Senate Bill 2140e2

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    CS for SB 2140                                Second Engrossed



  1                      A bill to be entitled

  2         An act relating to water management; amending

  3         s. 287.042, F.S.; providing requirements to

  4         protest contracts administered by water

  5         management districts; amending s. 373.083,

  6         F.S.; authorizing a water management district

  7         governing board to delegate its powers, duties,

  8         and functions to district staff; amending s.

  9         373.323, F.S.; providing additional licensure

10         requirements for water well contractors;

11         amending s. 373.324, F.S.; providing for a

12         continuing education requirement for license

13         renewal; providing for rules; amending s.

14         373.414, F.S.; revising the criteria to be

15         considered in determining the cumulative

16         impacts of activities upon surface waters and

17         wetlands; creating s. 403.065, F.S.; providing

18         findings and declarations; providing for

19         classification and permitting of aquifer

20         storage and recovery wells; providing a zone of

21         discharge for aquifer storage and recovery

22         wells meeting specific criteria; providing

23         monitoring requirements for aquifer storage and

24         recovery wells; requiring an aquifer exemption

25         for aquifer storage and recovery wells

26         exceeding primary drinking water standards

27         other than total coliform bacteria or sodium;

28         requiring the Department of Environmental

29         Protection to make a reasonable effort to issue

30         or deny permits within 90 days; providing the

31         department with rulemaking authority; amending


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    CS for SB 2140                                Second Engrossed



  1         s. 403.0882, F.S.; reorganizing and clarifying

  2         provisions; directing the department to adopt

  3         rules; creating a technical advisory committee

  4         to assist in rule development; providing

  5         permitting requirements relating to failure of

  6         toxicity tests due to naturally occurring

  7         constituents; amending s. 403.061, F.S.;

  8         providing an exemption allowing

  9         demineralization concentrate mixing zones in

10         Outstanding Florida Waters with specific

11         requirements; amending s. 403.852, F.S.;

12         redefining the terms "public water system,"

13         "noncommunity water system," and "nontransient

14         noncommunity water system," and defining the

15         term "transient noncommunity water system";

16         amending s. 403.853, F.S.; requiring the

17         department to adopt and enforce certain primary

18         and secondary drinking water regulations for

19         nontransient noncommunity water systems and

20         transient noncommunity water systems; amending

21         s. 403.8532, F.S.; authorizing the department

22         to make loans to nonprofit transient

23         noncommunity water systems; amending s.

24         403.854, F.S.; allowing the department to waive

25         disinfection requirements and operator

26         requirements for certain water systems on a

27         case-by-case basis; amending s. 403.865, F.S.;

28         expanding the legislative declaration to

29         include water distribution systems; amending s.

30         403.866, F.S.; redefining the term "water

31         distribution system"; amending ss. 403.867,


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    CS for SB 2140                                Second Engrossed



  1         403.872, 403.875, and 403.88, F.S.; expanding

  2         provisions relating to water and wastewater

  3         facilities personnel to include "water

  4         distribution systems," as required by federal

  5         law; providing for the development of a

  6         proposal to dredge an access channel in Santa

  7         Rosa Sound; providing for a plan of mitigation;

  8         providing responsibility for costs; providing

  9         for an expedited process for state dredge and

10         fill permits; developing project criteria;

11         amending s. 20.255, F.S.; requiring the

12         Governor to provide reasonable representation

13         from all sections of the state in making

14         appointments to the Environmental Regulation

15         Commission; amending s. 403.088, F.S.;

16         requiring persons holding water pollution

17         operation permits to report certain

18         noncompliance; providing for the adoption of

19         rules; providing for the distribution of

20         certain documentary stamp tax revenues to the

21         Marine Resource Conservation Trust Fund to be

22         used for marine mammal care; amending s.

23         201.15, F.S.; providing for the distribution of

24         certain documentary stamp tax revenues to the

25         Marine Resource Conservation Trust Fund to be

26         used for marine mammal care, effective July 1,

27         2001; amending s. 328.72, F.S.; revising the

28         process of handling voluntary contributions for

29         manatee protection; amending s. 328.76, F.S.;

30         eliminating the transfer of certain registered

31         vessel revenues to the Save the Manatee Trust


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    CS for SB 2140                                Second Engrossed



  1         Fund; amending s. 370.0603, F.S.; providing

  2         requirements for the use of funds in the Marine

  3         Resource Conservation Trust Fund; amending s.

  4         370.12, F.S.; eliminating requirements for the

  5         use of specified funds for manatee

  6         rehabilitation from the Save the Manatee Trust

  7         Fund; creating s. 163.065, F.S.; creating the

  8         "Miami River Improvement Act"; providing

  9         findings and purpose; directing state and

10         regional agencies to assist the Miami River

11         Commission; requiring a plan; providing an

12         appropriation; creating s. 373.200, F.S.;

13         specifying the role of the Seminole Tribe Water

14         Rights Compact; amending s. 403.813, F.S.;

15         prohibiting the restriction of the number of

16         vessels moored at certain private,

17         single-family docks; providing an effective

18         date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  Paragraph (c) of subsection (2) of section

23  287.042, Florida Statutes, is amended to read:

24         287.042  Powers, duties, and functions.--The department

25  shall have the following powers, duties, and functions:

26         (2)

27         (c)  Any person who files an action protesting a

28  decision or intended decision pertaining to contracts

29  administered by the department, a water management district,

30  or a state agency pursuant to s. 120.57(3)(b) shall post with

31  the department, the water management district, or the state


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    CS for SB 2140                                Second Engrossed



  1  agency at the time of filing the formal written protest a bond

  2  payable to the department, the water management district, or

  3  the state agency in an amount equal to 1 percent of the

  4  department's, the water management district's, or the state

  5  agency's estimate of the total volume of the contract or

  6  $5,000, whichever is less, which bond shall be conditioned

  7  upon the payment of all costs which may be adjudged against

  8  him or her in the administrative hearing in which the action

  9  is brought and in any subsequent appellate court proceeding.

