  under this chapter commits a noncriminal infraction for which
  296  ejection from all property managed by the Division of Recreation
  297  and Parks and a fine of up to $500 may be imposed by the
  298  division. Fines paid under this subsection shall be paid to the
  299  Fish and Wildlife Conservation Commission Department of
  300  Environmental Protection and deposited in the State Game Park
  301  Trust Fund as provided in ss. 379.338, 379.339, and 379.3395.
  302         Section 9. Subsection (16) of section 258.501, Florida
  303  Statutes, is amended to read:
  304         258.501 Myakka River; wild and scenic segment.—
  305         (16) ENFORCEMENT.—Officers of the Fish and Wildlife
  306  Conservation Commission department shall have full authority to
  307  enforce any rule adopted by the department under this section
  308  with the same police powers given them by law to enforce the
  309  rules of state parks and the rules pertaining to saltwater areas
  310  under the jurisdiction of the Florida Marine Patrol.
  311         Section 10. Part IV of chapter 258, Florida Statutes,
  312  consisting of section 258.601, is created to read:
  313                               PART IV                             
  314                      MISCELLANEOUS PROVISIONS                     
  315         258.601 Enforcement of prohibited activities.—Prohibited
  316  activities under this chapter shall be enforced by the Division
  317  of Law Enforcement of the Fish and Wildlife Conservation
  318  Commission and its officers.
  319         Section 11. Paragraph (a) of subsection (2) of section
  320  282.709, Florida Statutes, is amended to read:
  321         282.709 State agency law enforcement radio system and
  322  interoperability network.—
  323         (2) The Joint Task Force on State Agency Law Enforcement
  324  Communications is created adjunct to the department to advise
  325  the department of member-agency needs relating to the planning,
  326  designing, and establishment of the statewide communication
  327  system.
  328         (a) The Joint Task Force on State Agency Law Enforcement
  329  Communications shall consist of the following eight members, as
  330  follows:
  331         1. A representative of the Division of Alcoholic Beverages
  332  and Tobacco of the Department of Business and Professional
  333  Regulation who shall be appointed by the secretary of the
  334  department.
  335         2. A representative of the Division of Florida Highway
  336  Patrol of the Department of Highway Safety and Motor Vehicles
  337  who shall be appointed by the executive director of the
  338  department.
  339         3. A representative of the Department of Law Enforcement
  340  who shall be appointed by the executive director of the
  341  department.
  342         4. A representative of the Fish and Wildlife Conservation
  343  Commission who shall be appointed by the executive director of
  344  the commission.
  345         5. A representative of the Division of Law Enforcement of
  346  the Department of Environmental Protection who shall be
  347  appointed by the secretary of the department.
  348         5.6. A representative of the Department of Corrections who
  349  shall be appointed by the secretary of the department.
  350         6.7. A representative of the Division of State Fire Marshal
  351  of the Department of Financial Services who shall be appointed
  352  by the State Fire Marshal.
  353         7.8. A representative of the Department of Transportation
  354  who shall be appointed by the secretary of the department.
  355         Section 12. Subsections (1) and (2) of section 287.0595,
  356  Florida Statutes, are amended to read:
  357         287.0595 Pollution response action contracts; department
  358  and commission rules.—
  359         (1) The Department of Environmental Protection and the Fish
  360  and Wildlife Conservation Commission shall establish, by
  361  adopting administrative rules as provided in chapter 120:
  362         (a) Procedures for determining the qualifications of
  363  responsible potential vendors prior to advertisement for and
  364  receipt of bids, proposals, or replies for pollution response
  365  action contracts, including procedures for the rejection of
  366  unqualified vendors. Response actions are those activities
  367  described in s. 376.301(40) 376.301(39).
  368         (b) Procedures for awarding such contracts to the lowest
  369  responsible and responsive vendor as well as procedures to be
  370  followed in cases in which the department declares a valid
  371  emergency to exist which would necessitate the waiver of the
  372  rules governing the awarding of such contracts to the lowest
  373  responsible and responsive vendor.
  374         (c) Procedures governing payment of contracts.
  375         (d) Procedures to govern negotiations for contracts,
  376  modifications to contract documents, and terms and conditions of
  377  contracts.
  378         (2) In adopting rules under this section, the Department of
  379  Environmental Protection and the Fish and Wildlife Conservation
  380  Commission shall follow the criteria applicable to the
  381  department’s contracting to the maximum extent possible,
  382  consistent with the goals and purposes of each agency pursuant
  383  to ss. 376.307 and 376.3071. For the purposes of this
  384  subsection, the Fish and Wildlife Conservation Commission may
  385  use the rules adopted by the Department of Environmental
  386  Protection.
  387         Section 13. Subsections (3) and (9) of section 316.2397,
  388  Florida Statutes, are amended to read:
  389         316.2397 Certain lights prohibited; exceptions.—
  390         (3) Vehicles of the fire department and fire patrol,
  391  including vehicles of volunteer firefighters as permitted under
  392  s. 316.2398, vehicles of medical staff physicians or technicians
  393  of medical facilities licensed by the state as authorized under
  394  s. 316.2398, ambulances as authorized under this chapter, and
  395  buses and taxicabs as authorized under s. 316.2399 may are
  396  permitted to show or display red lights. Vehicles of the fire
  397  department, fire patrol, police vehicles, and such ambulances
  398  and emergency vehicles of municipal and county departments,
  399  public service corporations operated by private corporations,
  400  the Fish and Wildlife Conservation Commission Department of
  401  Environmental Protection, the Department of Transportation, the
  402  Department of Agriculture and Consumer Services, and the
  403  Department of Corrections as are designated or authorized by
  404  their respective department or the chief of police of an
  405  incorporated city or any sheriff of any county may are hereby
  406  authorized to operate emergency lights and sirens in an
  407  emergency. Wreckers, mosquito control fog and spray vehicles,
  408  and emergency vehicles of governmental departments or public
  409  service corporations may show or display amber lights when in
  410  actual operation or when a hazard exists provided they are not
  411  used going to and from the scene of operation or hazard without
  412  specific authorization of a law enforcement officer or law
  413  enforcement agency. Wreckers must use amber rotating or flashing
  414  lights while performing recoveries and loading on the roadside
  415  day or night, and may use such lights while towing a vehicle on
  416  wheel lifts, slings, or under reach if the operator of the
  417  wrecker deems such lights necessary. A flatbed, car carrier, or
  418  rollback may not use amber rotating or flashing lights when
  419  hauling a vehicle on the bed unless it creates a hazard to other
  420  motorists because of protruding objects. Further, escort
  421  vehicles may show or display amber lights when in the actual
  422  process of escorting overdimensioned equipment, material, or
  423  buildings as authorized by law. Vehicles owned or leased by
  424  private security agencies may show or display green and amber
  425  lights, with either color being no greater than 50 percent of
  426  the lights displayed, while the security personnel are engaged
  427  in security duties on private or public property.
  428         (9) Flashing red lights may be used by emergency response
  429  vehicles of the Fish and Wildlife Conservation Commission
  430  Department of Environmental Protection and the Department of
  431  Health when responding to an emergency in the line of duty.
  432         Section 14. Paragraph (a) of subsection (1) of section
  433  316.640, Florida Statutes, is amended to read:
  434         316.640 Enforcement.—The enforcement of the traffic laws of
  435  this state is vested as follows:
  436         (1) STATE.—
  437         (a)1.a. The Division of Florida Highway Patrol of the
  438  Department of Highway Safety and Motor Vehicles; the Division of
  439  Law Enforcement of the Fish and Wildlife Conservation
  440  Commission; the Division of Law Enforcement of the Department of
  441  Environmental Protection; and the agents, inspectors, and
  442  officers of the Department of Law Enforcement each have
  443  authority to enforce all of the traffic laws of this state on
  444  all the streets and highways thereof and elsewhere throughout
  445  the state wherever the public has a right to travel by motor
  446  vehicle.
  447         b. University police officers may shall have authority to
  448  enforce all of the traffic laws of this state when violations
  449  occur on or within 1,000 feet of any property or facilities that
  450  are under the guidance, supervision, regulation, or control of a
  451  state university, a direct-support organization of such state
  452  university, or any other organization controlled by the state
  453  university or a direct-support organization of the state
  454  university, or when such violations occur within a specified
  455  jurisdictional area as agreed upon in a mutual aid agreement
  456  entered into with a law enforcement agency pursuant to s.
  457  23.1225(1). Traffic laws may also be enforced off-campus when
  458  hot pursuit originates on or within 1,000 feet of any such
  459  property or facilities, or as agreed upon in accordance with the
  460  mutual aid agreement.
  461         c. Community college police officers may shall have the
  462  authority to enforce all the traffic laws of this state only
  463  when such violations occur on any property or facilities that
  464  are under the guidance, supervision, regulation, or control of
  465  the community college system.
  466         d. Police officers employed by an airport authority may
  467  shall have the authority to enforce all of the traffic laws of
  468  this state only when such violations occur on any property or
  469  facilities that are owned or operated by an airport authority.
  470         (I) An airport authority may employ as a parking
  471  enforcement specialist any individual who successfully completes
  472  a training program established and approved by the Criminal
  473  Justice Standards and Training Commission for parking
  474  enforcement specialists but who does not otherwise meet the
  475  uniform minimum standards established by the commission for law
  476  enforcement officers or auxiliary or part-time officers under s.
  477  943.12. Nothing in This sub-sub-subparagraph may not shall be
  478  construed to permit the carrying of firearms or other weapons,
  479  nor shall such parking enforcement specialist have arrest
  480  authority.
  481         (II) A parking enforcement specialist employed by an
  482  airport authority may is authorized to enforce all state,
  483  county, and municipal laws and ordinances governing parking only
  484  when such violations are on property or facilities owned or
  485  operated by the airport authority employing the specialist, by
  486  appropriate state, county, or municipal traffic citation.
  487         e. The Office of Agricultural Law Enforcement of the
  488  Department of Agriculture and Consumer Services may shall have
  489  the authority to enforce traffic laws of this state.
  490         f. School safety officers may shall have the authority to
  491  enforce all of the traffic laws of this state when such
  492  violations occur on or about any property or facilities that
  493  which are under the guidance, supervision, regulation, or
  494  control of the district school board.
  495         2. An agency of the state as described in subparagraph 1.
  496  is prohibited from establishing a traffic citation quota. A
  497  violation of this subparagraph is not subject to the penalties
  498  provided in chapter 318.
  499         3. Any disciplinary action taken or performance evaluation
  500  conducted by an agency of the state as described in subparagraph
  501  1. of a law enforcement officer’s traffic enforcement activity
  502  must be in accordance with written work-performance standards.
  503  Such standards must be approved by the agency and any collective
  504  bargaining unit representing such law enforcement officer. A
  505  violation of this subparagraph is not subject to the penalties
  506  provided in chapter 318.
  507         4. The Division of the Florida Highway Patrol may employ as
  508  a traffic accident investigation officer any individual who
  509  successfully completes instruction in traffic accident
  510  investigation and court presentation through the Selective
  511  Traffic Enforcement Program as approved by the Criminal Justice
  512  Standards and Training Commission and funded through the
  513  National Highway Traffic Safety Administration or a similar
  514  program approved by the commission, but who does not necessarily
  515  meet the uniform minimum standards established by the commission
  516  for law enforcement officers or auxiliary law enforcement
  517  officers under chapter 943. Any such traffic accident
  518  investigation officer who makes an investigation at the scene of
  519  a traffic accident may issue traffic citations, based upon
  520  personal investigation, when he or she has reasonable and
  521  probable grounds to believe that a person who was involved in
  522  the accident committed an offense under this chapter, chapter
  523  319, chapter 320, or chapter 322 in connection with the
  524  accident. This subparagraph does not permit the officer to carry
  525  firearms or other weapons, and such an officer does not have
  526  authority to make arrests.
  527         Section 15. Subsection (4) of section 376.021, Florida
  528  Statutes, is amended to read:
  529         376.021 Legislative intent with respect to pollution of
  530  coastal waters and lands.—
  531         (4) The Legislature intends by the enactment of ss.
  532  376.011-376.21 to exercise the police power of the state by
  533  conferring upon the Fish and Wildlife Conservation Commission
  534  Department of Environmental Protection power to:
  535         (a) Deal with the hazards and threats of danger and damage
  536  posed by such transfers and related activities;
  537         (b) Require the prompt containment and removal of pollution
  538  occasioned thereby; and
  539         (c) Establish a fund to provide for the inspection and
  540  supervision of such activities and guarantee the prompt payment
  541  of reasonable damage claims resulting therefrom.
  542         Section 16. Subsections (5) through (21) of section
  543  376.031, Florida Statutes, are amended to read:
  544         376.031 Definitions; ss. 376.011-376.21.—When used in ss.
  545  376.011-376.21, unless the context clearly requires otherwise,
  546  the term:
  547         (5) “Commission” means the Fish and Wildlife Conservation
  548  Commission.
  549         (6)(5) “Damage” means the documented extent of any
  550  destruction to or loss of any real or personal property, or the
  551  documented extent, pursuant to s. 376.121, of any destruction of
  552  the environment and natural resources, including all living
  553  things except human beings, as the direct result of the
  554  discharge of a pollutant.
  555         (6) “Department” means the Department of Environmental
  556  Protection.
  557         (7) “Director” means the executive director of the Fish and
  558  Wildlife Conservation Commission.
  559         (8)(7) “Discharge” includes, but is not limited to, any
  560  spilling, leaking, seeping, pouring, emitting, emptying, or
  561  dumping which occurs within the territorial limits of the state
  562  or outside the territorial limits of the state and affects lands
  563  and waters within the territorial limits of the state.
  564         (9)(8) “Discharge cleanup organization” means any group,
  565  incorporated or unincorporated, of owners or operators of
  566  waterfront terminal facilities in any port or harbor of the
  567  state, and any other person who may elect to join, organized for
  568  the purpose of containing and cleaning up discharges of
  569  pollutants through cooperative efforts and shared equipment and
  570  facilities. For the purposes of ss. 376.011-376.21, any third
  571  party cleanup contractor or any local government shall be
  572  recognized as a discharge cleanup organization, if provided such
  573  contractor or local government is properly certified by the
  574  commission department.
  575         (10)(9) “Fund” means the Florida Coastal Protection Trust
  576  Fund.
  577         (11)(10) “Marine fueling facility” means a commercial or
  578  recreational coastal facility providing fuel to vessels,
  579  excluding a bulk product facility.
  580         (12)(11) “Operator” means any person operating a terminal
  581  facility or vessel, whether by lease, contract, or other form of
  582  agreement.
  583         (13)(12) “Other measurements” means measurements set by the
  584  commission department for products transferred at terminals
  585  which are other than fluid or which are not commonly measured by
  586  the barrel.
  587         (14)(13) “Owner” means any person owning a terminal
  588  facility or vessel.
