Florida Senate - 2025                        CS for CS for SB 56
       
       
        
       By the Committees on Rules; and Environment and Natural
       Resources; and Senators Garcia, Leek, and Yarborough
       
       
       
       
       595-02890-25                                            202556c2
    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         requiring the Department of Environmental Protection
   28         to establish a method for the intake and screening of
   29         such reports; requiring the department to investigate
   30         certain reports; requiring the department to refer
   31         reports of observed violations to the Department of
   32         Health or the Division of Emergency Management, under
   33         certain circumstances; requiring the department to
   34         adopt rules; creating s. 403.4115, F.S.; defining
   35         terms; requiring an operator of public infrastructure
   36         to report certain information monthly to the
   37         Department of Transportation; prohibiting the
   38         department from expending funds to support certain
   39         projects or programs; requiring the department to
   40         submit a report to specified entities; requiring the
   41         department to incorporate reporting guidelines in
   42         certain grant agreements; authorizing the department
   43         to adopt rules; amending ss. 253.002, 373.026,
   44         373.1501, 373.4598, and 373.470, F.S.; conforming
   45         cross-references and provisions to changes made by the
   46         act; making technical changes; providing an effective
   47         date.
   48          
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Sections 403.281, 403.291, 403.301, 403.311,
   52  403.321, 403.331, 403.341, 403.351, 403.361, 403.371, 403.381,
   53  403.391, and 403.401, Florida Statutes, are repealed.
   54         Section 2. Section 403.411, Florida Statutes, is amended to
   55  read:
   56         403.411 Geoengineering and weather modification activities
   57  prohibited; penalty.—
   58         (1)The injection, release, or dispersion, by any means, of
   59  a chemical, a chemical compound, a substance, or an apparatus
   60  into the atmosphere within the borders of this state for the
   61  express purpose of affecting the temperature, weather, climate,
   62  or intensity of sunlight is prohibited.
   63         (2) Any person, including any public or private
   64  corporation, who conducts conducting a geoengineering or weather
   65  modification activity in violation of this section commits
   66  operation without first having procured a license, or who shall
   67  make a false statement in his or her application for license, or
   68  who shall fail to file any report or reports as required by this
   69  act, or who shall conduct any weather modification operation
   70  after revocation or suspension of his or her license, or who
   71  shall violate any other provision of this act, shall be guilty
   72  of a felony misdemeanor of the third second degree, punishable
   73  as provided in s. 775.082 and by a fine not exceeding $100,000;
   74  or s. 775.083; and, if a corporation, the officers, directors,
   75  or employees of the corporation commit shall be guilty of a
   76  felony misdemeanor of the third second degree, punishable by a
   77  fine not exceeding $100,000; and, if an aircraft operator or
   78  controller, such person commits a felony of the third degree,
   79  punishable as provided in s. 775.082 and by a fine not exceeding
   80  $5,000 and up to 5 years in prison as provided in s. 775.083.
   81  Each such violation is shall be a separate offense.
   82         (3)All moneys collected pursuant to this section must be
   83  deposited in the Air Pollution Control Trust Fund and used only
   84  for purposes of air pollution control pursuant to this chapter.
   85         (4)(a)Any person who observes a geoengineering or weather
   86  modification activity conducted in violation of this section may
   87  report the observed violation to the department online or by
   88  telephone, mail, or e-mail.
   89         (b)The department shall establish an e-mail address and an
   90  online form for persons to report observed violations pursuant
   91  to this subsection. The department shall make the e-mail address
   92  and online form publicly accessible on its website.
   93         (c)The department shall establish a method for intake and
   94  screening of the reports made pursuant to this subsection. The
   95  department shall investigate any report that warrants further
   96  review to determine whether there are violations of this
   97  section.
   98         (d)The department shall refer reports of observed
   99  violations made pursuant to this subsection to the Department of
  100  Health or the Division of Emergency Management, if appropriate.
  101         (e)The department shall adopt any rules that are necessary
  102  to implement this subsection.
  103         Section 3. Section 403.4115, Florida Statutes, is created
  104  to read:
  105         403.4115Reporting on geoengineering and weather
  106  modification activities on public infrastructure; penalty.—
  107         (1)As used in this section, the term:
  108         (a)“Aircraft” means a powered or unpowered machine or
  109  device capable of atmospheric flight, except a parachute or
  110  other such device used primarily as safety equipment.
  111         (b)“Department” means the Department of Transportation.
  112         (c)“Public infrastructure” means any public-use airport as
  113  that term is defined in s. 332.004.
  114         (2)Beginning on October 1, 2025, all operators of public
  115  infrastructure shall report monthly to the department, using a
  116  method determined by the department:
  117         (a)The physical presence of any aircraft on public
  118  property, including any public infrastructure, equipped with any
  119  part, component, device, or the like which may be used to
  120  support the intentional emission, injection, release, or
  121  dispersion of air contaminants into the atmosphere within the
  122  borders of this state when such emissions occur for the express
  123  purpose of affecting temperature, weather, climate, or the
  124  intensity of sunlight.