10  For protests of decisions or intended decisions of the

11  department pertaining to agencies' requests for approval of

12  exceptional purchases, the bond shall be in an amount equal to

13  1 percent of the requesting agency's estimate of the contract

14  amount for the exceptional purchase requested or $5,000,

15  whichever is less. In lieu of a bond, the department, the

16  water management district, or the state agency may, in either

17  case, accept a cashier's check or money order in the amount of

18  the bond. If, after completion of the administrative hearing

19  process and any appellate court proceedings, the water

20  management district or the agency prevails, it shall recover

21  all costs and charges which shall be included in the final

22  order or judgment, excluding attorney's fees. This section

23  shall not apply to protests filed by the Minority Business

24  Advocacy and Assistance Office. Upon payment of such costs and

25  charges by the person protesting the award, the bond,

26  cashier's check, or money order shall be returned to him or

27  her. If the person protesting the award prevails, he or she

28  shall recover from the water management district or the agency

29  all costs and charges which shall be included in the final

30  order of judgment, excluding attorney's fees.

31


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    CS for SB 2140                                Second Engrossed



  1         Section 2.  Subsection (5) is added to section 373.083,

  2  Florida Statutes, to read:

  3         373.083  General powers and duties of the governing

  4  board.--In addition to other powers and duties allowed it by

  5  law, the governing board is authorized to:

  6         (5)  Execute any of the powers, duties, and functions

  7  vested in the governing board through a member or members

  8  thereof, the executive director, or other district staff as

  9  designated by the governing board. The governing board may

10  establish the scope and terms of any delegation. However, if

11  the governing board delegates the authority to take final

12  action on permit applications under part II or part IV, or

13  petitions for variances or waivers of permitting requirements

14  under part II or part IV, the governing board shall provide a

15  process for referring any denial of such application or

16  petition to the governing board to take final action. The

17  authority in this subsection is supplemental to any other

18  provision of this chapter granting authority to the governing

19  board to delegate specific powers, duties, or functions.

20         Section 3.  Subsection (5) of section 373.323, Florida

21  Statutes, is amended, and subsection (10) is added to said

22  section, to read:

23         373.323  Licensure of water well contractors;

24  application, qualifications, and examinations; equipment

25  identification.--

26         (5)  The water management district shall issue a water

27  well contracting license to any applicant who receives a

28  passing grade on the examination, has paid the initial

29  application fee, takes and completes to the satisfaction of

30  the department a minimum of 12 hours of approved course work,

31  and has complied with the requirements of this section.  A


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    CS for SB 2140                                Second Engrossed



  1  passing grade on the examination shall be as established by

  2  the department by rule.  A license issued by any water

  3  management district shall be valid in every water management

  4  district in the state.

  5         (10)  Effective July 1, 2001, water well contractors

  6  licensed under the provisions of this section shall be able to

  7  install, repair, and modify pumps and tanks in accordance with

  8  the Florida Building Code, Chapter 29, section 612--Well Pumps

  9  and Tanks Used for Potable Water Systems.

10         Section 4.  Subsection (2) of section 373.324, Florida

11  Statutes, is amended, subsections (3), (4), and (5) are

12  renumbered as subsections (4), (5), and (6), respectively, and

13  a new subsection (3) is added to said section, to read:

14         373.324  License renewal.--

15         (2)  The water management district shall renew a

16  license upon receipt of the renewal application, proof of

17  completion of 12 classroom hours of continuing education

18  annually, and renewal fee.

19         (3)  The department shall prescribe by rule the method

20  for renewal of licenses, which shall include continuing

21  education requirements of not less than 12 classroom hours

22  annually.

23         Section 5.  Subsection (8) of section 373.414, Florida

24  Statutes, is amended to read:

25         373.414  Additional criteria for activities in surface

26  waters and wetlands.--

27         (8)(a)  The governing board or the department, in

28  deciding whether to grant or deny a permit for an activity

29  regulated under this part shall consider the cumulative

30  impacts upon surface water and wetlands, as delineated in s.

31


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    CS for SB 2140                                Second Engrossed



  1  373.421(1), within the same drainage basin as defined in s.

  2  373.403(9), of:

  3         1.(a)  The activity for which the permit is sought.

  4         2.(b)  Projects which are existing or activities

  5  regulated under this part which are under construction or

  6  projects for which permits or determinations pursuant to s.

  7  373.421 or s. 403.914 have been sought.

  8         3.(c)  Activities which are under review, approved, or

  9  vested pursuant to s. 380.06, or other activities regulated

10  under this part which may reasonably be expected to be located

11  within surface waters or wetlands, as delineated in s.

12  373.421(1), in the same drainage basin as defined in s.

13  373.403(9), based upon the comprehensive plans, adopted

14  pursuant to chapter 163, of the local governments having

15  jurisdiction over the activities, or applicable land use

16  restrictions and regulations.

17         (b)  If an applicant proposes mitigation within the

18  same drainage basin where adverse effects are to be mitigated

19  and if the mitigation offsets these adverse effects, the

20  governing board and department shall consider the regulated

21  activity to meet the requirements of paragraph (a). However,

22  this paragraph may not be construed to prohibit mitigation

23  outside the drainage basin which offsets the adverse effects

24  within the drainage basin.

25         Section 6.  Section 403.065, Florida Statutes, is

26  created to read:

27         403.065  Aquifer Storage and Recovery Wells.--

28         (1)  The Legislature finds and declares that it is in

29  the public interest to conserve and protect water resources,

30  provide adequate water supplies, provide for natural systems,

31


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    CS for SB 2140                                Second Engrossed



  1  and promote quality aquifer storage and recovery projects by

  2  removing inappropriate institutional barriers.

  3         (2)  Aquifer storage and recovery wells shall be

  4  classified and permitted according to department rules,

  5  consistent with the federal Safe Drinking Water Act.  They

  6  shall be constructed to prevent violation of state groundwater

  7  quality standards at the point of discharge, except as

  8  specifically provided in this section.

  9         (3)  Aquifer storage and recovery wells shall be

10  allowed a zone of discharge for sodium and secondary drinking

11  water standards, provided that the requirements of paragraphs

12  (4)(b), (c), and (d) and subsection (6) are met.