  589         (15)(14) “Person” means any individual, partner, joint
  590  venture, corporation; any group of the foregoing, organized or
  591  united for a business purpose; or any governmental entity.
  592         (16)(15) “Person in charge” means the person on the scene
  593  who is in direct, responsible charge of a terminal facility or
  594  vessel from which pollutants are discharged, when the discharge
  595  occurs.
  596         (17)(16) “Pollutants” includes oil of any kind and in any
  597  form, gasoline, pesticides, ammonia, chlorine, and derivatives
  598  thereof, excluding liquefied petroleum gas.
  599         (18)(17) “Pollution” means the presence in the outdoor
  600  atmosphere or waters of the state of any one or more substances
  601  or pollutants in quantities which are or may be potentially
  602  harmful or injurious to human health or welfare, animal or plant
  603  life, or property or which may unreasonably interfere with the
  604  enjoyment of life or property, including outdoor recreation.
  605         (19)(18) “Remove” or “removal” means containment, cleanup,
  606  and removal of oil or a hazardous substance from water and
  607  shorelines or the taking of other actions as may be necessary to
  608  minimize or mitigate damage to the public health or welfare,
  609  including, but not limited to, fish, shellfish, and wildlife,
  610  and public and private property, shorelines, and beaches.
  611         (20)(19) “Removal costs” means the costs of removal that
  612  are incurred after a discharge of oil has occurred or, in any
  613  case in which there is a substantial threat of a discharge of
  614  oil, the costs to prevent, minimize, or mitigate oil pollution
  615  from such an incident.
  616         (21)(20) “Responsible party” means:
  617         (a) Vessels.—In the case of a vessel, any person owning,
  618  operating, or demise-chartering the vessel.
  619         (b) Onshore facilities.—In the case of an onshore facility,
  620  other than a pipeline, any person owning or operating the
  621  facility, except a federal agency, the state or a political
  622  subdivision of the state, a municipality, a commission, or any
  623  interstate body, that, as the owner of the facility, transfers
  624  possession and right to use the property to another person by
  625  lease, assignment, or permit.
  626         (c) Offshore facilities.—In the case of an offshore
  627  facility, other than a pipeline or a deepwater port licensed
  628  under the Deepwater Port Act of 1974, 33 U.S.C. ss. 1501 et
  629  seq., the lessee or permittee of the area in which the facility
  630  is located or the holder of a right of use and easement granted
  631  under applicable state law or the Outer Continental Shelf Lands
  632  Act, 43 U.S.C. ss. 1301-1356, for the area in which the facility
  633  is located, if the holder is a different person than the lessee
  634  or permittee, except a federal agency, the state, a
  635  municipality, a commission, a political subdivision of any
  636  state, or any interstate body, that, as the owner of the
  637  facility, transfers possession and right to use the property to
  638  another person by lease, assignment, or permit.
  639         (d) Deepwater ports.—In the case of a deepwater port
  640  licensed under the Deepwater Port Act of 1974, 33 U.S.C. ss.
  641  1501-1524, the licensee.
  642         (e) Pipelines.—In the case of a pipeline, any person owning
  643  or operating the pipeline.
  644         (f) Abandonment.—In the case of an abandoned vessel,
  645  onshore facility, deepwater port, pipeline, or offshore
  646  facility, the persons who would have been responsible parties
  647  immediately prior to the abandonment of the vessel or facility.
  648         (21) “Secretary” means the Secretary of Environmental
  649  Protection.
  650         Section 17. Section 376.051, Florida Statutes, is amended
  651  to read:
  652         376.051 Powers and duties of the Fish and Wildlife
  653  Conservation Commission Department of Environmental Protection.—
  654         (1) The powers and duties conferred by ss. 376.011-376.21
  655  shall be exercised by the commission department and shall be
  656  deemed to be an essential governmental function in the exercise
  657  of the police power of the state. The commission department may
  658  call upon any other state agency for consultative services and
  659  technical advice and the agencies are directed to cooperate in
  660  such said request.
  661         (2) The powers and duties of the commission department
  662  under ss. 376.011-376.21 shall extend to the boundaries of the
  663  state described in s. 1, Art. II of the State Constitution.
  664         (3) Registration certificates and discharge prevention and
  665  response certificates required under ss. 376.011-376.21 shall be
  666  issued from the commission department subject to such terms and
  667  conditions as are set forth in ss. 376.011-376.21 and as set
  668  forth in rules adopted by the commission department as
  669  authorized herein.
  670         (4) Whenever it becomes necessary for the state to protect
  671  the public interest under ss. 376.011-376.21, it shall be the
  672  duty of the commission department to keep an accurate record of
  673  any sums expended from the fund to meet the goals and duties of
  674  ss. 376.011-376.21 costs and expenses incurred and thereafter
  675  diligently to pursue the recovery of any sums so expended
  676  incurred from the person responsible or from the Government of
  677  the United States under any applicable federal act.
  678         (5) The commission department may bring an action on behalf
  679  of the state to enforce the liabilities imposed by s. 376.12.
  680  The Department of Legal Affairs shall represent the commission
  681  department in any such proceeding.
  682         (6) The commission may use department is specifically
  683  authorized to utilize risk-based cleanup criteria as described
  684  in ss. 376.3071, 376.3078, and 376.81 in conducting cleanups on
  685  lands owned by the state university system.
  686         Section 18. Section 376.065, Florida Statutes, is amended
  687  to read:
  688         376.065 Operation of terminal facility without discharge
  689  prevention and response certificate prohibited; penalty.—
  690         (1) Every owner or operator of a terminal facility shall
  691  obtain a discharge prevention and response certificate issued by
  692  the commission department. Terminal facilities which are
  693  vessels, motor vehicles, rolling stock, pipelines, equipment, or
  694  other related appurtenances may, at the discretion of the owner
  695  or operator, be covered under the discharge prevention and
  696  response certificate of the terminal facility from which they
  697  are located or dispatched. A certificate shall be valid for 12
  698  months after the date of issuance, subject to such terms and
  699  conditions as the commission department may determine are
  700  necessary to carry out the purposes of ss. 376.011-376.21.
  701         (2) Each applicant for a discharge prevention and response
  702  certificate shall submit information, in a form satisfactory to
  703  the commission department, describing the following:
  704         (a) The barrel or other measurement capacity of the
  705  terminal facility and the length of the largest vessel docking
  706  at or providing service from the terminal facility.
  707         (b) All prevention, containment, and removal equipment,
  708  including, but not limited to, vehicles, vessels, pumps,
  709  skimmers, booms, chemicals, and communication devices to which
  710  the facility has access, whether through direct ownership or by
  711  contract or membership in an approved discharge cleanup
  712  organization.
  713         (c) The terms of agreement and the operation plan of any
  714  discharge cleanup organization to which the owner or operator of
  715  the terminal facility belongs.
  716         (3) A No person may not shall operate or cause to be
  717  operated a terminal facility without access to minimum
  718  containment equipment measuring five times the length of the
  719  largest vessel docking at or the largest vessel providing
  720  service from the terminal facility, whichever is larger. The
  721  containment equipment and adequate numbers of trained personnel,
  722  as identified in the federal Oil Pollution Act of 1990 and
  723  related guidelines adopted thereunder, to operate the
  724  containment equipment shall be available to begin deployment on
  725  the water within 1 hour after discovery of the discharge. Within
  726  a reasonable time period, additional cleanup equipment and
  727  trained personnel shall be available, either through direct
  728  ownership or by contract or membership in an approved cleanup
  729  organization, to reasonably clean up 10,000 gallons of
  730  pollutants, unless the terminal facility does not have the
  731  capacity to store that quantity as fuel or cargo and does not
  732  service vessels having the capacity to carry that quantity as
  733  fuel or cargo. The commission department may impose less
  734  stringent requirements for marine fueling facilities. Cleanup or
  735  containment equipment purchased with state funds does shall not
  736  count as required equipment under this section. The requirements
  737  of this section do shall not apply to terminal facilities that
  738  which store only motor fuel, ammonia, or chlorine, or service
  739  only motor fuel to vessels. For purposes of this subsection,
  740  “motor fuel” means gasoline, gasohol, and other mixtures of
  741  gasoline. The exemptions provided by this subsection do not
  742  eliminate any responsibilities arising from the discharge of a
  743  pollutant and for conducting remedial action as required by this
  744  chapter or chapter 403.
  745         (4) Upon a showing of satisfactory containment and cleanup
  746  capability required by the commission department under this
  747  section, the applicant shall be issued a discharge prevention
  748  and response certificate covering the terminal facility and
  749  related appurtenances, including vessels as defined in s.
  750  376.031.
  751         (5)(a) A Any person who violates this section or the terms
  752  and requirements of such certification commits a noncriminal
  753  infraction. The civil penalty for any such infraction shall be
  754  $500, except as otherwise provided in this section.
  755         (b) A Any person cited for an infraction under this section
  756  may:
  757         1. Pay the civil penalty;
  758         2. Post a bond equal to the amount of the applicable civil
  759  penalty; or
  760         2.3. Sign and accept a citation indicating a promise to
  761  appear before the county court.
  762  
  763  The officer authorized to issue these citations may indicate on
  764  the citation the time and location of the scheduled hearing and
  765  shall indicate the applicable civil penalty.
  766         (c) A Any person who willfully refuses to post bond or
  767  accept and sign a citation commits a misdemeanor of the second
  768  degree, punishable as provided in s. 775.082 or s. 775.083.
  769         (d) After compliance with the provisions of subparagraph
  770  (b)2. or subparagraph (b)3., a any person charged with a
  771  noncriminal infraction under this section shall may:
  772         1. pay the civil penalty, either by mail or in person,
  773  within 30 days after the date of receiving the citation; or
  774         2. If the person has posted bond, forfeit the bond by not
  775  appearing at the designated time and location.
  776  
  777  A person cited for an infraction under this section who pays the
  778  civil penalty or forfeits the bond has admitted the infraction
  779  and waives the right to a hearing on the issue of commission of
  780  the infraction. Such admission may not be used as evidence in
  781  any other proceedings.
  782         (e) A Any person who elects to appear before the county
  783  court or who is required to so appear waives the limitations of
  784  the civil penalty specified in paragraph (a). The court, after a
  785  hearing, shall make a determination as to whether an infraction
  786  has been committed. If the commission of the infraction is
  787  proved, the court shall impose a civil penalty of $500.
  788         (f) At a hearing under this subsection, the commission of a
  789  charged infraction must be proved by the greater weight of the
  790  evidence.
  791         (g) A person who is found by the hearing official to have
  792  committed an infraction may appeal that finding to the circuit
  793  court.
  794         (h) A Any person who has not posted bond and who fails
  795  either to pay the fine specified in paragraph (a) within 30 days
  796  after receipt of the citation or to appear before the court
  797  commits a misdemeanor of the second degree, punishable as
  798  provided in s. 775.082 or s. 775.083.
  799         Section 19. Section 376.07, Florida Statutes, is amended to
  800  read:
  801         376.07 Regulatory powers of commission department;
  802  penalties for inadequate booming by terminal facilities.—
  803         (1) The commission department shall adopt rules pursuant to
  804  ss. 120.536(1) and 120.54 to implement ss. 376.011-376.21.
  805         (2) The commission department shall adopt rules including,
  806  but not limited to, the following matters:
  807         (a) Operation and inspection requirements for discharge
  808  prevention, abatement, and cleanup capabilities of terminal
  809  facilities and vessels, and other matters relating to
  810  certification under ss. 376.011-376.21.
  811         (b) Procedures and methods of reporting discharges and
  812  other occurrences prohibited by ss. 376.011-376.21.
  813         (c) Procedures, methods, means, and equipment to be used by
  814  persons subject to regulation by ss. 376.011-376.21 in the
  815  removal of pollutants.
  816         (d) Development and implementation of criteria and plans to
  817  meet pollution occurrences of various degrees and kinds.
  818         (e) Creation by contract or administrative action of a
  819  state response team which shall be responsible for creating and
  820  maintaining a contingency plan of response, organization, and
  821  equipment for handling emergency cleanup operations and wildlife
  822  rescue and rehabilitation operations. The state plans shall
  823  include detailed emergency operating procedures for the state as
  824  a whole, and the team shall from time to time conduct practice
  825  alerts. These plans shall be filed with the Governor and all
  826  Coast Guard stations in the state and Coast Guard captains of
  827  the port having responsibility for enforcement of federal
  828  pollution laws within the state. The contingency plan shall
  829  include all necessary information for the total containment and
  830  cleanup of pollution, including, but not limited to, an
  831  inventory of equipment and its location, a table of organization
  832  with the names, addresses, and telephone numbers of all persons
  833  responsible for implementing every phase of the plan, including
  834  a plan for wildlife rescue and rehabilitation operations, a list
  835  of available sources of supplies necessary for cleanup, and a
  836  designation of priority zones to determine the sequence and
  837  methods of cleanup. The state response team shall act
  838  independently of agencies of the Federal Government but is
  839  directed to cooperate with any federal cleanup operation.
  840         (f) Requirements for minimum weather and sea conditions for
  841  permitting a vessel to enter port and for the safety and
  842  operation of vessels, barges, tugs, motor vehicles, motorized
  843  equipment, and other equipment relating to the use and operation
  844  of terminals, facilities, and refineries, the approach and
  845  departure from terminals, facilities, and refineries, and
  846  requirements that containment gear approved by the commission
  847  department be on hand and maintained by terminal facilities and
  848  refineries with adequate personnel trained in its use.
  849         (g) Requirements that, prior to being granted entry into
  850  any port in this state, the master of a vessel shall report:
  851         1. Any discharges of pollutants the vessel has had since
  852  leaving the last port.
  853         2. Any mechanical problem on the vessel which creates the
  854  possibility of a discharge.
  855         3. Any denial of entry into any port during the current
  856  cruise of the vessel.
  857         (h) Requirements that any terminal facility be subject to a
  858  complete and thorough inspection whenever the terminal facility
  859  causes or permits the discharge of a pollutant in violation of
  860  the provisions of ss. 376.011-376.21, and at other reasonable
  861  times. If the commission department determines there are
  862  unsatisfactory preventive measures or containment and cleanup
  863  capabilities, it shall, within a reasonable time after notice
  864  and hearing in compliance with chapter 120, suspend the
  865  registration until such time as there is compliance with the
  866  commission department requirements.
  867         (3) The commission may department shall not require vessels
  868  to maintain discharge prevention gear, holding tanks, and
  869  containment gear which exceed federal requirements. However, a
  870  terminal facility transferring heavy oil to or from a vessel
  871  with a heavy oil storage capacity greater than 10,000 gallons
  872  shall be required, considering existing weather and tidal
  873  conditions, to adequately boom or seal off the transfer area
  874  during a transfer, including, but not limited to, a bunkering
  875  operation, to minimize the escape of such pollutants from the
  876  containment area. As used in this subsection, the term “adequate
  877  booming” means booming with proper containment equipment which
  878  is employed and located for the purpose of preventing, for the
  879  most likely discharge, as much of the pollutant as possible from
  880  escaping out of the containment area.
