Florida Senate - 2025 CS for SB 56
By the Committee on Environment and Natural Resources; and
Senators Garcia and Leek
592-01940-25 202556c1
1 A bill to be entitled
2 An act relating to geoengineering and weather
3 modification activities; repealing ss. 403.281,
4 403.291, 403.301, 403.311, 403.321, 403.331, 403.341,
5 403.351, 403.361, 403.371, 403.381, 403.391, and
6 403.401, F.S., relating to the definitions, purpose,
7 licensing requirements, applications, proof of
8 financial responsibility requirements, license
9 issuance and discipline provisions, publication of
10 notice of intention to operate requirements, required
11 contents of the notice of intention, publication of
12 the notice of intention requirements, proof of
13 publication requirements, record and reports of
14 operations requirements, provision of emergency
15 licenses, and suspension or revocation of licenses,
16 respectively, of the weather modification law;
17 amending s. 403.411, F.S.; prohibiting certain acts
18 intended to affect the temperature, the weather, or
19 the intensity of sunlight within the atmosphere of
20 this state; increasing civil penalties for violations
21 of the geoengineering and weather modification law;
22 requiring that specified moneys be deposited in the
23 Air Pollution Control Trust Fund and used only for
24 specified purposes; authorizing a person who observes
25 a geoengineering or weather modification activity to
26 report such activity; providing construction;
27 authorizing the department to refer reports of such
28 observations to the Department of Health or the
29 Division of Emergency Management; authorizing the
30 department to adopt rules; amending ss. 253.002,
31 373.026, 373.1501, 373.4598, and 373.470, F.S.;
32 conforming cross-references and provisions to changes
33 made by the act; making technical changes; providing
34 an effective date.
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. Sections 403.281, 403.291, 403.301, 403.311,
39 403.321, 403.331, 403.341, 403.351, 403.361, 403.371, 403.381,
40 403.391, and 403.401, Florida Statutes, are repealed.
41 Section 2. Section 403.411, Florida Statutes, is amended to
42 read:
43 403.411 Geoengineering and weather modification activities
44 prohibited; penalty.—
45 (1) The injection, release, or dispersion, by any means, of
46 a chemical, a chemical compound, a substance, or an apparatus
47 into the atmosphere within the borders of this state for the
48 express purpose of affecting the temperature, weather, climate,
49 or intensity of sunlight is prohibited.
50 (2) Any person, including any public or private
51 corporation, who conducts conducting a geoengineering or weather
52 modification activity in violation of this section commits
53 operation without first having procured a license, or who shall
54 make a false statement in his or her application for license, or
55 who shall fail to file any report or reports as required by this
56 act, or who shall conduct any weather modification operation
57 after revocation or suspension of his or her license, or who
58 shall violate any other provision of this act, shall be guilty
59 of a misdemeanor of the second degree, punishable as provided in
60 s. 775.082 and by a fine not exceeding $100,000, or s. 775.083;
61 and, if a corporation, the corporation commits shall be guilty
62 of a misdemeanor of the second degree, punishable by a fine not
63 exceeding $100,000 as provided in s. 775.083. Each such
64 violation is shall be a separate offense.
65 (3) All moneys collected pursuant to this section must be
66 deposited in the Air Pollution Control Trust Fund and used only
67 for purposes of air pollution control pursuant to this chapter.
68 (4)(a) Any person who observes a geoengineering or weather
69 modification activity conducted in violation of this section may
70 report the observed violation to the department online or by
71 telephone, mail, or e-mail.
72 (b) The department shall establish an e-mail address and an
73 online form for persons to report observed violations pursuant
74 to this subsection. The department shall make the e-mail address
75 and online form publicly accessible on its website.
76 (c) The department may refer reports of observed violations
77 made pursuant to this subsection to the Department of Health or
78 the Division of Emergency Management when appropriate.
79 (d) The department may adopt rules necessary to implement
80 this subsection.