13         (4)  Aquifer storage and recovery wells used to inject

14  water from a surfacewater or groundwater source shall be

15  allowed a zone of discharge for total coliform bacteria when

16  the applicant for the aquifer storage and recovery well permit

17  demonstrates, through a risk-based analysis, the following:

18         (a)  The native groundwater within the proposed zone of

19  discharge contains no less than 1,500 milligrams per liter

20  total dissolved solids;

21         (b)  The native groundwater within the proposed zone of

22  discharge is not currently being used as a public or private

23  drinking water supply, nor can any other person other than the

24  permit applicant be reasonably expected to withdraw water from

25  the zone of discharge in the future for such use;

26         (c)  The presence of the stored water will not cause

27  any person other than the permit applicant to treat its source

28  water in any way that would not have been required in the

29  absence of the aquifer storage and recovery well;

30

31


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    CS for SB 2140                                Second Engrossed



  1         (d)  The department has approved a monitoring plan that

  2  specifies the number and location of monitor wells, monitoring

  3  parameters, and frequency of monitoring;

  4         (e)  Total coliform bacteria is the only primary

  5  drinking water standard other than sodium that will not be met

  6  prior to injection;

  7         (f)  The permit applicant demonstrates that biological

  8  contaminants will experience die-off such that primary

  9  drinking water standards will be met at the edge of the zone

10  of discharge and that those contaminants will not pose an

11  adverse risk to human health;

12         (g)  The permit applicant documents the environmental

13  benefits to be derived from the storage, recovery, and future

14  use of the injected water;

15         (h)  The use of the recovered water is consistent with

16  its intended primary purpose; and

17         (i)  The storage of water will not endanger drinking

18  water sources, as defined in the federal Safe Drinking Water

19  Act, 42 U.S.C. s. 300h.

20         (5)  The department may allow a zone of discharge for

21  sodium, total coliform bacteria, and secondary drinking water

22  standards if the total dissolved solids concentration of the

23  native groundwater within the proposed zone of discharge is

24  less than 1,500 milligrams per liter and if the requirements

25  of paragraphs (4)(b)-(i) are satisfied and:

26         (a)  The applicant for the aquifer storage and recovery

27  well permit demonstrates that no person, other than the permit

28  applicant, may in the future withdraw water from the zone of

29  discharge for use as a public or private drinking water supply

30  because of legal restrictions imposed by a water management

31  district, state agency, local government, or other


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    CS for SB 2140                                Second Engrossed



  1  governmental entity having jurisdiction over water supply or

  2  well construction;

  3         (b)  The permit applicant provides written notice,

  4  including specific information about the proposed aquifer

  5  storage and recovery project, to each land owner whose

  6  property overlies the zone of discharge.

  7         (6)  A zone of discharge for aquifer storage and

  8  recovery wells shall not intersect or include any part of a

  9  500-foot radius surrounding any well that uses the injection

10  zone to supply drinking water.

11         (7)  The department shall specify in the permit for the

12  aquifer storage and recovery well the vertical and lateral

13  limits of the approved zone of discharge. The zone of

14  discharge limits shall be based on hydrogeological conditions,

15  for which the permit applicant shall provide calculations or

16  the results of modeling that include, but are not limited to,

17  reasonable assumptions about the expected volume of water to

18  be stored and recovered and reasonable assumptions regarding

19  aquifer thickness and porosity. Compliance with the primary

20  drinking water standard for total coliform bacteria, sodium,

21  and the secondary drinking water standards shall be required

22  at the edge of the zone of discharge.

23         (8)  After the aquifer storage and recovery well is in

24  operation, groundwater monitoring must demonstrate that

25  biological die-off is occurring, no exceedances of the primary

26  drinking water standards have occurred outside of the zone of

27  discharge, and there is no adverse risk to human health from

28  the injection activity.  Failure of the applicant to make this

29  demonstration shall result in revocation of the zone of

30  discharge.

31


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    CS for SB 2140                                Second Engrossed



  1         (9)  If drinking water supply wells are present in the

  2  injection zone within 2.5 miles of the edge of the zone of

  3  discharge, additional monitor wells may be required to detect

  4  the possible movement of injected fluids in the direction of

  5  the drinking water wells.

  6         (10)  Monitor wells shall be sampled at least monthly

  7  for the parameters specified in the permit for the aquifer

  8  storage and recovery well.  The department may modify the

  9  monitoring requirements if necessary to provide reasonable

10  assurance that underground sources of drinking water are

11  adequately protected.

12         (11)  An aquifer exemption shall be obtained prior to

13  injection if the injection fluid exceeds any primary drinking

14  water standard maximum contaminant level other than total

15  coliform bacteria or sodium, or if the presence of any

16  contaminant in the injection fluid may adversely affect the

17  health of persons and the applicant cannot demonstrate with

18  reasonable certainty that such contaminant will experience

19  die-off within the proposed zone of discharge.

20         (12)  The department shall make a reasonable effort to

21  issue or deny a permit within 90 days after determining the

22  permit application to be complete. In accordance with s.

23  403.0876(2)(b), the failure of the department to issue or deny

24  an underground injection control permit for an aquifer storage

25  and recovery well within the 90-day time period shall not

26  result in the automatic issuance or denial of the permit and

27  shall not prevent the inclusion of specific permit conditions

28  that are necessary to ensure compliance with applicable

29  statutes and rules.

30

31


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    CS for SB 2140                                Second Engrossed



  1         (13)  The department may adopt rules for the regulation

  2  of aquifer storage and recovery wells to implement the

  3  provisions of this section.

  4         Section 7.  Section 403.0882, Florida Statutes, is

  5  amended to read:

  6         (Substantial rewording of section.  See s.

  7         403.0882, F.S., for present text.)

  8         403.0882  Discharge of demineralization concentrate.--

  9         (1)  The Legislature finds and declares that it is in

10  the public interest to conserve and protect water resources,

11  provide adequate water supplies and provide for natural

12  systems, and promote brackish water demineralization as an

13  alternative to withdrawals of freshwater from groundwater and

14  surface water by removing institutional barriers to

15  demineralization and through research, including demonstration

16  projects, to advance water and water byproduct treatment

17  technology, sound waste byproduct disposal methods, and

18  regional solutions to water resources issues.  In order to

19  promote the state objective of alternative water supply

20  development, including the use of demineralization

21  technologies, and to encourage the conservation and protection

22  of the state's natural resources, the concentrate resulting

23  from demineralization must be classified as potable water

24  byproduct regardless of flow quantity and must be

25  appropriately treated and discharged or reused.

26         (2)  For the purposes of this section, the term:

27         (a)  "Demineralization concentrate" means the

28  concentrated byproduct water, brine, or reject water produced

29  by ion exchange or membrane separation technologies such as

30  reverse osmosis, membrane softening, ultra-filtration,

31  membrane filtration, electrodialysis, and electrodialysis


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    CS for SB 2140                                Second Engrossed



  1  reversal used for desalination, softening, or reducing total

  2  dissolved solids during water treatment for public water

  3  supply purposes.

  4         (b)  "Small water utility business" means any facility

  5  that distributes potable water to two or more customers with a

  6  concentrate discharge of less than 50,000 gallons per day.