  881         (a) The owner or operator of a terminal facility involved
  882  in the transfer of such pollutant to or from a vessel which is
  883  not adequately boomed commits a noncriminal infraction and shall
  884  be cited for such infraction. The civil penalty for such an
  885  infraction shall be $2,500, except as otherwise provided in this
  886  section.
  887         (b) A Any person cited for an infraction under this section
  888  may:
  889         1. Pay the civil penalty;
  890         2. Post bond equal to the amount of the applicable civil
  891  penalty; or
  892         2.3. Sign and accept a citation indicating a promise to
  893  appear before the county court.
  894  
  895  The officer authorized to issue these citations may indicate on
  896  the citation the time and location of the scheduled hearing and
  897  shall indicate the applicable civil penalty.
  898         (c) A Any person who willfully refuses to post bond or
  899  accept and sign a citation commits a misdemeanor of the second
  900  degree, punishable as provided in s. 775.082 or s. 775.083.
  901         (d) After compliance with subparagraph (b)2. or
  902  subparagraph (b)3., a any person charged with a noncriminal
  903  infraction under this section shall may:
  904         1. pay the civil penalty, either by mail or in person,
  905  within 30 days after the date of receiving the citation; or
  906         2. If the person has posted bond, forfeit the bond by not
  907  appearing at the designated time and location.
  908  
  909  A person cited for an infraction under this section who pays the
  910  civil penalty or forfeits the bond has admitted the infraction
  911  and waives the right to a hearing on the issue of commission of
  912  the infraction. Such admission may not be used as evidence in
  913  any other proceedings.
  914         (e) A Any person who elects to appear before the county
  915  court or who is required to appear waives the limitations of the
  916  civil penalty specified in paragraph (a). The issue of whether
  917  an infraction has been committed and the severity of the
  918  infraction shall be determined by a hearing official at a
  919  hearing. If the commission of the infraction is proved by the
  920  greater weight of the evidence, the court shall impose a civil
  921  penalty of $2,500. If the court determines that the owner or
  922  operator of the terminal facility failed to deploy any boom
  923  equipment during such a transfer, including, but not limited to,
  924  a bunkering operation, the civil penalty shall be $5,000.
  925         (f) A person who is found by the hearing official to have
  926  committed an infraction may appeal that finding to the circuit
  927  court.
  928         (g) A Any person who has not posted bond and who fails
  929  either to pay the civil penalty specified in paragraph (a)
  930  within 30 days after receipt of the citation or to appear before
  931  the court commits a misdemeanor of the second degree, punishable
  932  as provided in s. 775.082 or s. 775.083.
  933         Section 20. Section 376.0705, Florida Statutes, is amended
  934  to read:
  935         376.0705 Development of training programs and educational
  936  materials.—The commission department shall encourage the
  937  development of training programs for personnel needed for
  938  pollutant discharge prevention and cleanup activities. The
  939  commission department shall work with accredited community
  940  colleges, career centers, state universities, and private
  941  institutions in developing educational materials, courses of
  942  study, and other such information to be made available for
  943  persons seeking to be trained for pollutant discharge prevention
  944  and cleanup activities.
  945         Section 21. Subsection (1) of section 376.071, Florida
  946  Statutes, is amended to read:
  947         376.071 Discharge contingency plan for vessels.—
  948         (1) A Any vessel operating in state waters with a storage
  949  capacity to carry 10,000 gallons or more of pollutants as fuel
  950  or cargo shall maintain an adequate written ship-specific
  951  discharge prevention and control contingency plan. Any Such
  952  vessel shall have on board a “discharge officer,” designated by
  953  the contingency plan, who is responsible for training crew
  954  members to carry out discharge response efforts required in the
  955  contingency plan and coordinating all on-board response efforts
  956  in case of a discharge. An adequate plan shall include
  957  provisions for on-board response, including notification,
  958  verification, pollutant incident assessment, vessel
  959  stabilization, discharge mitigation, and on-board discharge
  960  containment, in accordance with this chapter, commission
  961  department rules, and the Florida Coastal Pollutant Discharge
  962  Contingency Plan. A plan in compliance with the federal
  963  requirement for a ship-specific discharge contingency plan
  964  satisfies shall satisfy the requirements for an adequate ship
  965  specific discharge contingency plan required by this section.
  966         Section 22. Section 376.09, Florida Statutes, is amended to
  967  read:
  968         376.09 Removal of prohibited discharges.—
  969         (1) A Any person discharging pollutants as prohibited by s.
  970  376.041 shall immediately undertake to contain, remove, and
  971  abate the discharge to the commission’s department’s
  972  satisfaction. Notwithstanding the above requirement, the
  973  commission department may undertake the removal of the discharge
  974  and may contract and retain agents who shall operate under the
  975  direction of the commission department.
  976         (2) If the person causing a discharge, or the person in
  977  charge of facilities at which a discharge has taken place, fails
  978  to act, the commission department may arrange for the removal of
  979  the pollutant, except that if the pollutant was discharged into
  980  or upon the navigable waters of the United States, the
  981  commission department shall act in accordance with the national
  982  contingency plan for removal of such pollutant as established
  983  pursuant to the Federal Water Pollution Control Act, as amended,
  984  or other federal law, and the costs of removal incurred by the
  985  commission department shall be paid in accordance with the
  986  applicable provisions of federal law. Federal funds shall be
  987  used to the maximum extent possible prior to the expenditure of
  988  state funds.
  989         (3) In the event of discharge the source of which is
  990  unknown, any local discharge cleanup organization shall, upon
  991  the request of the commission department or its designee,
  992  immediately contain and remove the discharge. An No action taken
  993  by a any person to contain or remove a discharge, whether such
  994  action is taken voluntarily or at the request of the commission
  995  department or its designee, is not shall be construed as an
  996  admission of liability for the discharge.
  997         (4) A No person who, voluntarily or at the request of the
  998  commission department or its designee, renders assistance in
  999  containing or removing pollutants is not shall be liable for any
 1000  civil damages to third parties resulting solely from acts or
 1001  omissions of such person in rendering such assistance, except
 1002  for acts or omissions amounting to gross negligence or willful
 1003  misconduct.
 1004         (5) Notwithstanding the provisions in subsection (4), any
 1005  person who is authorized by the commission department or the
 1006  Federal Government or the person alleged to be responsible for
 1007  the discharge, or by a designee thereof, to render assistance in
 1008  containing or removing pollutants shall not be liable for costs,
 1009  expenses, and damages, unless such costs, expenses, and damages
 1010  are a proximate result of acts or omissions caused by gross
 1011  negligence or willful misconduct of such authorized person.
 1012         (6) Nothing in ss. 376.011-376.21 affects shall affect the
 1013  right of any person to render assistance in containing or
 1014  removing any pollutant or any rights which that person may have
 1015  against any third party whose acts or omissions in any way have
 1016  caused or contributed to the discharge of the pollutant.
 1017         (7)(a) A Any person, other than the responsible party, who
 1018  renders assistance in containing or removing any pollutant may
 1019  assert a claim against the fund, under s. 376.12, for
 1020  reimbursement of the reasonable costs expended for containment,
 1021  abatement, or removal, provided prior approval for such
 1022  reimbursement is granted by the commission department. The
 1023  commission department may, upon petition and for good cause
 1024  shown, waive the prior-approval prerequisite.
 1025         (b) A responsible party may assert a claim against the fund
 1026  only under the following circumstances:
 1027         1. A responsible party who complies with the requests of
 1028  the state and federal on-scene coordinators and later pleads and
 1029  proves a valid defense under s. 376.12 may assert a claim
 1030  against the fund, pursuant to s. 376.123, for reimbursement of
 1031  the reasonable costs expended for containment, abatement, or
 1032  removal.
 1033         2. A responsible party who complies with the requests of
 1034  the state and federal on-scene coordinators and later pleads and
 1035  proves a valid limitation of liability under s. 376.12 may
 1036  assert a claim against the fund, pursuant to s. 376.123, for
 1037  reimbursement of the reasonable costs expended in excess of the
 1038  applicable limitation of liability.
 1039         3. If the commission department has determined, pursuant to
 1040  s. 376.12(3)(b)2., that a particular request by a state or
 1041  federal on-scene coordinator for the responsible party’s
 1042  cooperation or assistance was unreasonable, the responsible
 1043  party may assert a claim against the fund, pursuant to s.
 1044  376.123, for reimbursement of the costs expended in complying
 1045  with the particular request.
 1046         (8) Notwithstanding any other provision of law, including
 1047  provisions relating to discharge prohibitions or permit
 1048  requirements, the federal on-scene coordinator or the commission
 1049  department may authorize discharges in connection with
 1050  activities related to removal of pollutants that have entered
 1051  the waters of the state.
 1052         Section 23. Section 376.10, Florida Statutes, is amended to
 1053  read:
 1054         376.10 Personnel and equipment.—The commission department
 1055  shall establish and maintain at such ports within the state and
 1056  other places as it shall determine such employees and equipment
 1057  as in its judgment may be necessary to carry out the provisions
 1058  of ss. 376.011-376.21. The commission department may employ and
 1059  prescribe the duties of such employees, subject to the rules and
 1060  regulations of the Department of Management Services. The
 1061  salaries of the employees and the cost of the equipment shall be
 1062  paid from the Florida Coastal Protection Trust Fund established
 1063  by ss. 376.011-376.21. The commission department shall
 1064  periodically consult with other departments of the state
 1065  relative to procedures for the prevention of discharges of
 1066  pollutants into or affecting the coastal waters of the state
 1067  from operations regulated by ss. 376.011-376.21.
 1068         Section 24. Section 376.11, Florida Statutes, is amended to
 1069  read:
 1070         376.11 Florida Coastal Protection Trust Fund.—
 1071         (1) The purpose of this section is to provide a mechanism
 1072  to have financial resources immediately available for prevention
 1073  of, and cleanup and rehabilitation after, a pollutant discharge,
 1074  to prevent further damage by the pollutant, and to pay for
 1075  damages. It is the legislative intent that this section be
 1076  liberally construed to effect the purposes set forth, such
 1077  interpretation being especially imperative in light of the
 1078  danger to the environment and resources.
 1079         (2) The Florida Coastal Protection Trust Fund is
 1080  established, to be used by the department and the Fish and
 1081  Wildlife Conservation commission as a nonlapsing revolving fund
 1082  for carrying out the purposes of ss. 376.011-376.21. To this
 1083  fund shall be credited all registration fees, penalties,
 1084  judgments, damages recovered pursuant to s. 376.121, other fees
 1085  and charges related to ss. 376.011-376.21, and the excise tax
 1086  revenues levied, collected, and credited pursuant to ss.
 1087  206.9935(1) and 206.9945(1)(a). Charges against the fund shall
 1088  be in accordance with this section.
 1089         (3) Moneys in the fund that are not needed currently to
 1090  meet the obligations of the commission department in the
 1091  exercise of its responsibilities under ss. 376.011-376.21 shall
 1092  be deposited with the Chief Financial Officer to the credit of
 1093  the fund and may be invested in such manner as is provided for
 1094  by statute. Interest received on such investment shall be
 1095  credited to the fund, except as otherwise specified herein.
 1096         (4) Moneys in the Florida Coastal Protection Trust Fund
 1097  shall be disbursed for the following purposes and no others:
 1098         (a) Administrative expenses, personnel expenses, and
 1099  equipment costs of the department and the Fish and Wildlife
 1100  Conservation commission related to the enforcement of ss.
 1101  376.011-376.21.
 1102         (b) All costs involved in the prevention and abatement of
 1103  pollution related to the discharge of pollutants covered by ss.
 1104  376.011-376.21 and the abatement of other potential pollution
 1105  hazards as authorized herein.
 1106         (c) All costs and expenses of the cleanup, restoration, and
 1107  rehabilitation of waterfowl, wildlife, and all other natural
 1108  resources damaged by the discharge of pollutants, including the
 1109  costs of assessing and recovering damages to natural resources,
 1110  whether performed or authorized by the commission department or
 1111  any other state or local agency.
 1112         (d) All provable costs and damages which are the proximate
 1113  results of the discharge of pollutants covered by ss. 376.011
 1114  376.21.
 1115         (e) Loans to the Inland Protection Trust Fund created in s.
 1116  376.3071.
 1117         (e)(f) The interest earned from investments of the balance
 1118  in the Florida Coastal Protection Trust Fund shall be used for
 1119  funding the administrative expenses, personnel expenses, and
 1120  equipment costs of the commission department relating to the
 1121  enforcement of ss. 376.011-376.21.
 1122         (f)(g) The funding of a grant program to local governments,
 1123  pursuant to s. 376.15(2)(b) and (c), for the removal of derelict
 1124  vessels from the public waters of the state.
 1125         (g)(h) The commission department may spend up to $1 million
 1126  per year from the principal of the fund to acquire, design,
 1127  train, and maintain emergency cleanup response teams and
 1128  equipment located at appropriate ports throughout the state for
 1129  the purpose of cleaning oil and other toxic materials from
 1130  coastal waters. When the teams and equipment are not needed for
 1131  these purposes they may be used for any other valid purpose of
 1132  the commission department.
 1133         (i) To provide a temporary transfer of funds in an amount
 1134  not to exceed $10 million to the Minerals Trust Fund as set
 1135  forth in s. 376.40.
 1136         (h)(j) Funding for marine law enforcement.
 1137         (5) Any interest in lands acquired using moneys in the
 1138  Florida Coastal Protection Trust Fund shall be held by the
 1139  Trustees of the Internal Improvement Trust Fund, and such lands
 1140  shall be acquired pursuant to the procedures set forth in s.
 1141  253.025.
 1142         (5)(6) The commission department shall recover to the use
 1143  of the fund from the person or persons causing the discharge or
 1144  from the Federal Government, jointly and severally, all sums
 1145  owed or expended from the fund, pursuant to s. 376.123(10),
 1146  except that recoveries resulting from damage due to a discharge
 1147  of a pollutant or other similar disaster shall be apportioned
 1148  between the Florida Coastal Protection Trust Fund and the
 1149  General Revenue Fund so as to repay the full costs to the
 1150  General Revenue Fund of any sums disbursed therefrom as a result
 1151  of such disaster. Requests for reimbursement to the fund for the
 1152  above costs, if not paid within 30 days of demand, shall be
 1153  turned over to the Department of Legal Affairs for collection.