81 Section 3. Subsection (1) of section 253.002, Florida
82 Statutes, is amended to read:
83 253.002 Department of Environmental Protection, water
84 management districts, Fish and Wildlife Conservation Commission,
85 and Department of Agriculture and Consumer Services; duties with
86 respect to state lands.—
87 (1) The Department of Environmental Protection shall
88 perform all staff duties and functions related to the
89 acquisition, administration, and disposition of state lands,
90 title to which is or will be vested in the Board of Trustees of
91 the Internal Improvement Trust Fund. However, upon the effective
92 date of rules adopted pursuant to s. 373.427, a water management
93 district created under s. 373.069 shall perform the staff duties
94 and functions related to the review of any application for
95 authorization to use board of trustees-owned submerged lands
96 necessary for an activity regulated under part IV of chapter 373
97 for which the water management district has permitting
98 responsibility as set forth in an operating agreement adopted
99 pursuant to s. 373.046(4). The Department of Agriculture and
100 Consumer Services shall perform the staff duties and functions
101 related to the review of applications and compliance with
102 conditions for use of board of trustees-owned submerged lands
103 under authorizations or leases issued pursuant to ss. 253.67
104 253.75 and 597.010 and the acquisition, administration, and
105 disposition of conservation easements pursuant to s. 570.71.
106 Unless expressly prohibited by law, the board of trustees may
107 delegate to the department any statutory duty or obligation
108 relating to the acquisition, administration, or disposition of
109 lands, title to which is or will be vested in the board of
110 trustees. The board of trustees may also delegate to any water
111 management district created under s. 373.069 the authority to
112 take final agency action, without any action on behalf of the
113 board, on applications for authorization to use board of
114 trustees-owned submerged lands for any activity regulated under
115 part IV of chapter 373 for which the water management district
116 has permitting responsibility as set forth in an operating
117 agreement adopted pursuant to s. 373.046(4). This water
118 management district responsibility under this subsection is
119 shall be subject to the department’s general supervisory
120 authority pursuant to s. 373.026(6) s. 373.026(7). The board of
121 trustees may also delegate to the Department of Agriculture and
122 Consumer Services the authority to take final agency action on
123 behalf of the board on applications to use board of trustees
124 owned submerged lands for any activity for which that department
125 has responsibility pursuant to ss. 253.67-253.75, 369.25,
126 369.251, and 597.010. However, the board of trustees shall
127 retain the authority to take final agency action on establishing
128 any areas for leasing, new leases, expanding existing lease
129 areas, or changing the type of lease activity in existing
130 leases. Upon issuance of an aquaculture lease or other real
131 property transaction relating to aquaculture, the Department of
132 Agriculture and Consumer Services must send a copy of the
133 document and the accompanying survey to the Department of
134 Environmental Protection. The board of trustees may also
135 delegate to the Fish and Wildlife Conservation Commission the
136 authority to take final agency action, without any action on
137 behalf of the board, on applications for authorization to use
138 board of trustees-owned submerged lands for any activity
139 regulated under ss. 369.20 and 369.22.
140 Section 4. Subsection (6) of section 373.026, Florida
141 Statutes, is amended to read:
142 373.026 General powers and duties of the department.—The
143 department, or its successor agency, shall be responsible for
144 the administration of this chapter at the state level. However,
145 it is the policy of the state that, to the greatest extent
146 possible, the department may enter into interagency or
147 interlocal agreements with any other state agency, any water
148 management district, or any local government conducting programs
149 related to or materially affecting the water resources of the
150 state. All such agreements shall be subject to the provisions of
151 s. 373.046. In addition to its other powers and duties, the
152 department shall, to the greatest extent possible:
153 (6) Conduct, either independently or in cooperation with
154 any person or governmental agency, a program of study, research,
155 and experimentation and evaluation in the field of weather
156 modification.
157 Section 5. Subsections (1) and (9) of section 373.1501,
158 Florida Statutes, are amended to read:
159 373.1501 South Florida Water Management District as local
160 sponsor.—
161 (1) As used in this section and s. 373.026(7) s.