  7         (3)  The department shall initiate rulemaking no later

  8  than October 1, 2000, to address facilities that discharge

  9  demineralization concentrate.  The department shall convene a

10  technical advisory committee to assist in the development of

11  the rules, which committee shall include one representative

12  each from the demineralization industry, local government,

13  water and wastewater utilities, the engineering profession,

14  business, and environmental organizations. The technical

15  advisory committee shall also include one member representing

16  the five water management districts and one representative

17  from the Florida Marine Research Institute. In convening the

18  technical advisory committee, consideration must be given to

19  geographical balance. The rules must address, at a minimum:

20         (a)  Permit application forms for concentrate disposal;

21         (b)  Specific options and requirements for

22  demineralization concentrate disposal, including a

23  standardized list of effluent and monitoring parameters, which

24  may be adjusted or expanded by the department as necessary to

25  protect water quality;

26         (c)  Specific requirements and accepted methods for

27  evaluating mixing of effluent in receiving waters; and

28         (d)  Specific toxicity provisions.

29         (4)(a)  For facilities that discharge demineralization

30  concentrate, the failure of whole effluent toxicity tests

31  predominantly due to the presence of constituents naturally


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    CS for SB 2140                                Second Engrossed



  1  occurring in the source water, limited to calcium, potassium,

  2  sodium, magnesium, chloride, bromide, and other constituents

  3  designated by the department, may not be the basis for denial

  4  of a permit, denial of a permit renewal, revocation of a

  5  permit, or other enforcement action by the department as long

  6  as the volume of water necessary to achieve water quality

  7  standards is available within a distance not in excess of two

  8  times the natural water depth at the point of discharge under

  9  all flow conditions.

10         (b)  If failure of whole effluent toxicity tests is due

11  predominately to the presence of the naturally occurring

12  constituents identified in paragraph (a), the department shall

13  issue a permit for the demineralization concentrate discharge

14  if:

15         1.  The volume of water necessary to achieve water

16  quality standards is available within a distance not in excess

17  of two times the natural water depth at the point of discharge

18  under all flow conditions; and

19         2.  All other permitting requirements are met.

20

21  A variance for toxicity under the circumstance described in

22  this paragraph is not required.

23         (c)  Facilities that fail to meet the requirements of

24  this subsection may be permitted in accordance with department

25  rule, including all applicable moderating provisions such as

26  variances, exemptions, and mixing zones.

27         (5)  Blending of demineralization concentrate with

28  reclaimed water shall be allowed in accordance with the

29  department's reuse rules.

30         (6)  This subsection applies only to small water

31  utility businesses.


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    CS for SB 2140                                Second Engrossed



  1         (a)  The discharge of demineralization concentrate from

  2  small water utility businesses is presumed to be allowable and

  3  permittable in all waters in the state if:

  4         1.  The discharge meets the effluent limitations in s.

  5  403.086(4), except that high-level disinfection is not

  6  required unless the presence of fecal coliforms in the source

  7  water will result in the discharge not meeting applicable

  8  water quality standards;

  9         2.  The discharge of demineralization concentrate

10  achieves a minimum of 4-to-1 dilution within a distance not in

11  excess of two times the natural water depth at the point of

12  discharge under all flow conditions; and

13         3.  The point of discharge is located at a reasonably

14  accessible point that minimizes water quality impacts to the

15  greatest extent possible.

16         (b)  The presumption in paragraph (a) may be overcome

17  only by a demonstration that one or more of the following

18  conditions is present:

19         1.  The discharge will be made directly into an

20  Outstanding Florida Water, except as provided in chapter

21  90-262, Laws of Florida;

22         2.  The discharge will be made directly to Class I or

23  Class II waters; 

24         3.  The discharge will be made to a water body having a

25  total maximum daily load established by the department and the

26  discharge will cause or contribute to a violation of the

27  established load;

28         4.  The discharge fails to meet the requirements of the

29  antidegradation policy contained in the department rules;

30         5.  The discharge will be made to a sole-source

31  aquifer;


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    CS for SB 2140                                Second Engrossed



  1         6.  The discharge fails to meet applicable surfacewater

  2  and groundwater quality standards; or

  3         7.  The results of any toxicity test performed by the

  4  applicant under paragraph (d) or by the department indicate

  5  that the discharge does not meet toxicity requirements at the

  6  boundary of the mixing zone under subparagraph (a)2.

  7         (c)  If one or more of the conditions in paragraph (b)

  8  has been demonstrated, the department may:

  9         1.  Require more stringent effluent limitations;

10         2.  Require relocation of the discharge point or a

11  change in the method of discharge;

12         3.  Limit the duration or volume of the discharge; or

13         4.  Prohibit the discharge if there is no alternative

14  that meets the conditions of subparagraphs 1.-3.

15         (d)  For facilities owned by small water utility

16  businesses, the department may not:

17         1.  Require those businesses to perform toxicity

18  testing at other than the time of permit application, permit

19  renewal, or any requested permit modification, unless the

20  initial toxicity test or any subsequent toxicity test

21  performed by the department does not meet toxicity

22  requirements.

23         2.  Require those businesses to obtain a

24  water-quality-based effluent limitation determination.

25         (7)  The department may adopt additional rules for the

26  regulation of demineralization and to administer this section

27  and s. 403.061(11)(b).

28         Section 8.  Paragraph (b) of subsection (11) of section

29  403.061, Florida Statutes, is amended to read:

30         403.061  Department; powers and duties.--The department

31  shall have the power and the duty to control and prohibit


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    CS for SB 2140                                Second Engrossed



  1  pollution of air and water in accordance with the law and

  2  rules adopted and promulgated by it and, for this purpose, to:

  3         (11)  Establish ambient air quality and water quality

  4  standards for the state as a whole or for any part thereof,

  5  and also standards for the abatement of excessive and

  6  unnecessary noise.  The department is authorized to establish

  7  reasonable zones of mixing for discharges into waters.

  8         (b)  No mixing zone for point source discharges shall

  9  be permitted in Outstanding Florida Waters except for:

10         1.  Sources that which have received permits from the

11  department prior to April 1, 1982, or the date of designation,

12  whichever is later;

13         2.  Blowdown from new power plants certified pursuant

14  to the Florida Electrical Power Plant Siting Act; and

15         3.  Discharges of water necessary for water management

16  purposes that which have been approved by the governing board

17  of a water management district and, if required by law, by the

18  secretary; and.