 1154         Section 25. Subsections (3), (6), (7), (8), (10), and (11)
 1155  of section 376.12, Florida Statutes, are amended to read:
 1156         376.12 Liabilities and defenses of responsible parties;
 1157  liabilities of third parties; financial security requirements
 1158  for vessels; liability of cargo owners; notification
 1159  requirements.—
 1160         (3) EXCEPTIONS TO LIMITATION OF LIABILITY.—The provisions
 1161  of subsection (2) do shall not apply when:
 1162         (a) The commission department demonstrates that such
 1163  discharge was the result of willful or gross negligence or
 1164  willful misconduct of, or the violation of an applicable federal
 1165  or state safety, construction, or operating regulation or rule
 1166  by, the responsible party, an agent or employee of the
 1167  responsible party, or a person acting pursuant to a contractual
 1168  relationship with the responsible party, except where the sole
 1169  contractual arrangement arises in connection with carriage by a
 1170  common carrier by rail; or
 1171         (b) The responsible party fails or refuses:
 1172         1. To report the incident as required by law and the
 1173  responsible party knows or has reason to know of the incident;
 1174  or
 1175         2. To provide reasonable cooperation and assistance
 1176  requested by a state or federal on-scene coordinator in
 1177  connection with cleanup activities. The responsible party must
 1178  file an objection with the commission department if such party
 1179  deems that cooperation or assistance requested by a state or
 1180  federal on-scene coordinator is unreasonable. Such an objection
 1181  must be filed with the commission department within 2 working
 1182  days after the request. If such request is determined by the
 1183  commission department to be unreasonable, the responsible party
 1184  may assert a claim against the fund, pursuant to s. 376.123, for
 1185  reimbursement of expenses incurred in carrying out such request.
 1186  The responsible party may not file an objection to a request
 1187  based solely on the premise that the requested activity did not
 1188  have satisfactory results, that the responsible party has
 1189  exceeded the applicable limitation of liability, or that the
 1190  responsible party has a defense to liability.
 1191         (6) ADMINISTRATIVE REMEDIES OF RESPONSIBLE PARTIES.—A
 1192  responsible party that disputes any claim by the commission
 1193  department may request a hearing pursuant to s. 120.57.
 1194         (7) DEFENSES TO LIABILITY.—In any proceeding determining
 1195  claims of the fund or any other claims by the state pursuant to
 1196  ss. 376.011-376.21, it is shall not be necessary for the
 1197  commission department to plead or prove negligence in any form
 1198  or manner. The commission department need only plead and prove
 1199  that the prohibited discharge or other polluting condition
 1200  occurred. The only defenses of a person alleged to be
 1201  responsible for the discharge to an action or proceeding for
 1202  damages or cleanup costs shall be to plead and prove that the
 1203  occurrence was solely the result of any of the following or any
 1204  combination of the following:
 1205         (a) An act of war.
 1206         (b) An act of government, either federal, state, county, or
 1207  municipal.
 1208         (c) An act of God, which means only an unforeseeable act
 1209  exclusively occasioned by the violence of nature without the
 1210  interference of any human agency.
 1211         (d) An act or omission of a third party other than an
 1212  employee or agent of the responsible party or a third party
 1213  whose act or omission occurs in connection with any contractual
 1214  relationship with the responsible party, except where the sole
 1215  contractual arrangement arises in connection with carriage by
 1216  rail,
 1217  
 1218  provided that, to establish entitlement to any of the foregoing
 1219  defenses, the responsible party shall plead and prove that the
 1220  responsible party exercised due care with respect to the
 1221  pollutant concerned, taking into consideration the
 1222  characteristics of the pollutant and in light of all relevant
 1223  facts and circumstances, and took precautions against
 1224  foreseeable acts or omissions of others and the foreseeable
 1225  consequences of those acts or omissions.
 1226         (8) EXCEPTIONS TO DEFENSES.—The defenses provided in
 1227  subsection (7) do shall not apply with respect to a responsible
 1228  party who fails or refuses:
 1229         (a) To report the discharge as required by law, when the
 1230  responsible party knows or has reason to know of the discharge;
 1231  or
 1232         (b) To provide reasonable cooperation and assistance
 1233  requested by a state or federal on-scene coordinator in
 1234  connection with cleanup activities. The responsible party must
 1235  file an objection with the commission department, pursuant to
 1236  subsection (3), if such party deems that cooperation or
 1237  assistance requested by a state or federal on-scene coordinator
 1238  is unreasonable.
 1239         (10) LIABILITY OF CARGO OWNERS.—The owner of a pollutant
 1240  transported as cargo on any vessel suffering a discharge within
 1241  state waters is liable for all cleanup costs within the
 1242  applicable vessel liability limits established under this
 1243  section, not paid for by the owner or operator of the vessel.
 1244  However, the cargo owner is not liable under this subsection if
 1245  the vessel owner, operator, or master is found in compliance
 1246  with the financial security requirements of this section at the
 1247  time of the discharge or fails to provide certified notification
 1248  of the cancellation or withdrawal of financial security to the
 1249  commission department and the cargo owner at least 3 working
 1250  days before the vessel entered state waters.
 1251         (11) NOTIFICATION REQUIREMENTS FOR VESSELS AND TERMINAL
 1252  FACILITIES.—In addition to any civil penalties which may apply,
 1253  any person responsible who fails to give immediate notification
 1254  of a discharge to the commission department or the nearest Coast
 1255  Guard Marine Safety Office or National Response Center commits a
 1256  felony of the third degree, punishable as provided in s.
 1257  775.082, s. 775.083, or s. 775.084. However, a discharge of 5
 1258  gallons or less of gasoline or diesel from a vessel does shall
 1259  not give rise to felony penalties for failure to comply with the
 1260  state notification requirements in this subsection. After
 1261  reporting a discharge, a vessel shall remain in the jurisdiction
 1262  of the commission department until such time as the commission
 1263  department is able to prove financial responsibility for the
 1264  damages resulting from the discharge. The master of a vessel
 1265  that fails to remain in the jurisdiction of the commission
 1266  department for a reasonable time after notice of a discharge
 1267  commits a felony of the third degree, punishable as provided in
 1268  s. 775.082, s. 775.083, or s. 775.084. The commission may
 1269  department shall not detain the vessel longer than 12 hours
 1270  after receiving proof of financial responsibility. The
 1271  commission department shall, by rule, require that the terminal
 1272  facility designate a person at the terminal facility as the
 1273  person in charge of that facility for the purposes specified by
 1274  this section.
 1275         Section 26. Section 376.121, Florida Statutes, is amended
 1276  to read:
 1277         376.121 Liability for damage to natural resources.—The
 1278  Legislature finds that extensive damage to the state’s natural
 1279  resources is the likely result of a pollutant discharge and that
 1280  it is essential that the state adequately assess and recover the
 1281  cost of such damage from responsible parties. It is the state’s
 1282  goal to recover the costs of restoration from the responsible
 1283  parties and to restore damaged natural resources to their
 1284  predischarge condition. In many instances, however, restoration
 1285  is not technically feasible. In such instances, the state has
 1286  the responsibility to its citizens to recover the cost of all
 1287  damage to natural resources. To ensure that the public does not
 1288  bear a substantial loss as a result of the destruction of
 1289  natural resources, the procedures set out in this section shall
 1290  be used to assess the cost of damage to such resources. Natural
 1291  resources include coastal waters, wetlands, estuaries, tidal
 1292  flats, beaches, lands adjoining the seacoasts of the state, and
 1293  all living things except human beings. The Legislature
 1294  recognizes the difficulty historically encountered in
 1295  calculating the value of damaged natural resources. The value of
 1296  certain qualities of the state’s natural resources is not
 1297  readily quantifiable, yet the resources and their qualities have
 1298  an intrinsic value to the residents of the state, and any damage
 1299  to natural resources and their qualities should not be dismissed
 1300  as nonrecoverable merely because of the difficulty in
 1301  quantifying their value. In order to avoid unnecessary
 1302  speculation and expenditure of limited resources to determine
 1303  these values, the Legislature hereby establishes a schedule for
 1304  compensation for damage to the state’s natural resources and the
 1305  quality of such said resources. As an alternative to the
 1306  compensation schedule described in subsections (4), (5), (6),
 1307  and (9), the commission department, when no responsible party is
 1308  identified, when a responsible party opts out of the formula
 1309  pursuant to paragraph (10)(a), or when the commission department
 1310  conducts a cooperative damage assessment with federal agencies,
 1311  may use methods of calculating natural resources damages in
 1312  accordance with federal rules implementing the Oil Pollution Act
 1313  of 1990, as amended.
 1314         (1) The commission department shall assess and recover from
 1315  responsible parties the compensation for the injury or
 1316  destruction of natural resources, including, but not limited to,
 1317  the death or injury of living things and damage to or
 1318  destruction of habitat, resulting from pollutant discharges
 1319  prohibited by s. 376.041. The amount of compensation and any
 1320  costs of assessing damage and recovering compensation received
 1321  by the commission department shall be deposited into the Florida
 1322  Coastal Protection Trust Fund pursuant to s. 376.12 and
 1323  disbursed according to subsection (11). Whoever violates, or
 1324  causes to be violated, s. 376.041 shall be liable to the state
 1325  for damage to natural resources.
 1326         (2) The compensation schedule for damage to natural
 1327  resources is based upon the cost of restoration and the loss of
 1328  ecological, consumptive, intrinsic, recreational, scientific,
 1329  economic, aesthetic, and educational values of such injured or
 1330  destroyed resources. The compensation schedule takes into
 1331  account:
 1332         (a) The volume of the discharge.
 1333         (b) The characteristics of the pollutant discharged. The
 1334  toxicity, dispersibility, solubility, and persistence
 1335  characteristics of a pollutant as affects the severity of the
 1336  effects on the receiving environment, living things, and
 1337  recreational and aesthetic resources. Pollutants have varying
 1338  propensities to injure natural resources based upon their
 1339  potential exposure and effects. Exposure to natural resources is
 1340  determined by the dispersibility and degradability of the
 1341  pollutant. Effects to natural resources result from mechanical
 1342  injury and toxicity and include physical contamination,
 1343  smothering, feeding prevention, immobilization, respiratory
 1344  distress, direct mortality, lost recruitment of larvae and
 1345  juveniles killed, changes in the food web, and chronic effects
 1346  of sublethal levels of contaminates in tissues or the
 1347  environment. For purposes of the compensation schedule,
 1348  pollutants have been ranked for their propensity to cause injury
 1349  to natural resources based upon a combination of their acute
 1350  toxicity, mechanical injury, degradability, and dispersibility
 1351  characteristics on a 1-to-3 relative scale with Category 1
 1352  containing the pollutants with the greatest propensity to cause
 1353  injury to natural resources. The following pollutants are
 1354  categorized:
 1355         1. Category 1: bunker and residual fuel.
 1356         2. Category 2: waste oils, crude oil, lubricating oil,
 1357  asphalt, and tars.
 1358         3. Category 3: hydraulic fluids, numbers 1 and 2 diesel
 1359  fuels, heating oil, jet aviation fuels, motor gasoline,
 1360  including aviation gasoline, kerosene, stationary turbine fuels,
 1361  ammonia and its derivatives, and chlorine and its derivatives.
 1362  
 1363  The commission department shall adopt rules establishing the
 1364  pollutant category of pesticides and other pollutants as defined
 1365  in s. 376.031 and not listed in this paragraph.
 1366         (c) The type and sensitivity of natural resources affected
 1367  by a discharge, determined by the following factors:
 1368         1. The location of a discharge. Inshore discharges are
 1369  discharges that occur within waters under the jurisdiction of
 1370  the commission department and within an area extending seaward
 1371  from the coastline of the state to a point 1 statute mile
 1372  seaward of the coastline. Nearshore discharges are discharges
 1373  that occur more than 1 statute mile, but within 3 statute miles,
 1374  seaward of the coastline. Offshore discharges are discharges
 1375  that occur more than 3 statute miles seaward of the coastline.
 1376         2. The location of the discharge with respect to special
 1377  management areas designated because of their unique habitats;
 1378  living resources; recreational use; aesthetic importance; and
 1379  other ecological, educational, consumptive, intrinsic,
 1380  scientific, and economic values of the natural resources located
 1381  therein. Special management areas are state parks; recreation
 1382  areas; national parks, seashores, estuarine research reserves,
 1383  marine sanctuaries, wildlife refuges, and national estuary
 1384  program water bodies; state aquatic preserves and reserves;
 1385  classified shellfish harvesting areas; areas of critical state
 1386  concern; federally designated critical habitat for endangered or
 1387  threatened species; and outstanding Florida waters.
 1388         3. The areal or linear extent of the natural resources
 1389  impacted.
 1390         (3) Compensation for damage to natural resources for any
 1391  discharge of less than 25 gallons of gasoline or diesel fuel
 1392  shall be $50.
 1393         (4) Compensation schedule:
 1394         (a) The amount of compensation assessed under this schedule
 1395  is calculated by: multiplying $1 per gallon or its equivalent
 1396  measurement of pollutant discharged, by the number of gallons or
 1397  its equivalent measurement, times the location of the discharge
 1398  factor, times the special management area factor.
 1399         (b) Added to the amount obtained in paragraph (a) is the
 1400  value of the observable natural resources damaged, which is
 1401  calculated by multiplying the areal or linear coverage of
 1402  impacted habitat by the corresponding habitat factor, times the
 1403  special management area factor.
 1404         (c) The sum of paragraphs (a) and (b) is then multiplied by
 1405  the pollutant category factor.
 1406         (d) The final damage assessment figure is the sum of the
 1407  amount calculated in paragraph (c) plus the compensation for
 1408  death of endangered or threatened species, plus the cost of
 1409  conducting the damage assessment as determined by the commission
 1410  department.
 1411         (5)(a) The factors used in calculating the damage
 1412  assessment are:
 1413         1. Location of discharge factor:
 1414         a. Discharges that originate inshore have a factor of
 1415  eight. Discharges that originate nearshore have a factor of
 1416  five. Discharges that originate offshore have a factor of one.
 1417         b. Compensation for damage to natural resources resulting
 1418  from discharges that originate outside of state waters but that
 1419  traverse the state’s boundaries and therefore have an impact
 1420  upon the state’s natural resources shall be calculated using a
 1421  location factor of one.
 1422         c. Compensation for damage to natural resources resulting
 1423  from discharges of less than 10,000 gallons of pollutants which
 1424  originate within 100 yards of an established terminal facility
 1425  or point of routine pollutant transfer in a designated port
 1426  authority as defined in s. 315.02 shall be assessed a location
 1427  factor of one.
 1428         2. Special management area factor: Discharges that
 1429  originate in special management areas described in subparagraph
 1430  (2)(c)2. have a factor of two. Discharges that originate outside
 1431  a special management area described in subparagraph (2)(c)2.
 1432  have a location factor of one. For discharges that originate
 1433  outside of a special management area but impact the natural
 1434  resources within a special management area, the value of the
 1435  natural resources damaged within the area shall be multiplied by
 1436  the special management area factor of two.
 1437         3. Pollutant category factor: Discharges of category 1
 1438  pollutants have a factor of eight. Discharges of category 2
 1439  pollutants have a factor of four. Discharges of category 3
 1440  pollutants have a factor of one.