162 373.026(8), the term:
163 (a) “C-111 Project” means the project identified in the
164 Central and Southern Florida Flood Control Project, Real Estate
165 Design Memorandum, Canal 111, South Miami-Dade County, Florida.
166 (b) “Department” means the Department of Environmental
167 Protection.
168 (c) “District” means the South Florida Water Management
169 District.
170 (d) “Kissimmee River Restoration Project” means the project
171 identified in the Project Cooperation Agreement between the
172 United States Department of the Army and the South Florida Water
173 Management District dated March 22, 1994.
174 (e) “Pal-Mar Project” means the Pal-Mar (West Jupiter
175 Wetlands) lands identified in the Save Our Rivers 2000 Land
176 Acquisition and Management Plan approved by the South Florida
177 Water Management District on September 9, 1999 (Resolution 99
178 94).
179 (f) “Project” means the Central and Southern Florida
180 Project.
181 (g) “Project component” means any structural or operational
182 change, resulting from the restudy, to the Central and Southern
183 Florida Project as it existed and was operated as of January 1,
184 1999.
185 (h) “Restudy” means the Comprehensive Review Study of the
186 Central and Southern Florida Project, for which federal
187 participation was authorized by the federal Water Resources
188 Development Acts of 1992 and 1996 together with related
189 congressional resolutions and for which participation by the
190 South Florida Water Management District is authorized by this
191 section. The term includes all actions undertaken pursuant to
192 the aforementioned authorizations which will result in
193 recommendations for modifications or additions to the Central
194 and Southern Florida Project.
195 (i) “Southern Corkscrew Regional Ecosystem Watershed
196 Project” means the area described in the Critical Restoration
197 Project Contract C-9906 Southern Corkscrew Regional Ecosystem
198 Watershed Project Addition/Imperial River Flowway and approved
199 by the South Florida Water Management District on August 12,
200 1999.
201 (j) “Water Preserve Areas” means those areas located only
202 within Palm Beach and Broward counties that are designated as
203 Water Preserve Areas, as approved by the South Florida Water
204 Management District Governing Board on September 11, 1997, and
205 shall also include all of those lands within Cell II of the East
206 Coast Buffer in Broward County as delineated in the boundary
207 survey prepared by Stoner and Associates, Inc., dated January
208 31, 2000, SWFWMD #10953.
209 (k) “Ten Mile Creek Project” means the Ten Mile Creek Water
210 Preserve Area identified in the Central and Southern Florida
211 Ecosystem Critical Project Letter Report dated April 13, 1998.
212 (9) Final agency action with regard to any project
213 component subject to s. 373.026(7)(b) s. 373.026(8)(b) shall be
214 taken by the department. Actions taken by the district pursuant
215 to subsection (5) may shall not be considered final agency
216 action. A Any petition for formal proceedings filed pursuant to
217 ss. 120.569 and 120.57 requires shall require a hearing under
218 the summary hearing provisions of s. 120.574, which is shall be
219 mandatory. The final hearing under this section must shall be
220 held within 30 days after receipt of the petition by the
221 Division of Administrative Hearings.
222 Section 6. Paragraph (c) of subsection (10) of section
223 373.4598, Florida Statutes, is amended to read:
224 373.4598 Water storage reservoirs.—
225 (10) FUNDING.—
226 (c) Notwithstanding s. 373.026(7)(b) s. 373.026(8)(b) or
227 any other provision of law, the use of state funds is authorized
228 for the EAA reservoir project.
229 Section 7. Paragraph (a) of subsection (6) of section
230 373.470, Florida Statutes, is amended to read:
231 373.470 Everglades restoration.—
232 (6) DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND.—
233 (a) Except as provided in paragraphs (d) and (e) and for
234 funds appropriated for debt service, the department shall
235 distribute funds in the Save Our Everglades Trust Fund to the
236 district in accordance with a legislative appropriation and s.
237 373.026(7)(b) s. 373.026(8)(b). Distribution of funds to the
238 district from the Save Our Everglades Trust Fund shall be
239 equally matched by the cumulative contributions from the
240 district by fiscal year 2019-2020 by providing funding or
241 credits toward project components. The dollar value of in-kind
242 project design and construction work by the district in
243 furtherance of the comprehensive plan and existing interest in
244 public lands needed for a project component are credits towards
245 the district’s contributions.
246 Section 8. This act shall take effect July 1, 2025.