19         4.  The discharge of demineralization concentrate which

20  has been determined permittable under s. 403.0882 and which

21  meets the specific provisions of s. 403.0882(4)(a) and (b), if

22  the proposed discharge is clearly in the public interest.

23

24  Nothing in this act shall be construed to invalidate any

25  existing department rule relating to mixing zones.  The

26  department shall cooperate with the Department of Highway

27  Safety and Motor Vehicles in the development of regulations

28  required by s. 316.272(1).

29         Section 9.  Subsections (2), (4), and (17) of section

30  403.852, Florida Statutes, are amended, and subsection (18) is

31  added to that section to read:


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    CS for SB 2140                                Second Engrossed



  1         403.852  Definitions; ss. 403.850-403.864.--As used in

  2  ss. 403.850-403.864:

  3         (2)  "Public water system" means a community,

  4  nontransient noncommunity, or noncommunity system for the

  5  provision to the public of piped water for human consumption

  6  through pipes or other constructed conveyances if, provided

  7  that such system has at least 15 service connections or

  8  regularly serves at least 25 individuals daily at least 60

  9  days out of the year. A public water system is either a

10  community water system or a noncommunity water system. The

11  term "public water system" includes:

12         (a)  Any collection, treatment, storage, and

13  distribution facility or facilities under control of the

14  operator of such system and used primarily in connection with

15  such system.

16         (b)  Any collection or pretreatment storage facility or

17  facilities not under control of the operator of such system

18  but used primarily in connection with such system.

19         (4)  "Noncommunity water system" means a public water

20  system that for provision to the public of piped water for

21  human consumption, which serves at least 25 individuals daily

22  at least 60 days out of the year, but which is not a community

23  water system; except that a water system for a wilderness

24  educational camp is a noncommunity water system. A

25  noncommunity water system is either a nontransient

26  noncommunity water system or a transient noncommunity water

27  system.

28         (17)  "Nontransient noncommunity water system" means a

29  noncommunity public water system that is not a community water

30  system and that regularly serves at least 25 of the same

31  persons over 6 months per year.


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    CS for SB 2140                                Second Engrossed



  1         (18)  "Transient noncommunity water system" means a

  2  noncommunity water system that has at least 15 service

  3  connections or regularly serves at least 25 persons daily at

  4  least 60 days out of the year but that does not regularly

  5  serve 25 or more of the same persons over 6 months per year.

  6         Section 10.  Subsections (1) and (6) of section

  7  403.853, Florida Statutes, are amended to read:

  8         403.853  Drinking water standards.--

  9         (1)  The department shall adopt and enforce:

10         (a)1.  State primary drinking water regulations that

11  shall be no less stringent at any given time than the complete

12  interim or revised national primary drinking water regulations

13  in effect at such time; and

14         2.  State secondary drinking water regulations

15  patterned after the national secondary drinking water

16  regulations.

17         (b)  Primary and secondary drinking water regulations

18  for nontransient noncommunity water systems and transient

19  noncommunity water systems, which shall be no more stringent

20  than the corresponding national primary or secondary drinking

21  water regulations in effect at such time, except that

22  nontransient, noncommunity systems shall monitor and comply

23  with additional primary drinking water regulations as

24  determined by the department.

25         (6)  Upon the request of the owner or operator of a

26  transient noncommunity water system serving businesses, other

27  than restaurants or other public food service establishments,

28  and using groundwater as a source of supply, the department,

29  or a local county health department designated by the

30  department, shall perform a sanitary survey of the facility.

31  Upon receipt of satisfactory survey results according to


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    CS for SB 2140                                Second Engrossed



  1  department criteria, the department shall reduce the

  2  requirements of such owner or operator from monitoring and

  3  reporting on a quarterly basis to performing these functions

  4  on an annual basis.  Any revised monitoring and reporting

  5  schedule approved by the department under this subsection

  6  shall apply until such time as a violation of applicable state

  7  or federal primary drinking water standards is determined by

  8  the system owner or operator, by the department, or by an

  9  agency designated by the department, after a random or routine

10  sanitary survey. Certified operators are not required for

11  transient noncommunity water systems of the type and size

12  covered by this subsection.  Any reports required of such

13  system shall be limited to the minimum as required by federal

14  law.  When not contrary to the provisions of federal law, the

15  department may, upon request and by rule, waive additional

16  provisions of state drinking water regulations for such

17  systems.

18         Section 11.  Subsection (3) of section 403.8532,

19  Florida Statutes, is amended to read:

20         403.8532  Drinking water state revolving loan fund;

21  use; rules.--

22         (3)  The department is authorized to make loans to

23  community water systems, nonprofit transient noncommunity

24  water systems, and nonprofit nontransient noncommunity water

25  systems to assist them in planning, designing, and

26  constructing public water systems, unless such public water

27  systems are for-profit privately owned or investor-owned

28  systems that regularly serve 1,500 service connections or more

29  within a single certified or franchised area.  However, a

30  for-profit privately owned or investor-owned public water

31  system that regularly serves 1,500 service connections or more


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    CS for SB 2140                                Second Engrossed



  1  within a single certified or franchised area may qualify for a

  2  loan only if the proposed project will result in the

  3  consolidation of two or more public water systems. The

  4  department is authorized to provide loan guarantees, to

  5  purchase loan insurance, and to refinance local debt through

  6  the issue of new loans for projects approved by the

  7  department. Public water systems are authorized to borrow

  8  funds made available pursuant to this section and may pledge

  9  any revenues or other adequate security available to them to

10  repay any funds borrowed. The department shall administer

11  loans so that amounts credited to the Drinking Water Revolving

12  Loan Trust Fund in any fiscal year are reserved for the

13  following purposes:

14         (a)  At least 15 percent to qualifying small public

15  water systems.

16         (b)  Up to 15 percent to qualifying financially

17  disadvantaged communities.

18         (c)  However, if an insufficient number of the projects

19  for which funds are reserved under this paragraph have been

20  submitted to the department at the time the funding priority

21  list authorized under this section is adopted, the reservation

22  of these funds shall no longer apply.  The department may

23  award the unreserved funds as otherwise provided in this

24  section.