 1441         4. Habitat factor: The amount of compensation for damage to
 1442  the natural resources of the state is established as follows:
 1443         a. $10 per square foot of coral reef impacted.
 1444         b. $1 per square foot of mangrove or seagrass impacted.
 1445         c. $1 per linear foot of sandy beach impacted.
 1446         d. $0.50 per square foot of live bottom, oyster reefs, worm
 1447  rock, perennial algae, saltmarsh, or freshwater tidal marsh
 1448  impacted.
 1449         e. $0.05 per square foot of sand bottom or mud flats, or
 1450  combination thereof, impacted.
 1451         (b) The areal and linear coverage of habitat impacted shall
 1452  be determined by the commission department using a combination
 1453  of field measurements, aerial photogrammetry, and satellite
 1454  imagery. An area is impacted when the pollutant comes in contact
 1455  with the habitat.
 1456         (6) It is understood that a pollutant will, by its very
 1457  nature, result in damage to the flora and fauna of the waters of
 1458  the state and the adjoining land. Therefore, compensation for
 1459  such resources, which is difficult to calculate, is included in
 1460  the compensation schedule. Not included, however, in this base
 1461  figure is compensation for the death of endangered or threatened
 1462  species directly attributable to the pollutant discharged.
 1463  Compensation for the death of any animal designated by rule as
 1464  endangered by the Fish and Wildlife Conservation commission is
 1465  $10,000. Compensation for the death of any animal designated by
 1466  rule as threatened by the Fish and Wildlife Conservation
 1467  commission is $5,000. These amounts are not intended to reflect
 1468  the actual value of such said endangered or threatened species,
 1469  but are included for the purposes of this section.
 1470         (7) The owner or operator of the vessel or facility
 1471  responsible for a discharge may designate a representative or
 1472  agent to work with the commission department in assessing the
 1473  amount of damage to natural resources resulting from the
 1474  discharge.
 1475         (8) When assessing the amount of damages to natural
 1476  resources, the commission department shall be assisted, if
 1477  requested by the commission department, by representatives of
 1478  other state agencies and local governments that would enhance
 1479  the commission’s department’s damage assessment. The Fish and
 1480  Wildlife Conservation commission shall assess assist the
 1481  department in the assessment of damages to wildlife impacted by
 1482  a pollutant discharge and shall recover assist the department in
 1483  recovering the costs of such damages.
 1484         (9) Compensation for damage resulting from the discharge of
 1485  two or more pollutants shall be calculated for the volume of
 1486  each pollutant discharged. If the separate volume for each
 1487  pollutant discharged cannot be determined, the highest
 1488  multiplier for the pollutants discharged shall be applied to the
 1489  entire volume of the spill. Compensation for commingled
 1490  discharges that contact habitat shall be calculated on a
 1491  proportional basis of discharged volumes. The highest multiplier
 1492  for such commingled pollutants may only be applied if a
 1493  reasonable proportionality of the commingled pollutants cannot
 1494  be determined at the point of any contact with natural
 1495  resources.
 1496         (10) For cases in which the commission department is
 1497  authorized to use a method of natural resources damage
 1498  assessment other than the compensation schedules described in
 1499  subsections (4), (5), (6), and (9), the commission department
 1500  may use the methods described in federal rules implementing the
 1501  Oil Pollution Act of 1990, as amended.
 1502         (a) When a responsible party is identified and the
 1503  commission department is not conducting a cooperative damage
 1504  assessment with federal agencies, the person responsible has the
 1505  option to pay the amount of compensation calculated pursuant to
 1506  the compensation schedule established in subsection (4) or pay
 1507  the amount determined by a damage assessment performed by the
 1508  commission department. If the person responsible for the
 1509  discharge elects to have a damage assessment performed, then
 1510  such person shall notify the commission department in writing of
 1511  such decision within 30 days after identification of the
 1512  discharge by the commission department. The decision to have a
 1513  damage assessment performed to determine compensation for a
 1514  discharge shall be final; the person responsible for a discharge
 1515  may not later elect to use the compensation schedule for
 1516  computing compensation. Failure to make such notice shall result
 1517  in the amount of compensation for the total damage to natural
 1518  resources being calculated based on the compensation schedule.
 1519  The compensation shall be paid within 90 days after receipt of a
 1520  written request from the commission department.
 1521         (b) In the event the person responsible for a discharge
 1522  elects to have a damage assessment performed, such said person
 1523  shall pay to the commission department an amount equal to the
 1524  compensation calculated pursuant to subsection (4) for the
 1525  discharge using the lesser of the volume of the discharge or a
 1526  volume of 30,000 gallons. The payment shall be made within 90
 1527  days after receipt of a written request from the commission
 1528  department.
 1529         (c) After completion of the damage assessment, the
 1530  commission department shall advise the person responsible for
 1531  the discharge of the amount of compensation due to the
 1532  commission state. A credit shall be given for the amount paid
 1533  pursuant to paragraph (b). Payment shall be made within 90 days
 1534  after receipt of a written request from the commission
 1535  department.
 1536         (11)(a) Moneys recovered by the commission department as
 1537  compensation for damage to natural resources shall be expended
 1538  only for the following purposes:
 1539         1. To the maximum extent practicable, the restoration of
 1540  natural resources damaged by the discharge for which
 1541  compensation is paid.
 1542         2. Restoration of damaged resources.
 1543         3. Developing restoration and enhancement techniques for
 1544  natural resources.
 1545         4. Investigating methods for improving and refining
 1546  techniques for containment, abatement, and removal of pollutants
 1547  from the environment, especially from mangrove forests, corals,
 1548  seagrasses, benthic communities, rookeries, nurseries, and other
 1549  habitats which are unique to Florida’s coastal environment.
 1550         5. Developing and updating the “Sensitivity of Coastal
 1551  Environments and Wildlife to Spilled Oil in Florida” atlas.
 1552         6. Investigating the long-term effects of pollutant
 1553  discharges on natural resources, including pelagic organisms,
 1554  critical habitats, and marine ecosystems.
 1555         7. Developing an adequate wildlife rescue and
 1556  rehabilitation program.
 1557         8. Expanding and enhancing the state’s pollution prevention
 1558  and control education program.
 1559         9. Restoring natural resources previously impacted by
 1560  pollutant discharges, but never completely restored.
 1561         10. Funding alternative projects selected by the commission
 1562  Board of Trustees of the Internal Improvement Trust Fund. Any
 1563  such project shall be selected on the basis of its anticipated
 1564  benefits to the marine natural resources available to the
 1565  residents of this state who previously benefited from the
 1566  injured or destroyed nonrestorable natural resources.
 1567         (b) All interest earned from investment of moneys recovered
 1568  by the commission department for damage to natural resources
 1569  shall be expended only for the activities described in paragraph
 1570  (a).
 1571         (c) The person or parties responsible for a discharge for
 1572  which the commission department has requested compensation for
 1573  damage pursuant to this section shall pay the commission
 1574  department, within 90 days after receipt of the request, the
 1575  entire amount due to the commission state. In the event that
 1576  payment is not made within the 90 days, the person or parties
 1577  are liable for interest on the outstanding balance, which
 1578  interest shall be calculated at the rate prescribed under s.
 1579  55.03.
 1580         (12) Any determination or assessment of damage to natural
 1581  resources for the purposes of this section by the commission
 1582  department in accordance with the compensation sections or in
 1583  accordance with the rules adopted under subsection (10) shall
 1584  have the force and effect of rebuttable presumption on behalf of
 1585  the commission department in any administrative or judicial
 1586  proceeding.
 1587         (13) There shall be no double recovery under this law for
 1588  natural resource damage resulting from a discharge, including
 1589  the costs of damage assessment or restoration, rehabilitation,
 1590  replacement, or acquisition for the same incident and natural
 1591  resource. The commission department shall meet with and develop
 1592  memoranda of understanding with appropriate federal trustees as
 1593  defined in Pub. L. No. 101-380 (Oil Pollution Act of 1990) to
 1594  provide further assurances of no double recovery.
 1595         (14) The commission department shall adopt rules necessary
 1596  or convenient for carrying out the duties, obligations, powers,
 1597  and responsibilities set forth in this section.
 1598         Section 27. Subsections (2), (3), (4), (5), (8), (9), and
 1599  (10) of section 376.123, Florida Statutes, are amended to read:
 1600         376.123 Claims against the Florida Coastal Protection Trust
 1601  Fund.—
 1602         (2)(a) Whenever the commission department has designated a
 1603  vessel or terminal facility as a source of a moderate or major
 1604  discharge, all claims for cleanup costs or damages under ss.
 1605  376.011-376.21 shall be presented first to the responsible party
 1606  for the designated source, pursuant to paragraph (b), before
 1607  they may be presented to the fund.
 1608         (b) If a responsible party fails to inform the commission
 1609  department, within 5 days after receiving notification of a
 1610  designation under paragraph (a), of the party’s denial of the
 1611  designation, such party shall advertise the designation and the
 1612  procedures by which claims may be presented, in accordance with
 1613  commission department rules. Advertisement shall begin no later
 1614  than 15 days after the date the commission department has made
 1615  the designation. If advertisement is not otherwise made in
 1616  accordance with this paragraph, the commission department shall
 1617  promptly and at the expense of the responsible party advertise
 1618  the designation and the procedures by which claims may be
 1619  presented to the responsible party.
 1620         (c) If a claim is presented in accordance with paragraph
 1621  (b) and:
 1622         1. Each party who has been alleged to be the responsible
 1623  party and to whom the claim has been presented denies all
 1624  liability for the claim; or
 1625         2. Full and adequate payment of the claim for cleanup costs
 1626  and damages is not made by the responsible party within 90 days
 1627  after the claim is presented or the advertisement is begun,
 1628  whichever is later,
 1629  
 1630  the claimant may present the claim to the fund.
 1631         (3) A Any person who is eligible under s. 376.09 may assert
 1632  a claim against the Florida Coastal Protection Trust Fund for
 1633  reimbursement of cleanup costs, provided that:
 1634         (a) Such claim is presented within 180 days of completion
 1635  of the person’s assistance with cleanup. The director secretary
 1636  may, upon petition and for good cause shown, waive the
 1637  prescribed time period for filing cleanup claims. The prescribed
 1638  time period shall be tolled during pendency of the claimant’s
 1639  claim against a responsible party pursuant to subsection (2),
 1640  until the time specified in paragraph (2)(c).
 1641         (b) The claimant shall provide the commission department
 1642  with the required documentation concerning amounts expended for
 1643  cleanup costs. The commission department shall prescribe
 1644  appropriate forms and other requirements for such claims.
 1645         (4) A Any person claiming to have suffered damages, as
 1646  defined in s. 376.031, excluding natural resource damages, as a
 1647  result of a discharge of pollutants prohibited by s. 376.041
 1648  may, within 180 days after the date of such discharge, apply to
 1649  the commission department for reimbursement from the Florida
 1650  Coastal Protection Trust Fund. It shall be the responsibility of
 1651  the claimant to provide the commission department with the
 1652  required documentation concerning the damages suffered as a
 1653  direct result of the discharge. The commission department shall
 1654  prescribe appropriate forms and requirements for such
 1655  application, which application shall include a provision
 1656  requiring the applicant to make a sworn verification of the
 1657  damage claimed to the best of the applicant’s knowledge. The
 1658  director secretary of the department may, upon petition and for
 1659  good cause shown, waive the 180-day limitation for filing damage
 1660  claims. The prescribed time period shall be tolled during
 1661  pendency of the claimant’s claim against a responsible party
 1662  pursuant to subsection (2), until the time specified in
 1663  paragraph (2)(c).
 1664         (5) The director secretary shall establish the amount to be
 1665  awarded and shall certify the amount of the award and the name
 1666  of the claimant to the Chief Financial Officer, who shall pay
 1667  the award from the fund, subject to the provisions of subsection
 1668  (12). If the claimant agrees with the established amount of
 1669  award, the settlement shall be binding upon both parties as to
 1670  all issues and cannot be further attacked, collaterally or by
 1671  separate action, in the future.
 1672         (8) If a person chooses to make a claim against the fund
 1673  and accepts payment from, or a judgment against, the fund, then
 1674  the commission department shall be subrogated to any cause of
 1675  action that the claimant may have had, to the extent of such
 1676  payment or judgment, and shall diligently pursue recovery on
 1677  that cause of action pursuant to subsection (10) and s.
 1678  376.11(5) 376.11(6). In any such action, the amount of damages
 1679  shall be proved by the commission department by submitting to
 1680  the court a written report of the amounts paid or owed from the
 1681  fund to claimants. Such written report shall be admissible as
 1682  evidence, and the amounts paid from or owed by the fund to the
 1683  claimants stated therein shall be irrebuttably presumed to be
 1684  the amount of damages.
 1685         (9) The commission department shall be a necessary party to
 1686  all administrative hearings and court proceedings under this
 1687  section.
 1688         (10) It shall be the duty of the commission department in
 1689  administering the fund to pursue diligently the reimbursement to
 1690  the fund of any sum expended from the fund for, and any other
 1691  state moneys not budgeted for but expended for, cleanup,
 1692  abatement, and damages in accordance with the provisions of ss.
 1693  376.011-376.21.
 1694         Section 28. Subsection (1) of section 376.14, Florida
 1695  Statutes, is amended to read:
 1696         376.14 Vessels; financial responsibility; claims against
 1697  providers of financial responsibility; service of process
 1698  against responsible parties.—
 1699         (1) Each owner or operator of a terminal facility or
 1700  vessel, including any barge, using any port in Florida shall be
 1701  required to establish and maintain evidence of financial
 1702  responsibility pursuant to federal laws and regulations. Such
 1703  evidence of financial responsibility shall be the only evidence
 1704  required by the commission department that such registrant or
 1705  vessel has the ability to meet the liabilities which may be
 1706  incurred under ss. 376.011-376.21.
 1707         Section 29. Paragraph (a) of subsection (2) of section
 1708  376.15, Florida Statutes, is amended to read:
 1709         376.15 Derelict vessels; removal from public waters.—
 1710         (2)(a) The Fish and Wildlife Conservation commission and
 1711  its officers and all law enforcement officers as specified in s.
 1712  327.70 are authorized and empowered to remove any derelict
 1713  vessel as defined in s. 823.11(1) from public waters. All costs
 1714  incurred by the commission or other law enforcement agency in
 1715  the removal of any abandoned or derelict vessel shall be
 1716  recoverable against the owner of the vessel. The Department of
 1717  Legal Affairs shall represent the commission in such actions.
 1718         Section 30. Subsections (1) through (6) and subsection (11)
 1719  of section 376.16, Florida Statutes, are amended to read:
 1720         376.16 Enforcement and penalties.—
 1721         (1) It is unlawful for a any person to violate any
 1722  provision of ss. 376.011-376.21 or any rule or order of the
 1723  commission department made pursuant to ss. 376.011-376.21 this
 1724  act. Violation shall be punishable by a civil penalty of up to
 1725  $50,000 per violation per day to be assessed by the commission
 1726  department. Each day during any portion of which the violation
 1727  occurs constitutes a separate offense. The penalty provisions of
 1728  this subsection do shall not apply to any discharge promptly
 1729  reported and removed by a person responsible, in accordance with
 1730  the rules and orders of the commission department, or to any
 1731  discharge of pollutants equal to or less than 5 gallons.