  125         (b)The landing, takeoff, stopover, or refueling of an
  126  aircraft equipped with the components outlined in paragraph (a)
  127  on the physical location of the public infrastructure.
  128         (3)The department may not expend any state funds as
  129  described in s. 215.31 to support a project or program located
  130  on or in support of public infrastructure which is not in
  131  compliance with this section until such time as the entity
  132  becomes compliant with this section.
  133         (4)Upon receipt of the reports required in subsection (2),
  134  the department shall submit aggregated reports to the Department
  135  of Environmental Protection and the applicable state law
  136  enforcement agency in support of the enforcement of s. 403.411.
  137         (5)The department shall incorporate reporting guidelines
  138  in all grant agreements for public use airports which receive
  139  state funds as described in s. 215.31.
  140         (6)The department may adopt rules necessary to implement
  141  this section.
  142         Section 4. Subsection (1) of section 253.002, Florida
  143  Statutes, is amended to read:
  144         253.002 Department of Environmental Protection, water
  145  management districts, Fish and Wildlife Conservation Commission,
  146  and Department of Agriculture and Consumer Services; duties with
  147  respect to state lands.—
  148         (1) The Department of Environmental Protection shall
  149  perform all staff duties and functions related to the
  150  acquisition, administration, and disposition of state lands,
  151  title to which is or will be vested in the Board of Trustees of
  152  the Internal Improvement Trust Fund. However, upon the effective
  153  date of rules adopted pursuant to s. 373.427, a water management
  154  district created under s. 373.069 shall perform the staff duties
  155  and functions related to the review of any application for
  156  authorization to use board of trustees-owned submerged lands
  157  necessary for an activity regulated under part IV of chapter 373
  158  for which the water management district has permitting
  159  responsibility as set forth in an operating agreement adopted
  160  pursuant to s. 373.046(4). The Department of Agriculture and
  161  Consumer Services shall perform the staff duties and functions
  162  related to the review of applications and compliance with
  163  conditions for use of board of trustees-owned submerged lands
  164  under authorizations or leases issued pursuant to ss. 253.67
  165  253.75 and 597.010 and the acquisition, administration, and
  166  disposition of conservation easements pursuant to s. 570.71.
  167  Unless expressly prohibited by law, the board of trustees may
  168  delegate to the department any statutory duty or obligation
  169  relating to the acquisition, administration, or disposition of
  170  lands, title to which is or will be vested in the board of
  171  trustees. The board of trustees may also delegate to any water
  172  management district created under s. 373.069 the authority to
  173  take final agency action, without any action on behalf of the
  174  board, on applications for authorization to use board of
  175  trustees-owned submerged lands for any activity regulated under
  176  part IV of chapter 373 for which the water management district
  177  has permitting responsibility as set forth in an operating
  178  agreement adopted pursuant to s. 373.046(4). This water
  179  management district responsibility under this subsection is
  180  shall be subject to the department’s general supervisory
  181  authority pursuant to s. 373.026(6) s. 373.026(7). The board of
  182  trustees may also delegate to the Department of Agriculture and
  183  Consumer Services the authority to take final agency action on
  184  behalf of the board on applications to use board of trustees
  185  owned submerged lands for any activity for which that department
  186  has responsibility pursuant to ss. 253.67-253.75, 369.25,
  187  369.251, and 597.010. However, the board of trustees shall
  188  retain the authority to take final agency action on establishing
  189  any areas for leasing, new leases, expanding existing lease
  190  areas, or changing the type of lease activity in existing
  191  leases. Upon issuance of an aquaculture lease or other real
  192  property transaction relating to aquaculture, the Department of
  193  Agriculture and Consumer Services must send a copy of the
  194  document and the accompanying survey to the Department of
  195  Environmental Protection. The board of trustees may also
  196  delegate to the Fish and Wildlife Conservation Commission the
  197  authority to take final agency action, without any action on
  198  behalf of the board, on applications for authorization to use
  199  board of trustees-owned submerged lands for any activity
  200  regulated under ss. 369.20 and 369.22.
  201         Section 5. Subsection (6) of section 373.026, Florida
  202  Statutes, is amended to read:
  203         373.026 General powers and duties of the department.—The
  204  department, or its successor agency, shall be responsible for
  205  the administration of this chapter at the state level. However,
  206  it is the policy of the state that, to the greatest extent
  207  possible, the department may enter into interagency or
  208  interlocal agreements with any other state agency, any water
  209  management district, or any local government conducting programs
  210  related to or materially affecting the water resources of the
  211  state. All such agreements shall be subject to the provisions of
  212  s. 373.046. In addition to its other powers and duties, the
  213  department shall, to the greatest extent possible:
  214         (6) Conduct, either independently or in cooperation with
  215  any person or governmental agency, a program of study, research,
  216  and experimentation and evaluation in the field of weather
  217  modification.