25         Section 12.  Subsections (4), (5), and (8) of section

26  403.854, Florida Statutes, are amended to read:

27         403.854  Variances, exemptions, and waivers.--

28         (4)(a)  The department shall, except upon a showing of

29  good cause, waive on a case-by-case basis any disinfection

30  chlorination requirement applicable to transient noncommunity

31  water systems using groundwater as a source of supply upon an


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    CS for SB 2140                                Second Engrossed



  1  affirmative showing by the supplier of water that no hazard to

  2  health will result.  This showing shall be based upon the

  3  following:

  4         1.  The completion of a satisfactory sanitary survey;

  5         2.  The history of the quality of water provided by the

  6  system and monthly monitoring tests for bacteriological

  7  contamination;

  8         3.  Evaluation of the well and the site on which it is

  9  located, including geology, depth of well, casing, grouting,

10  and other relevant factors which have an impact on the quality

11  of water supplied; and

12         4.  The number of connections and size of the

13  distribution system.

14         (b)  The department may as a condition of waiver

15  require a monitoring program of sufficient frequency to assure

16  that safe drinking water standards are being met.

17         (5)  The department shall, except upon a showing of

18  good cause, waive on a case-by-case basis any requirement for

19  a certified operator for a transient nontransient noncommunity

20  or noncommunity water system using groundwater as a source of

21  supply having a design flow of less than 10,000 gallons per

22  day upon an affirmative showing by the supplier of water that

23  the system can be properly maintained without a certified

24  operator. The department shall consider:

25         (a)  The results of a sanitary survey if deemed

26  necessary;

27         (b)  The operation and maintenance records for the year

28  preceding an application for waiver;

29         (c)  The adequacy of monitoring procedures for maximum

30  contaminant levels included in primary drinking water

31  regulations;


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    CS for SB 2140                                Second Engrossed



  1         (d)  The feasibility of the supplier of water becoming

  2  a certified operator; and

  3         (e)  Any threat to public health that could result from

  4  nonattendance of the system by a certified operator.

  5         (8)  Neither the department nor any of its employees

  6  shall be held liable for money damages for any injury,

  7  sickness, or death sustained by any person as a result of

  8  drinking water from any transient noncommunity water system

  9  granted a waiver under subsection (4) or subsection (5).

10         Section 13.  Section 403.865, Florida Statutes, is

11  amended to read:

12         403.865  Water and wastewater facility personnel;

13  legislative purpose.--The Legislature finds that the threat to

14  the public health and the environment from the operation of

15  water and wastewater treatment plants and water distribution

16  systems mandates that qualified personnel operate these

17  facilities. It is the legislative intent that any person who

18  performs the duties of an operator and who falls below minimum

19  competency or who otherwise presents a danger to the public be

20  prohibited from operating a plant or system in this state.

21         Section 14.  Subsection (5) of section 403.866, Florida

22  Statutes, is amended to read:

23         403.866  Definitions; ss. 403.865-403.876.--As used in

24  ss. 403.865-403.876, the term:

25         (5)  "Water distribution system" means those components

26  of a public water system used in conveying water for human

27  consumption from the water treatment plant to the consumer's

28  property, including pipes, tanks, pumps, pipelines, conduits,

29  pumping stations, and all other constructed conveyances

30  structures, devices, appurtenances, and facilities used

31  specifically for such purpose.


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    CS for SB 2140                                Second Engrossed



  1         Section 15.  Section 403.867, Florida Statutes, is

  2  amended to read:

  3         403.867  License required.--A person may not perform

  4  the duties of an operator of a water treatment plant, water

  5  distribution system, or a domestic wastewater treatment plant

  6  unless he or she holds a current operator's license issued by

  7  the department.

  8         Section 16.  Subsection (1) of section 403.872, Florida

  9  Statutes, is amended to read:

10         403.872  Requirements for licensure.--

11         (1)  Any person desiring to be licensed as a water

12  treatment plant operator, a water distributions system

13  operator, or a domestic wastewater treatment plant operator

14  must apply to the department to take the licensure

15  examination.

16         Section 17.  Paragraphs (a), (b), and (f) of subsection

17  (1) of section 403.875, Florida Statutes, are amended to read:

18         403.875  Prohibitions; penalties.--

19         (1)  A person may not:

20         (a)  Perform the duties of an operator of a water

21  treatment plant, water distribution system, or domestic

22  wastewater treatment plant unless he or she is licensed under

23  ss. 403.865-403.876.

24         (b)  Use the name or title "water treatment plant

25  operator," "water distribution system operator," or "domestic

26  wastewater treatment plant operator" or any other words,

27  letters, abbreviations, or insignia indicating or implying

28  that he or she is an operator, or otherwise holds himself or

29  herself out as an operator, unless the person is the holder of

30  a valid license issued under ss. 403.865-403.876.

31


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    CS for SB 2140                                Second Engrossed



  1         (f)  Employ unlicensed persons to perform the duties of

  2  an operator of a water treatment or domestic wastewater

  3  treatment plant or a water distribution system.

  4         Section 18.  Subsection (1) of section 403.88, Florida

  5  Statutes, is amended to read:

  6         403.88  Classification of water and wastewater

  7  treatment facilities and facility operators.--

  8         (1)  The department shall classify water treatment

  9  plants, and wastewater treatment plants, and water

10  distribution systems by size, complexity, and level of

11  treatment necessary to render the wastewater or source water

12  suitable for its intended purpose in compliance with this

13  chapter and department rules.

14         Section 19.  The Department of Environmental Protection

15  in cooperation with the Santa Rosa Shores Homeowners

16  Association shall develop a proposal for dredging of a single

17  access channel connected to the existing channels and canals

18  within Santa Rosa Shores, Santa Rosa County, and extending to

19  navigable depths in Santa Rosa Sound.  The proposal shall

20  include a plan of mitigation for offsetting adverse impacts of

21  the dredging, a plan for disposing of dredged materials, a

22  plan for protecting water quality and sea grass habitat during

23  dredging, a plan for long-term maintenance of the channel, and

24  a plan for inspection and study of the project, with annual

25  progress reports to be prepared by the Santa Rosa Shores

26  Homeowners Association for submittal to the Department of

27  Environmental Protection.  The Santa Rosa Shores Homeowners

28  Association shall be responsible for the payment of costs

29  involved with the project and for submitting all required

30  applications required to authorize the project.  Santa Rosa

31  Shores Homeowners Association and the Department of


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    CS for SB 2140                                Second Engrossed



  1  Environmental Protection may contract with the University of

  2  West Florida to provide the necessary monitoring services and

  3  reports.  The Department of Environmental Protection shall

  4  assist in expediting the processing of the required state

  5  dredge and fill permit, and any associated authorizations

  6  required from the Board of Trustees and the United States Army

  7  Corps of Engineers.  The Department of Environmental

  8  Protection shall assist the Santa Rosa Shores Homeowners

  9  Association in developing project criteria, including but not

10  limited to:  the length, width, and depth of the access

11  channel; where and how material is to be excavated and

12  disposed; the method for protecting water quality and sea

13  grass habitat; long-term maintenance of the channel as needed;

14  mitigation design; and design of the monitoring and reporting

15  program.