 1732         (2) In addition to the penalty provisions which may apply
 1733  under subsection (1), a person responsible for two or more
 1734  discharges of any pollutant reported pursuant to s. 376.12
 1735  within a 12-month period at the same facility commits a
 1736  noncriminal infraction and shall be cited by the commission
 1737  department for such infraction.
 1738         (a) For discharges of gasoline or diesel over 5 gallons,
 1739  the civil penalty for the second discharge shall be $500 and the
 1740  civil penalty for each subsequent discharge within a 12-month
 1741  period shall be $1,000, except as otherwise provided in this
 1742  section.
 1743         (b) For discharges of any pollutant other than gasoline or
 1744  diesel, the civil penalty for a second discharge shall be $2,500
 1745  and the civil penalty for each subsequent discharge within a 12
 1746  month period shall be $5,000, except as otherwise provided in
 1747  this section.
 1748         (3) A person responsible for two or more discharges of any
 1749  pollutant reported pursuant to s. 376.12 within a 12-month
 1750  period at the same facility commits a noncriminal infraction and
 1751  shall be cited by the commission department for such infraction.
 1752         (a) For discharges of gasoline or diesel equal to or less
 1753  than 5 gallons, the civil penalty shall be $50 for each
 1754  discharge subsequent to the first.
 1755         (b) For discharges of pollutants other than gasoline or
 1756  diesel equal to or less than 5 gallons, the civil penalty shall
 1757  be $100 for each discharge subsequent to the first.
 1758         (4) A Any person charged with a noncriminal infraction
 1759  pursuant to subsection (2) or subsection (3) may:
 1760         (a) Pay the civil penalty;
 1761         (b) Post a bond equal to the amount of the applicable civil
 1762  penalty; or
 1763         (b)(c) Sign and accept a citation indicating a promise to
 1764  appear before the county court.
 1765  
 1766  The officer authorized to issue these citations may indicate on
 1767  the citation the time and location of the scheduled hearing and
 1768  shall indicate the applicable civil penalty.
 1769         (5) A Any person who willfully refuses to post bond or
 1770  accept and sign a citation commits a misdemeanor of the second
 1771  degree, punishable as provided in s. 775.082 or s. 775.083.
 1772         (6) After compliance with paragraph (4)(b) or paragraph
 1773  (4)(c), a any person charged with a noncriminal infraction under
 1774  subsection (2) or subsection (3) shall may:
 1775         (a) pay the civil penalty, either by mail or in person,
 1776  within 30 days after the date of receiving the citation; or
 1777         (b) If the person has posted bond, forfeit the bond by not
 1778  appearing at the designated time and location.
 1779  
 1780  A person cited for an infraction under this section who pays the
 1781  civil penalty or forfeits the bond has admitted the infraction
 1782  and waives the right to a hearing on the issue of commission of
 1783  the infraction. Such admission may not be used as evidence in
 1784  any other proceeding.
 1785         (11) A Any person who has not paid posted bond and who
 1786  neither pays the applicable civil penalty, as specified in
 1787  subsection (2) or subsection (3) within 30 days of receipt of
 1788  the citation nor appears before the court commits a misdemeanor
 1789  of the second degree, punishable as provided in s. 775.082 or s.
 1790  775.083.
 1791         Section 31. Section 376.19, Florida Statutes, is amended to
 1792  read:
 1793         376.19 County and municipal ordinances; powers limited.
 1794  Nothing in ss. 376.011-376.21 may shall be construed to deny any
 1795  county or municipality authority to exercise police powers by
 1796  ordinance or law under any general or special act, and laws and
 1797  ordinances promulgated in furtherance of the intent of ss.
 1798  376.011-376.21 to promote the general welfare, public health,
 1799  and public safety shall be valid unless in direct conflict with
 1800  the provisions of ss. 376.011-376.21 or any rule, regulation, or
 1801  order of the commission department adopted under authority of
 1802  ss. 376.011-376.21. However, in order to avoid unnecessary
 1803  duplication, no county, municipality, or other political
 1804  subdivision of the state may adopt or establish a similar
 1805  program of licensing and fees for the accomplishment of the
 1806  purposes of ss. 376.011-376.21.
 1807         Section 32. Subsection (3) of section 376.30, Florida
 1808  Statutes, is amended, subsections (4) and (5) are renumbered as
 1809  subsections (5) and (6), respectively, and a new subsection (4)
 1810  is added to that section, to read:
 1811         376.30 Legislative intent with respect to pollution of
 1812  surface and ground waters.—
 1813         (3) The Legislature intends by the enactment of ss. 376.30
 1814  376.317 to exercise the police power of the state by conferring
 1815  upon the Department of Environmental Protection the power to:
 1816         (a) Deal with the environmental and health hazards and
 1817  threats of danger and damage posed by such storage,
 1818  transportation, disposal, and related activities that are
 1819  neither imminent nor immediate;
 1820         (b) Require the prompt containment and removal of products
 1821  occasioned thereby; and
 1822         (c) Establish a program which will enable the department
 1823  to:
 1824         1. Provide for expeditious restoration or replacement of
 1825  potable water systems or potable private wells of affected
 1826  persons where health hazards exist due to contamination from
 1827  pollutants (which may include provision of bottled water on a
 1828  temporary basis, after which a more stable and convenient source
 1829  of potable water shall be provided) and hazardous substances,
 1830  subject to the following conditions:
 1831         a. For the purposes of this subparagraph, the term
 1832  “restoration” means restoration of a contaminated potable water
 1833  supply to a level which meets applicable water quality standards
 1834  or applicable water quality criteria, as adopted by rule, for
 1835  the contaminant or contaminants present in the water supply, or,
 1836  where no such standards or criteria have been adopted, to a
 1837  level that is determined to be a safe, potable level by the
 1838  State Health Officer in the Department of Health, through the
 1839  installation of a filtration system and provision of replacement
 1840  filters as necessary or through employment of repairs or another
 1841  treatment method or methods designed to remove or filter out
 1842  contamination from the water supply; and the term “replacement”
 1843  means replacement of a well or well field or connection to an
 1844  alternative source of safe, potable water.
 1845         b. For the purposes of the Inland Protection Trust Fund and
 1846  the drycleaning facility restoration funds in the Water Quality
 1847  Assurance Trust Fund as provided in s. 376.3078, such
 1848  restoration or replacement shall take precedence over other uses
 1849  of the unobligated moneys within the fund after payment of
 1850  amounts appropriated annually from the Inland Protection Trust
 1851  Fund for payments under any service contract entered into by the
 1852  department pursuant to s. 376.3075.
 1853         c. Funding for activities described in this subparagraph
 1854  may shall not exceed $10 million for any one county for any one
 1855  year, other than for the provision of bottled water.
 1856         d. Funding for activities described in this subparagraph
 1857  may shall not be used available to fund any increase in the
 1858  capacity of a potable water system or potable private well over
 1859  the capacity that which existed prior to such restoration or
 1860  replacement, unless such increase is the result of the use of a
 1861  more cost-effective alternative than other alternatives
 1862  available.
 1863         2. Provide for the inspection and supervision of activities
 1864  described in this subsection.
 1865         3. Guarantee the prompt payment of reasonable costs
 1866  resulting therefrom, including those administrative costs
 1867  incurred by the Department of Health in providing field and
 1868  laboratory services, toxicological risk assessment, and other
 1869  services to the department in the investigation of drinking
 1870  water contamination complaints.
 1871         (4) The Legislature intends by the enactment of ss. 376.30
 1872  376.317 to exercise the power of the state by conferring upon
 1873  the Fish and Wildlife Conservation Commission the power to:
 1874         (a) Deal with the environmental and health hazards and
 1875  threats of danger and damage posed by such storage,
 1876  transportation, and disposal of pollutants and hazardous
 1877  substances and related activities that are imminent and
 1878  immediate; and
 1879         (b) Require the prompt containment and removal of products
 1880  occasioned thereby.
 1881         Section 33. Subsections (9) through (17) of section
 1882  376.301, Florida Statutes, are renumbered as subsections (10)
 1883  through (18), respectively, present subsection (18) is
 1884  renumbered as subsection (51), present subsection (50) is
 1885  renumbered as subsection (26), present subsections (26) through
 1886  (49) are renumbered as subsections (27) through (50),
 1887  respectively, and a new subsection (9) is added to that section,
 1888  to read:
 1889         376.301 Definitions of terms used in ss. 376.30-376.317,
 1890  376.70, and 376.75.—When used in ss. 376.30-376.317, 376.70, and
 1891  376.75, unless the context clearly requires otherwise, the term:
 1892         (9) “Commission” means the Fish and Wildlife Conservation
 1893  Commission.
 1894         Section 34. Paragraph (i) of subsection (1) of section
 1895  376.303, Florida Statutes, is amended to read:
 1896         376.303 Powers and duties of the Department of
 1897  Environmental Protection.—
 1898         (1) The department has the power and the duty to:
 1899         (i) Keep an accurate record of any sums expended from the
 1900  Water Quality Assurance Trust Fund the costs and expenses
 1901  incurred for the removal of prohibited discharges and, except as
 1902  otherwise provided by law, thereafter diligently pursue the
 1903  recovery of any sums so expended incurred from the person
 1904  responsible or from the United States Government under any
 1905  applicable federal act, unless the department finds the amount
 1906  involved too small or the likelihood of recovery too uncertain.
 1907         Section 35. Section 376.3031, Florida Statutes, is created
 1908  to read:
 1909         376.3031 Powers and duties of the Fish and Wildlife
 1910  Conservation Commission.—
 1911         (1) The commission has the power to undertake the removal
 1912  of a pollutant discharge prohibited by ss. 376.30-376.317 and
 1913  may contract and retain agents who shall operate under the
 1914  direction of the commission.
 1915         (2) The commission may expend funds from the Water Quality
 1916  Assurance Trust Fund for the removal of prohibited discharges
 1917  and shall keep an accurate record of any sums so expended and,
 1918  except as otherwise provided by law, thereafter diligently
 1919  pursue the recovery of any sums so expended from the person
 1920  responsible or from the United States Government under any
 1921  applicable federal act, unless the commission finds the amount
 1922  involved too small or the likelihood of recovery too uncertain.
 1923         (3) The powers and duties of the commission under ss.
 1924  376.30-376.317 shall extend to the boundaries of the state
 1925  described in s. 1, Art. II of the State Constitution.
 1926         (4) The commission may require a property owner to provide
 1927  site access for activities associated with contamination
 1928  assessment or remedial action. This section does not prohibit an
 1929  action by the property owner to compel restoration of the
 1930  property or to recover damages from the person responsible for
 1931  the polluting condition requiring assessment or remedial action
 1932  activities.
 1933         (5) The commission may use and enforce any administrative
 1934  rule adopted by any agency pursuant to ss. 376.30-376.317.
 1935         Section 36. Subsections (1), (2), (3), and (4) of section
 1936  376.305, Florida Statutes, are amended to read:
 1937         376.305 Removal of prohibited discharges.—
 1938         (1) Any person discharging a pollutant as prohibited by ss.
 1939  376.30-376.317 shall immediately undertake to contain, remove,
 1940  and abate the discharge to the satisfaction of the department or
 1941  commission. However, such an undertaking to contain, remove, or
 1942  abate a discharge may shall not be deemed an admission of
 1943  responsibility for the discharge by the person taking such
 1944  action. Notwithstanding this requirement, the department or
 1945  commission may undertake the removal of the discharge and may
 1946  contract and retain agents who shall operate under the direction
 1947  of the department or commission.
 1948         (2) If the person causing the discharge, or the person in
 1949  charge of facilities at which the discharge has taken place,
 1950  fails to act immediately, the department or commission may
 1951  arrange for the removal of the pollutant; except that, if the
 1952  pollutant was discharged into or upon the navigable waters of
 1953  the United States, the department or commission shall act in
 1954  accordance with the national contingency plan for removal of
 1955  such pollutant as established pursuant to the Federal Water
 1956  Pollution Control Act, as amended, and the costs of removal
 1957  incurred by the department or the commission shall be paid in
 1958  accordance with the applicable provisions of that law. Federal
 1959  funds provided under that act shall be used to the maximum
 1960  extent possible prior to the expenditure of state funds.
 1961         (3) An No action taken by a any person to contain or remove
 1962  a discharge, whether such action is taken voluntarily or at the
 1963  request of the department or commission or their designees its
 1964  designee, is not shall be construed as an admission of liability
 1965  for the discharge.
 1966         (4) A No person who, voluntarily or at the request of the
 1967  department or commission or their designees its designee,
 1968  renders assistance in containing or removing any pollutant is
 1969  not shall be liable for any civil damages to third parties
 1970  resulting solely from the acts or omissions of such person in
 1971  rendering such assistance, except for acts or omissions
 1972  amounting to gross negligence or willful misconduct.
 1973         Section 37. Paragraph (a) of subsection (4) and subsections
 1974  (5) and (7) of section 376.307, Florida Statutes, are amended to
 1975  read:
 1976         376.307 Water Quality Assurance Trust Fund.—
 1977         (4) The trust fund shall be funded as follows:
 1978         (a) An annual transfer of interest funds from the Florida
 1979  Coastal Protection Trust Fund pursuant to s. 376.11(4)(e)
 1980  376.11(4)(f).
 1981         (5) Except as otherwise provided by law, the department or
 1982  commission shall recover to the use of the fund from a person or
 1983  persons at any time causing or having caused the discharge or
 1984  from the Federal Government, jointly and severally, all sums
 1985  owed or expended from the fund, pursuant to s. 376.308, except
 1986  that the department or commission may decline to pursue such
 1987  recovery if it finds the amount involved too small or the
 1988  likelihood of recovery too uncertain. A recovery of sums
 1989  expended by the department from such person or persons or from
 1990  the Federal Government does not preclude the commission from
 1991  pursuing recovery of sums it also expended from the same party
 1992  or vice versa. Sums recovered as a result of damage due to
 1993  discharge of a pollutant or other similar disaster shall be
 1994  apportioned between the fund and the General Revenue Fund so as
 1995  to repay the full costs to the General Revenue Fund of any sums
 1996  disbursed therefrom as a result of such disaster. Any request
 1997  for reimbursement to the fund for such costs, if not paid within
 1998  30 days of demand, shall be turned over to the department or
 1999  commission, as applicable, for collection.