  218         Section 6. Subsections (1) and (9) of section 373.1501,
  219  Florida Statutes, are amended to read:
  220         373.1501 South Florida Water Management District as local
  221  sponsor.—
  222         (1) As used in this section and s. 373.026(7) s.
  223  373.026(8), the term:
  224         (a) “C-111 Project” means the project identified in the
  225  Central and Southern Florida Flood Control Project, Real Estate
  226  Design Memorandum, Canal 111, South Miami-Dade County, Florida.
  227         (b) “Department” means the Department of Environmental
  228  Protection.
  229         (c) “District” means the South Florida Water Management
  230  District.
  231         (d) “Kissimmee River Restoration Project” means the project
  232  identified in the Project Cooperation Agreement between the
  233  United States Department of the Army and the South Florida Water
  234  Management District dated March 22, 1994.
  235         (e) “Pal-Mar Project” means the Pal-Mar (West Jupiter
  236  Wetlands) lands identified in the Save Our Rivers 2000 Land
  237  Acquisition and Management Plan approved by the South Florida
  238  Water Management District on September 9, 1999 (Resolution 99
  239  94).
  240         (f) “Project” means the Central and Southern Florida
  241  Project.
  242         (g) “Project component” means any structural or operational
  243  change, resulting from the restudy, to the Central and Southern
  244  Florida Project as it existed and was operated as of January 1,
  245  1999.
  246         (h) “Restudy” means the Comprehensive Review Study of the
  247  Central and Southern Florida Project, for which federal
  248  participation was authorized by the federal Water Resources
  249  Development Acts of 1992 and 1996 together with related
  250  congressional resolutions and for which participation by the
  251  South Florida Water Management District is authorized by this
  252  section. The term includes all actions undertaken pursuant to
  253  the aforementioned authorizations which will result in
  254  recommendations for modifications or additions to the Central
  255  and Southern Florida Project.
  256         (i) “Southern Corkscrew Regional Ecosystem Watershed
  257  Project” means the area described in the Critical Restoration
  258  Project Contract C-9906 Southern Corkscrew Regional Ecosystem
  259  Watershed Project Addition/Imperial River Flowway and approved
  260  by the South Florida Water Management District on August 12,
  261  1999.
  262         (j) “Water Preserve Areas” means those areas located only
  263  within Palm Beach and Broward counties that are designated as
  264  Water Preserve Areas, as approved by the South Florida Water
  265  Management District Governing Board on September 11, 1997, and
  266  shall also include all of those lands within Cell II of the East
  267  Coast Buffer in Broward County as delineated in the boundary
  268  survey prepared by Stoner and Associates, Inc., dated January
  269  31, 2000, SWFWMD #10953.
  270         (k) “Ten Mile Creek Project” means the Ten Mile Creek Water
  271  Preserve Area identified in the Central and Southern Florida
  272  Ecosystem Critical Project Letter Report dated April 13, 1998.
  273         (9) Final agency action with regard to any project
  274  component subject to s. 373.026(7)(b) s. 373.026(8)(b) shall be
  275  taken by the department. Actions taken by the district pursuant
  276  to subsection (5) may shall not be considered final agency
  277  action. A Any petition for formal proceedings filed pursuant to
  278  ss. 120.569 and 120.57 requires shall require a hearing under
  279  the summary hearing provisions of s. 120.574, which is shall be
  280  mandatory. The final hearing under this section must shall be
  281  held within 30 days after receipt of the petition by the
  282  Division of Administrative Hearings.
  283         Section 7. Paragraph (c) of subsection (10) of section
  284  373.4598, Florida Statutes, is amended to read:
  285         373.4598 Water storage reservoirs.—
  286         (10) FUNDING.—
  287         (c) Notwithstanding s. 373.026(7)(b) s. 373.026(8)(b) or
  288  any other provision of law, the use of state funds is authorized
  289  for the EAA reservoir project.
  290         Section 8. Paragraph (a) of subsection (6) of section
  291  373.470, Florida Statutes, is amended to read:
  292         373.470 Everglades restoration.—
  293         (6) DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND.—
  294         (a) Except as provided in paragraphs (d) and (e) and for
  295  funds appropriated for debt service, the department shall
  296  distribute funds in the Save Our Everglades Trust Fund to the
  297  district in accordance with a legislative appropriation and s.
  298  373.026(7)(b) s. 373.026(8)(b). Distribution of funds to the
  299  district from the Save Our Everglades Trust Fund shall be
  300  equally matched by the cumulative contributions from the
  301  district by fiscal year 2019-2020 by providing funding or
  302  credits toward project components. The dollar value of in-kind
  303  project design and construction work by the district in
  304  furtherance of the comprehensive plan and existing interest in
  305  public lands needed for a project component are credits towards
  306  the district’s contributions.
  307         Section 9. This act shall take effect July 1, 2025.