16         Section 20.  Subsection (10) of section 20.255, Florida

17  Statutes, is amended to read:

18         20.255  Department of Environmental Protection.--There

19  is created a Department of Environmental Protection.

20         (10)  There is created as a part of the Department of

21  Environmental Protection an Environmental Regulation

22  Commission. The commission shall be composed of seven

23  residents of this state appointed by the Governor, subject to

24  confirmation by the Senate. In making appointments, the

25  Governor shall provide reasonable representation from all

26  sections of the state. The commission shall include one, but

27  not more than two, members from each water management district

28  who have resided in the district for at least 1 year, and the

29  remainder shall be selected from the state at large.

30  Membership shall be representative of agriculture, the

31  development industry, local government, the environmental


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    CS for SB 2140                                Second Engrossed



  1  community, lay citizens, and members of the scientific and

  2  technical community who have substantial expertise in the

  3  areas of the fate and transport of water pollutants,

  4  toxicology, epidemiology, geology, biology, environmental

  5  sciences, or engineering. The Governor shall appoint the

  6  chair, and the vice chair shall be elected from among the

  7  membership. The members serving on the commission on July 1,

  8  1995, shall continue to serve on the commission for the

  9  remainder of their current terms. All appointments thereafter

10  shall continue to be for 4-year terms. The Governor may at any

11  time fill a vacancy for the unexpired term. The members of the

12  commission shall serve without compensation, but shall be paid

13  travel and per diem as provided in s. 112.061 while in the

14  performance of their official duties. Administrative,

15  personnel, and other support services necessary for the

16  commission shall be furnished by the department.

17         Section 21.  Subsection (5) is added to section

18  403.088, Florida Statutes, to read:

19         403.088  Water pollution operation permits;

20  conditions.--

21         (5)(a)  A person permitted under this section shall

22  report to the department, upon discovery, any noncompliance

23  that may endanger public health or the

24  environment.  Notification shall be provided orally to the

25  department immediately after notification of appropriate local

26  health and emergency management authorities.  A written report

27  detailing the noncompliance circumstances and actions taken to

28  resolve the noncompliance also shall be provided to the

29  department within five days of discovery unless the department

30  waives the report.

31         (b)  The department may adopt rules to:


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    CS for SB 2140                                Second Engrossed



  1         1.  Specify the circumstances of noncompliance that

  2  warrant notification, including but not limited to bypasses,

  3  upsets, violations of permitted discharge limits, and

  4  unauthorized discharges to surface or ground waters;

  5         2.  Specify the information to be included in oral and

  6  written notifications of noncompliance;

  7         3.  Specify the persons to be notified of noncompliance

  8  and the manner of notification, with consideration given to

  9  use of the statewide emergency response system;

10         4.  Specify any follow-up actions necessary to ensure

11  resolution of the noncompliance and prevention of future

12  noncompliance; and

13         5.  Otherwise carry out the purposes of this

14  subsection.

15         (c)  Until such rules are implemented, the department

16  shall notify all affected permittees about the existing

17  statewide toll-free emergency management communications system

18  and other appropriate means of reporting the instances of

19  noncompliance identified in this subsection.

20         Section 22.  Paragraph (c) of subsection (1), paragraph

21  (a) of subsection (2), and subsection (8) of section 201.15,

22  Florida Statutes, are amended to read:

23         201.15  Distribution of taxes collected.--All taxes

24  collected under this chapter shall be distributed as follows

25  and shall be subject to the service charge imposed in s.

26  215.20(1), except that such service charge shall not be levied

27  against any portion of taxes pledged to debt service on bonds

28  to the extent that the amount of the service charge is

29  required to pay any amounts relating to the bonds:

30

31


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    CS for SB 2140                                Second Engrossed



  1         (1)  Sixty-two and sixty-three hundredths percent of

  2  the remaining taxes collected under this chapter shall be used

  3  for the following purposes:

  4         (c)  The remainder of the moneys distributed under this

  5  subsection, after the required payments under paragraphs (a)

  6  and (b), shall be paid into the State Treasury to the credit

  7  of the General Revenue Fund of the state to be used and

  8  expended for the purposes for which the General Revenue Fund

  9  was created and exists by law or to the Ecosystem Management

10  and Restoration Trust Fund or to the Marine Resource

11  Conservation Trust Fund as provided in subsection (8).

12         (2)  Seven and fifty-six hundredths percent of the

13  remaining taxes collected under this chapter shall be used for

14  the following purposes:

15         (a)  Beginning in the month following the final payment

16  for a fiscal year under paragraph (1)(b), available moneys

17  shall be paid into the State Treasury to the credit of the

18  General Revenue Fund of the state to be used and expended for

19  the purposes for which the General Revenue Fund was created

20  and exists by law or to the Ecosystem Management and

21  Restoration Trust Fund or to the Marine Resource Conservation

22  Trust Fund as provided in subsection (8). Payments made under

23  this paragraph shall continue until the cumulative amount

24  credited to the General Revenue Fund for the fiscal year under

25  this paragraph equals the cumulative payments made under

26  paragraph (1)(b) for the same fiscal year.

27         (8)  From the moneys specified in paragraphs (1)(c) and

28  (2)(a) and prior to deposit of any moneys into the General

29  Revenue Fund, $30 $10 million shall be paid into the State

30  Treasury to the credit of the Ecosystem Management and

31  Restoration Trust Fund in fiscal year 1998-1999, $20 million


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    CS for SB 2140                                Second Engrossed



  1  in fiscal year 1999-2000, and $30 million in fiscal year

  2  2000-2001 and each fiscal year thereafter, to be used for the

  3  preservation and repair of the state's beaches as provided in

  4  ss. 161.091-161.212 and $2 million shall be paid into the

  5  State Treasury to the credit of the Marine Resources

  6  Conservation Trust Fund to be used for marine mammal care as

  7  provided in s. 370.0603(3).