 2000         (7) Except as otherwise provided by law, the department or
 2001  commission, in administering the fund, shall diligently pursue
 2002  the reimbursement to the fund of any sum expended from the fund
 2003  in accordance with this section for cleanup and abatement,
 2004  unless the department or commission finds the amount involved
 2005  too small or the likelihood of recovery too uncertain. For the
 2006  purposes of s. 95.11, the limitation period within which to
 2007  institute an action to recover such sums commences on the last
 2008  date on which any such sums were expended, and not the date that
 2009  the discharge occurred.
 2010         Section 38. Subsection (1) of section 376.308, Florida
 2011  Statutes, is amended to read:
 2012         376.308 Liabilities and defenses of facilities.—
 2013         (1) In any suit instituted by the department or commission
 2014  under ss. 376.30-376.317, it is not necessary to plead or prove
 2015  negligence in any form or matter. The department or commission
 2016  need only plead and prove that the prohibited discharge or other
 2017  polluting condition has occurred. The following persons shall be
 2018  liable to the department or commission for any discharges or
 2019  polluting condition:
 2020         (a) Any person who caused a discharge or other polluting
 2021  condition or who owned or operated the facility, or the
 2022  stationary tanks or the nonresidential location which
 2023  constituted the facility, at the time the discharge occurred.
 2024         (b) In the case of a discharge of hazardous substances, all
 2025  persons specified in s. 403.727(4).
 2026         (c) In the case of a discharge of petroleum, petroleum
 2027  products, or drycleaning solvents, the owner of the facility,
 2028  the drycleaning facility, or the wholesale supply facility,
 2029  unless the owner can establish that he or she acquired title to
 2030  property contaminated by the activities of a previous owner or
 2031  operator or other third party, that he or she did not cause or
 2032  contribute to the discharge, and that he or she did not know of
 2033  the polluting condition at the time the owner acquired title. If
 2034  the owner acquired title subsequent to July 1, 1992, or, in the
 2035  case of a drycleaning facility or wholesale supply facility,
 2036  subsequent to July 1, 1994, he or she must also establish by a
 2037  preponderance of the evidence that he or she undertook, at the
 2038  time of acquisition, all appropriate inquiry into the previous
 2039  ownership and use of the property consistent with good
 2040  commercial or customary practice in an effort to minimize
 2041  liability. The court or hearing officer shall take into account
 2042  any specialized knowledge or experience on the part of the
 2043  defendant, the relationship of the purchase price to the value
 2044  of the property if uncontaminated, commonly known or reasonably
 2045  ascertainable information about the property, the obviousness of
 2046  the presence or likely presence of contamination at the
 2047  property, and the ability to detect such contamination by
 2048  appropriate inspection. In an action relating to a discharge of
 2049  petroleum, petroleum products, or drycleaning solvents under
 2050  chapter 403, the defenses and definitions set forth herein shall
 2051  apply.
 2052         Section 39. Section 379.3311, Florida Statutes, is amended
 2053  to read:
 2054         379.3311 Police powers of commission and its agents.—
 2055         (1) The Fish and Wildlife Conservation commission, the
 2056  executive director and the executive director’s assistants
 2057  designated by her or him, and each wildlife officer are
 2058  constituted peace officers with the power to make arrests for
 2059  violations of the laws of this state when committed in the
 2060  presence of the officer or when committed on lands under the
 2061  supervision and management of the commission, the department, or
 2062  the Department of Agriculture and Consumer Services, including
 2063  state parks, coastal and aquatic managed areas, and greenways
 2064  and trails. The general laws applicable to arrests by peace
 2065  officers of this state shall also be applicable to such said
 2066  director, assistants, and wildlife officers. Such persons may
 2067  enter upon any land or waters of the state for performance of
 2068  their lawful duties and may take with them any necessary
 2069  equipment, and such entry does shall not constitute a trespass.
 2070         (2) Such officers shall have power and authority to enforce
 2071  throughout the state all laws relating to game, nongame birds,
 2072  fish, and fur-bearing animals and all rules and regulations of
 2073  the Fish and Wildlife Conservation commission relating to wild
 2074  animal life, marine life, and freshwater aquatic life, and in
 2075  connection with said laws, rules, and regulations, in the
 2076  enforcement thereof and in the performance of their duties
 2077  thereunder, to:
 2078         (a) Go upon all premises, posted or otherwise;
 2079         (b) Execute warrants and search warrants for the violation
 2080  of such said laws;
 2081         (c) Serve subpoenas issued for the examination,
 2082  investigation, and trial of all offenses against such said laws;
 2083         (d) Carry firearms or other weapons, concealed or
 2084  otherwise, in the performance of their duties;
 2085         (e) Arrest upon probable cause without warrant any person
 2086  found in the act of violating any such of the provisions of said
 2087  laws or, in pursuit immediately following such violations, to
 2088  examine any person, boat, conveyance, vehicle, game bag, game
 2089  coat, or other receptacle for wild animal life, marine life, or
 2090  freshwater aquatic life, or any camp, tent, cabin, or roster, in
 2091  the presence of any person stopping at or belonging to such
 2092  camp, tent, cabin, or roster, when such said officer has reason
 2093  to believe, and has exhibited her or his authority and stated to
 2094  the suspected person in charge the officer’s reason for
 2095  believing, that any of the aforesaid laws have been violated at
 2096  such camp;
 2097         (f) Secure and execute search warrants and in pursuance
 2098  thereof to enter any building, enclosure, or car and to break
 2099  open, when found necessary, any apartment, chest, locker, box,
 2100  trunk, crate, basket, bag, package, or container and examine the
 2101  contents thereof; and
 2102         (g) Seize and take possession of all wild animal life,
 2103  marine life, or freshwater aquatic life taken or in possession
 2104  or under control of, or shipped or about to be shipped by, any
 2105  person at any time in any manner contrary to such said laws.
 2106         (3) It is unlawful for any person to resist an arrest
 2107  authorized by this section or in any manner to interfere, either
 2108  by abetting, assisting such resistance, or otherwise interfering
 2109  with such said executive director, assistants, or wildlife
 2110  officers while engaged in the performance of the duties imposed
 2111  upon them by law or regulation of the Fish and Wildlife
 2112  Conservation commission or the department.
 2113         (4) Upon final disposition of any alleged offense for which
 2114  a citation for any violation of this chapter or the rules of the
 2115  commission has been issued, the court shall, within 10 days
 2116  after the final disposition of the action, certify the
 2117  disposition to the commission.
 2118         Section 40. Section 379.3312, Florida Statutes, is amended
 2119  to read:
 2120         379.3312 Powers of arrest by agents of Department of
 2121  Environmental Protection or Fish and Wildlife Conservation
 2122  commission.—Any certified law enforcement officer of the
 2123  Department of Environmental Protection or the Fish and Wildlife
 2124  Conservation commission, upon receiving information, relayed to
 2125  her or him from any law enforcement officer stationed on the
 2126  ground, on the water, or in the air, that a driver, operator, or
 2127  occupant of any vehicle, boat, or airboat has violated any
 2128  section of chapter 327, chapter 328, or this chapter, or s.
 2129  597.010 or s. 597.020, may arrest the driver, operator, or
 2130  occupant for violation of such said laws when reasonable and
 2131  proper identification of the vehicle, boat, or airboat and
 2132  reasonable and probable grounds to believe that the driver,
 2133  operator, or occupant has committed or is committing any such
 2134  offense have been communicated to the arresting officer by the
 2135  other officer stationed on the ground, on the water, or in the
 2136  air.
 2137         Section 41. Subsection (1) of section 379.3313, Florida
 2138  Statutes, is amended to read:
 2139         379.3313 Powers of commission law enforcement officers.—
 2140         (1) Law enforcement officers of the commission are
 2141  constituted law enforcement officers of this state with full
 2142  power to investigate and arrest for any violation of the laws of
 2143  this state and the rules of the commission, the department, and
 2144  the Department of Agriculture and Consumer Services under their
 2145  jurisdiction. The general laws applicable to arrests by peace
 2146  officers of this state shall also be applicable to law
 2147  enforcement officers of the commission. Such law enforcement
 2148  officers may enter upon any land or waters of the state for
 2149  performance of their lawful duties and may take with them any
 2150  necessary equipment, and such entry will not constitute a
 2151  trespass. It is lawful for any boat, motor vehicle, or aircraft
 2152  owned or chartered by the commission or its agents or employees
 2153  to land on and depart from any of the beaches or waters of the
 2154  state. Such law enforcement officers have the authority, without
 2155  warrant, to board, inspect, and search any boat, fishing
 2156  appliance, storage or processing plant, fishhouse, spongehouse,
 2157  oysterhouse, or other warehouse, building, or vehicle engaged in
 2158  transporting or storing any fish or fishery products. Such
 2159  authority to search and inspect without a search warrant is
 2160  limited to those cases in which such law enforcement officers
 2161  have reason to believe that fish or any saltwater products are
 2162  taken or kept for sale, barter, transportation, or other
 2163  purposes in violation of laws or rules adopted promulgated under
 2164  this law. Any Such law enforcement officers officer may at any
 2165  time seize or take possession of any saltwater products or
 2166  contraband which have been unlawfully caught, taken, or
 2167  processed or which are unlawfully possessed or transported in
 2168  violation of any of the laws of this state or any rule of the
 2169  commission. Such law enforcement officers may arrest any person
 2170  in the act of violating any of the provisions of this law, the
 2171  rules of the commission, or any of the laws of this state. It is
 2172  hereby declared unlawful for a any person to resist such arrest
 2173  or in any manner interfere, either by abetting or assisting such
 2174  resistance or otherwise interfering, with any such law
 2175  enforcement officer while engaged in the performance of the
 2176  duties imposed upon him or her by law or rule of the commission.
 2177         Section 42. Subsections (1) and (2) of section 379.333,
 2178  Florida Statutes, are amended to read:
 2179         379.333 Arrest by officers of the Fish and Wildlife
 2180  Conservation commission; recognizance; cash bond; citation.—
 2181         (1) In all cases of arrest by officers of the Fish and
 2182  Wildlife Conservation commission and the Department of
 2183  Environmental Protection, the person arrested shall be delivered
 2184  forthwith by such said officer to the sheriff of the county, or
 2185  shall obtain from such person arrested a recognizance or, if
 2186  deemed necessary, a cash bond or other sufficient security
 2187  conditioned for her or his appearance before the proper tribunal
 2188  of such county to answer the charge for which the person has
 2189  been arrested.
 2190         (2) All officers of the commission shall and the department
 2191  are hereby directed to deliver all bonds accepted and approved
 2192  by them to the sheriff of the county in which the offense is
 2193  alleged to have been committed.
 2194         Section 43. Subsection (1) of section 379.341, Florida
 2195  Statutes, is amended to read:
 2196         379.341 Disposition of illegal fishing devices; exercise of
 2197  police power.—
 2198         (1) In all cases of arrest and conviction for use of
 2199  illegal nets or traps or fishing devices, as provided in this
 2200  chapter, such illegal net, trap, or fishing device is declared
 2201  to be a nuisance and shall be seized and carried before the
 2202  court having jurisdiction of such offense and such said court
 2203  shall order such illegal trap, net, or fishing device forfeited
 2204  to the commission immediately after trial and conviction of the
 2205  person in whose possession they were found. When any illegal
 2206  net, trap, or fishing device is found in the fresh waters of the
 2207  state, and its the owner is of same shall not be known to the
 2208  officer finding it the same, such officer shall immediately
 2209  procure from the county court judge an order forfeiting such
 2210  said illegal net, trap, or fishing device to the commission. The
 2211  commission may destroy such illegal net, trap, or fishing
 2212  device, if in its judgment such said net, trap, or fishing
 2213  device is not of value in the work of the commission department.
 2214         Section 44. Subsection (2) of section 403.413, Florida
 2215  Statutes, is reordered and amended to read:
 2216         403.413 Florida Litter Law.—
 2217         (2) DEFINITIONS.—As used in this section:
 2218         (f)(a) “Litter” means any garbage; rubbish; trash; refuse;
 2219  can; bottle; box; container; paper; tobacco product; tire;
 2220  appliance; mechanical equipment or part; building or
 2221  construction material; tool; machinery; wood; motor vehicle or
 2222  motor vehicle part; vessel; aircraft; farm machinery or
 2223  equipment; sludge from a waste treatment facility, water supply
 2224  treatment plant, or air pollution control facility; or substance
 2225  in any form resulting from domestic, industrial, commercial,
 2226  mining, agricultural, or governmental operations.
 2227         (h)(b) “Person” means any individual, firm, sole
 2228  proprietorship, partnership, corporation, or unincorporated
 2229  association.
 2230         (e)(c) “Law enforcement officer” means any officer of the
 2231  Florida Highway Patrol, a county sheriff’s department, a
 2232  municipal law enforcement department, a law enforcement
 2233  department of any other political subdivision, the department,
 2234  or the Fish and Wildlife Conservation Commission. In addition,
 2235  and solely for the purposes of this section, “law enforcement
 2236  officer” means any employee of a county or municipal park or
 2237  recreation department designated by the department head as a
 2238  litter enforcement officer.
 2239         (a)(d) “Aircraft” means a motor vehicle or other vehicle
 2240  that is used or designed to fly but does not include a parachute
 2241  or any other device used primarily as safety equipment.
 2242         (b)(e) “Commercial purpose” means for the purpose of
 2243  economic gain.
 2244         (c)(f) “Commercial vehicle” means a vehicle that is owned
 2245  or used by a business, corporation, association, partnership, or
 2246  sole proprietorship or any other entity conducting business for
 2247  a commercial purpose.
 2248         (d)(g) “Dump” means to dump, throw, discard, place,
 2249  deposit, or dispose of.
 2250         (g)(h) “Motor vehicle” means an automobile, motorcycle,
 2251  truck, trailer, semitrailer, truck tractor, or semitrailer
 2252  combination or any other vehicle that is powered by a motor.
 2253         (i) “Vessel” means a boat, barge, or airboat or any other
 2254  vehicle used for transportation on water.
 2255         Section 45. Subsections (6) through (43) of section
 2256  403.703, Florida Statutes, are renumbered as subsections (7)
 2257  through (44), respectively, present subsection (32) is amended,
 2258  and a new subsection (6) is added to that section, to read:
 2259         403.703 Definitions.—As used in this part, the term:
 2260         (6) “Commission” means the Fish and Wildlife Conservation
 2261  Commission.
 2262         (33)(32) “Solid waste” means sludge unregulated under the
 2263  federal Clean Water Act or Clean Air Act, sludge from a waste
 2264  treatment works, water supply treatment plant, or air pollution
 2265  control facility, or garbage, rubbish, refuse, special waste, or
 2266  other discarded material, including solid, liquid, semisolid, or
 2267  contained gaseous material resulting from domestic, industrial,
 2268  commercial, mining, agricultural, or governmental operations.
 2269  Recovered materials as defined in subsection (25) (24) are not
 2270  solid waste.
 2271         Section 46. Subsections (21) and (22) of section 403.704,
 2272  Florida Statutes, are renumbered as subsections (20) and (21),
 2273  respectively, and present subsection (20) of that section is
 2274  amended to read:
 2275         403.704 Powers and duties of the department.—The department
 2276  shall have responsibility for the implementation and enforcement
 2277  of this act. In addition to other powers and duties, the
 2278  department shall:
 2279         (20) Institute a hazardous waste emergency response program
 2280  which would include emergency telecommunication capabilities and
 2281  coordination with appropriate agencies.
 2282         Section 47. Section 403.7041, Florida Statutes, is created
 2283  to read:
 2284         403.7041 Powers and duties of the commission.—The
 2285  commission shall institute a hazardous waste emergency response
 2286  program, which includes emergency telecommunication
 2287  capabilities, and coordination with appropriate agencies. The
 2288  commission may adopt rules, delegate its powers, enter into
 2289  contracts, or take such other actions as may be necessary to
 2290  implement this section.
 2291         Section 48. Paragraph (a) of subsection (1) and subsection
 2292  (4) of section 403.727, Florida Statutes, are amended to read:
 2293         403.727 Violations; defenses, penalties, and remedies.—
 2294         (1) It is unlawful for any hazardous waste generator,
 2295  transporter, or facility owner or operator to:
 2296         (a) Fail to comply with the provisions of this act or
 2297  departmental or commission rules or orders;
 2298         (4) In addition to any other liability under this chapter,
 2299  and subject only to the defenses set forth in subsections (5),
 2300  (6), and (7):
 2301         (a) The owner and operator of a facility;
 2302         (b) A Any person who at the time of disposal of any
 2303  hazardous substance owned or operated any facility at which such
 2304  hazardous substance was disposed of;
 2305         (c) A Any person who, by contract, agreement, or otherwise,
 2306  arranged for disposal or treatment, or arranged with a
 2307  transporter for transport for disposal or treatment, of
 2308  hazardous substances owned or possessed by such person or by any
 2309  other party or entity at any facility owned or operated by
 2310  another party or entity and containing such hazardous
 2311  substances; and
 2312         (d) A Any person who accepts or has accepted any hazardous
 2313  substances for transport to disposal or treatment facilities or
 2314  sites selected by such person,
 2315  
 2316  is liable for all costs of removal or remedial action incurred
 2317  by the department or commission under this section and damages
 2318  for injury to, destruction of, or loss of natural resources,
 2319  including the reasonable costs of assessing such injury,
 2320  destruction, or loss resulting from the release or threatened
 2321  release of a hazardous substance as defined in the Comprehensive
 2322  Environmental Response, Compensation, and Liability Act of 1980,
 2323  Pub. L. No. 96-510.
 2324         Section 49. Paragraph (d) of subsection (1) of section
 2325  784.07, Florida Statutes, is amended to read:
 2326         784.07 Assault or battery of law enforcement officers,
 2327  firefighters, emergency medical care providers, public transit
 2328  employees or agents, or other specified officers;
 2329  reclassification of offenses; minimum sentences.—
 2330         (1) As used in this section, the term:
 2331         (d) “Law enforcement officer” includes a law enforcement
 2332  officer, a correctional officer, a correctional probation
 2333  officer, a part-time law enforcement officer, a part-time
 2334  correctional officer, an auxiliary law enforcement officer, and
 2335  an auxiliary correctional officer, as those terms are
 2336  respectively defined in s. 943.10, and any county probation
 2337  officer; an employee or agent of the Department of Corrections
 2338  who supervises or provides services to inmates; an officer of
 2339  the Parole Commission; a federal law enforcement officer as
 2340  defined in s. 901.1505; and law enforcement personnel of the
 2341  Fish and Wildlife Conservation Commission, the Department of
 2342  Environmental Protection, or the Department of Law Enforcement.
 2343         Section 50. Section 843.08, Florida Statutes, is amended to
 2344  read:
 2345         843.08 Falsely personating officer, etc.—A person who
 2346  falsely assumes or pretends to be a sheriff, officer of the
 2347  Florida Highway Patrol, officer of the Fish and Wildlife
 2348  Conservation Commission, officer of the Department of
 2349  Environmental Protection, officer of the Department of
 2350  Transportation, officer of the Department of Financial Services,
 2351  officer of the Department of Corrections, correctional probation
 2352  officer, deputy sheriff, state attorney or assistant state
 2353  attorney, statewide prosecutor or assistant statewide
 2354  prosecutor, state attorney investigator, coroner, police
 2355  officer, lottery special agent or lottery investigator, beverage
 2356  enforcement agent, or watchman, or any member of the Parole
 2357  Commission and any administrative aide or supervisor employed by
 2358  the commission, or any personnel or representative of the
 2359  Department of Law Enforcement, or a federal law enforcement
 2360  officer as defined in s. 901.1505, and takes upon himself or
 2361  herself to act as such, or to require any other person to aid or
 2362  assist him or her in a matter pertaining to the duty of any such
 2363  officer, commits a felony of the third degree, punishable as
 2364  provided in s. 775.082, s. 775.083, or s. 775.084; however, a
 2365  person who falsely personates any such officer during the course
 2366  of the commission of a felony commits a felony of the second
 2367  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2368  775.084; except that if the commission of the felony results in
 2369  the death or personal injury of another human being, the person
 2370  commits a felony of the first degree, punishable as provided in
 2371  s. 775.082, s. 775.083, or s. 775.084.
 2372         Section 51. Section 870.04, Florida Statutes, is amended to
 2373  read:
 2374         870.04 Specified officers to disperse riotous assembly.—If
 2375  any number of persons, whether armed or not, are unlawfully,
 2376  riotously or tumultuously assembled in any county, city or
 2377  municipality, the sheriff or the sheriff’s deputies, or the
 2378  mayor, or any commissioner, council member, alderman or police
 2379  officer of the said city or municipality, or any officer or
 2380  member of the Florida Highway Patrol, or any officer or agent of
 2381  the Fish and Wildlife Conservation Commission, Department of
 2382  Environmental Protection, or beverage enforcement agent, any
 2383  personnel or representatives of the Department of Law
 2384  Enforcement or its successor, or any other peace officer, shall
 2385  go among the persons so assembled, or as near to them as may be
 2386  with safety, and shall in the name of the state command all the
 2387  persons so assembled immediately and peaceably to disperse; and
 2388  if such persons do not thereupon immediately and peaceably
 2389  disperse, such said officers shall command the assistance of all
 2390  such persons in seizing, arresting and securing such persons in
 2391  custody; and if any person present being so commanded to aid and
 2392  assist in seizing and securing such rioter or persons so
 2393  unlawfully assembled, or in suppressing such riot or unlawful
 2394  assembly, refuses or neglects to obey such command, or, when
 2395  required by such officers to depart from the place, refuses and
 2396  neglects to do so, the person shall be deemed one of the rioters
 2397  or persons unlawfully assembled, and may be prosecuted and
 2398  punished accordingly.
 2399         Section 52. Paragraphs (c) through (n) of subsection (6) of
 2400  section 932.7055, Florida Statutes, are redesignated as
 2401  paragraphs (b) through (m), respectively, and present paragraph
 2402  (b) of that subsection is amended to read:
 2403         932.7055 Disposition of liens and forfeited property.—
 2404         (6) If the seizing agency is a state agency, all remaining
 2405  proceeds shall be deposited into the General Revenue Fund.
 2406  However, if the seizing agency is:
 2407         (b) The Department of Environmental Protection, the
 2408  proceeds accrued pursuant to the provisions of the Florida
 2409  Contraband Forfeiture Act shall be deposited into the Internal
 2410  Improvement Trust Fund.
 2411         Section 53. Subsection (2) of section 171.205, Florida
 2412  Statutes, is amended to read:
 2413         171.205 Consent requirements for annexation of land under
 2414  this part.—Notwithstanding part I, an interlocal service
 2415  boundary agreement may provide a process for annexation
 2416  consistent with this section or with part I.
 2417         (2) If the area to be annexed includes a privately owned
 2418  solid waste disposal facility as defined in s. 403.703(34)
 2419  403.703(33) which receives municipal solid waste collected
 2420  within the jurisdiction of multiple local governments, the
 2421  annexing municipality must set forth in its plan the effects
 2422  that the annexation of the solid waste disposal facility will
 2423  have on the other local governments. The plan must also indicate
 2424  that the owner of the affected solid waste disposal facility has
 2425  been contacted in writing concerning the annexation, that an
 2426  agreement between the annexing municipality and the solid waste
 2427  disposal facility to govern the operations of the solid waste
 2428  disposal facility if the annexation occurs has been approved,
 2429  and that the owner of the solid waste disposal facility does not
 2430  object to the proposed annexation.
 2431         Section 54. Subsection (69) of section 316.003, Florida
 2432  Statutes, is amended to read:
 2433         316.003 Definitions.—The following words and phrases, when
 2434  used in this chapter, shall have the meanings respectively
 2435  ascribed to them in this section, except where the context
 2436  otherwise requires:
 2437         (69) HAZARDOUS MATERIAL.—Any substance or material which
 2438  has been determined by the secretary of the United States
 2439  Department of Transportation to be capable of imposing an
 2440  unreasonable risk to health, safety, and property. This term
 2441  includes hazardous waste as defined in s. 403.703(14)
 2442  403.703(13).
 2443         Section 55. Subsection (4) of section 376.40, Florida
 2444  Statutes, is amended to read:
 2445         376.40 Petroleum exploration and production; purposes;
 2446  funding.—
 2447         (4) FUNDING.—There shall be deposited in the Minerals Trust
 2448  Fund:
 2449         (a) All fees charged permittees under ss. 377.24(1),
 2450  377.2408(1), and 377.2425(1)(b).
 2451         (b) All penalties, judgments, recoveries, reimbursements,
 2452  and other fees and charges related to the implementation of this
 2453  section.
 2454         (c) Any other funds required to be deposited in the trust
 2455  fund under provisions of law.
 2456  
 2457  If moneys on deposit in the trust fund are not sufficient to
 2458  satisfy the needed remedial or corrective action, and if the
 2459  responsible party does not take remedial and corrective action
 2460  in a timely manner or if a catastrophic event occurs, a
 2461  temporary transfer of the required amount, or a maximum of $10
 2462  million, from the Florida Coastal Protection Trust Fund pursuant
 2463  to s. 376.11(4)(i) is authorized. The Florida Coastal Protection
 2464  Trust Fund shall be reimbursed immediately upon deposit into the
 2465  Minerals Trust Fund of moneys referred to in paragraph (b).
 2466         Section 56. Paragraph (f) of subsection (2) of section
 2467  377.709, Florida Statutes, is amended to read:
 2468         377.709 Funding by electric utilities of local governmental
 2469  solid waste facilities that generate electricity.—
 2470         (2) DEFINITIONS.—As used in this section, the term:
 2471         (f) “Solid waste facility” means a facility owned or
 2472  operated by, or on behalf of, a local government for the purpose
 2473  of disposing of solid waste, as that term is defined in s.
 2474  403.703(33) 403.703(32), by any process that produces heat and
 2475  incorporates, as a part of the facility, the means of converting
 2476  heat to electrical energy in amounts greater than actually
 2477  required for the operation of the facility.
 2478         Section 57. Paragraph (j) of subsection (9) of section
 2479  403.707, Florida Statutes, is amended to read:
 2480         403.707 Permits.—
 2481         (9) The department shall establish a separate category for
 2482  solid waste management facilities that accept only construction
 2483  and demolition debris for disposal or recycling. The department
 2484  shall establish a reasonable schedule for existing facilities to
 2485  comply with this section to avoid undue hardship to such
 2486  facilities. However, a permitted solid waste disposal unit that
 2487  receives a significant amount of waste prior to the compliance
 2488  deadline established in this schedule shall not be required to
 2489  be retrofitted with liners or leachate control systems.
 2490         (j) The Legislature recognizes that recycling, waste
 2491  reduction, and resource recovery are important aspects of an
 2492  integrated solid waste management program and as such are
 2493  necessary to protect the public health and the environment. If
 2494  necessary to promote such an integrated program, the county may
 2495  determine, after providing notice and an opportunity for a
 2496  hearing prior to April 30, 2008, that some or all of the
 2497  material described in s. 403.703(7)(b) 403.703(6)(b) shall be
 2498  excluded from the definition of “construction and demolition
 2499  debris” in s. 403.703(7) 403.703(6) within the jurisdiction of
 2500  such county. The county may make such a determination only if it
 2501  finds that, prior to June 1, 2007, the county has established an
 2502  adequate method for the use or recycling of such wood material
 2503  at an existing or proposed solid waste management facility that
 2504  is permitted or authorized by the department on June 1, 2007.
 2505  The county is not required to hold a hearing if the county
 2506  represents that it previously has held a hearing for such
 2507  purpose, or if the county represents that it previously has held
 2508  a public meeting or hearing that authorized such method for the
 2509  use or recycling of trash or other nonputrescible waste
 2510  materials and that such materials include those materials
 2511  described in s. 403.703(7)(b) 403.703(6)(b). The county shall
 2512  provide written notice of its determination to the department by
 2513  no later than April 30, 2008; thereafter, the materials
 2514  described in s. 403.703(7) 403.703(6) shall be excluded from the
 2515  definition of “construction and demolition debris” in s.
 2516  403.703(7) 403.703(6) within the jurisdiction of such county.
 2517  The county may withdraw or revoke its determination at any time
 2518  by providing written notice to the department.
 2519         Section 58. Subsection (1) of section 487.048, Florida
 2520  Statutes, is amended to read:
 2521         487.048 Dealer’s license; records.—
 2522         (1) Each person holding or offering for sale, selling, or
 2523  distributing restricted-use pesticides shall obtain a dealer’s
 2524  license from the department. Application for the license shall
 2525  be made on a form prescribed by the department. The license must
 2526  be obtained before entering into business or transferring
 2527  ownership of a business. The department may require examination
 2528  or other proof of competency of individuals to whom licenses are
 2529  issued or of individuals employed by persons to whom licenses
 2530  are issued. Demonstration of continued competency may be
 2531  required for license renewal, as set by rule. The license shall
 2532  be renewed annually as provided by rule. An annual license fee
 2533  not exceeding $250 shall be established by rule. However, a user
 2534  of a restricted-use pesticide may distribute unopened containers
 2535  of a properly labeled pesticide to another user who is legally
 2536  entitled to use that restricted-use pesticide without obtaining
 2537  a pesticide dealer’s license. The exclusive purpose of
 2538  distribution of the restricted-use pesticide is to keep it from
 2539  becoming a hazardous waste as defined in s. 403.703(14)
 2540  403.703(13).
 2541         Section 59. This act shall take effect July 1, 2012.