  8         Section 23.  Effective July 1, 2001, paragraph (c) of

  9  subsection (1), paragraph (a) of subsection (2), and

10  subsection (11) of section 201.15, Florida Statutes, as

11  amended by section 2 of chapter 99-247, Laws of Florida, are

12  amended to read:

13         201.15  Distribution of taxes collected.--All taxes

14  collected under this chapter shall be distributed as follows

15  and shall be subject to the service charge imposed in s.

16  215.20(1), except that such service charge shall not be levied

17  against any portion of taxes pledged to debt service on bonds

18  to the extent that the amount of the service charge is

19  required to pay any amounts relating to the bonds:

20         (1)  Sixty-two and sixty-three hundredths percent of

21  the remaining taxes collected under this chapter shall be used

22  for the following purposes:

23         (c)  The remainder of the moneys distributed under this

24  subsection, after the required payments under paragraph (a),

25  shall be paid into the State Treasury to the credit of the

26  General Revenue Fund of the state to be used and expended for

27  the purposes for which the General Revenue Fund was created

28  and exists by law or to the Ecosystem Management and

29  Restoration Trust Fund or to the Marine Resources Conservation

30  Trust Fund as provided in subsection (11).

31


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    CS for SB 2140                                Second Engrossed



  1         (2)  Seven and fifty-six hundredths percent of the

  2  remaining taxes collected under this chapter shall be used for

  3  the following purposes:

  4         (a)  Beginning in the month following the final payment

  5  for a fiscal year under paragraph (1)(b), available moneys

  6  shall be paid into the State Treasury to the credit of the

  7  General Revenue Fund of the state to be used and expended for

  8  the purposes for which the General Revenue Fund was created

  9  and exists by law or to the Ecosystem Management and

10  Restoration Trust Fund or to the Marine Resources Conservation

11  Trust Fund as provided in subsection (11). Payments made under

12  this paragraph shall continue until the cumulative amount

13  credited to the General Revenue Fund for the fiscal year under

14  this paragraph equals the cumulative payments made under

15  paragraph (1)(b) for the same fiscal year.

16         (11)  From the moneys specified in paragraphs (1)(c)

17  and (2)(a) and prior to deposit of any moneys into the General

18  Revenue Fund, $30 $10 million shall be paid into the State

19  Treasury to the credit of the Ecosystem Management and

20  Restoration Trust Fund in fiscal year 1998-1999, $20 million

21  in fiscal year 1999-2000, and $30 million in fiscal year

22  2000-2001 and each fiscal year thereafter, to be used for the

23  preservation and repair of the state's beaches as provided in

24  ss. 161.091-161.212 and $2 million shall be paid into the

25  State Treasury to the credit of the Marine Resources

26  Conservation Trust Fund to be used for marine mammal care as

27  provided in s. 370.0603(3).

28         Section 24.  Subsection (11) of section 328.72, Florida

29  Statutes, is amended to read:

30

31


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    CS for SB 2140                                Second Engrossed



  1         328.72  Classification; registration; fees and charges;

  2  surcharge; disposition of fees; fines; marine turtle

  3  stickers.--

  4         (11)  VOLUNTARY CONTRIBUTIONS.--The application form

  5  for boat registration shall include a provision to allow each

  6  applicant to indicate a desire to pay an additional voluntary

  7  contribution to the Save the Manatee Trust Fund for manatee

  8  and marine mammal research, protection, recovery, rescue,

  9  rehabilitation, and release.  This contribution shall be in

10  addition to all other fees and charges. The amount of the

11  request for a voluntary contribution solicited shall be $2 or

12  $5 per registrant.  A registrant who provides a voluntary

13  contribution of $5 or more shall be given a sticker or emblem

14  by the tax collector to display, which signifies support for

15  the Save the Manatee Trust Fund.  All voluntary contributions

16  shall be deposited in the Save the Manatee Trust Fund for use

17  according to this subsection.  The first $2 of Voluntary

18  contribution by a vessel registrant shall be available for the

19  manatee protection and recovery effort pursuant to s.

20  370.12(4) s. 370.12(4)(a). Any additional amount of voluntary

21  contribution by a vessel registrant shall also be for the

22  purpose of the manatee protection and recovery effort, except

23  that any voluntary contribution in excess of the first $2

24  voluntary contribution by a vessel registrant but not

25  exceeding $2 shall be available for manatee rehabilitation by

26  those facilities approved to rescue, rehabilitate, and release

27  manatees pursuant to s. 370.12(4)(b). The form shall also

28  include language permitting a voluntary contribution of $5 per

29  applicant, which contribution shall be transferred into the

30  Election Campaign Financing Trust Fund.  A statement providing

31


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    CS for SB 2140                                Second Engrossed



  1  an explanation of the purpose of the trust fund shall also be

  2  included.

  3         Section 25.  Subsection (1) of section 328.76, is

  4  amended to read:

  5         328.76  Marine Resources Conservation Trust Fund;

  6  vessel registration funds; appropriation and distribution.--

  7         (1)  Except as otherwise specified and less any

  8  administrative costs, all funds collected from the

  9  registration of vessels through the Department of Highway

10  Safety and Motor Vehicles and the tax collectors of the state

11  shall be deposited in the Marine Resources Conservation Trust

12  Fund for recreational channel marking; public launching

13  facilities; law enforcement and quality control programs;

14  aquatic weed control; manatee protection, recovery, rescue,

15  rehabilitation, and release; and marine mammal protection and

16  recovery. The funds collected pursuant to s. 328.72(1) shall

17  be transferred as follows:

18         (a)  In each fiscal year, an amount equal to $1.50 $1

19  for each vessel registered in this state shall be transferred

20  to the Save the Manatee Trust Fund for manatee and marine

21  mammal research, protection, and recovery in accordance with

22  the provisions of s. 370.12(4)(a).

23         (b)  In addition, in each fiscal year, an amount equal

24  to 50 cents for each vessel registered in this state shall be

25  transferred to the Save the Manatee Trust Fund in accordance

26  with the provisions of s. 370.12(4)(b) for use by those

27  facilities approved to rescue, rehabilitate, and release

28  manatees as authorized pursuant to the Fish and Wildlife

29  Service of the United States Department of the Interior.

30         (b)(c)  Two dollars from each noncommercial vessel

31  registration fee, except that for class A-1 vessels, shall be


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    CS for SB 2140                                Second Engrossed



  1  transferred to the Invasive Plant Control Trust Fund for

  2  aquatic weed research and control.

  3         (c)(d)  Forty percent of the registration fees from

  4  commercial vessels shall be used for law enforcement and

  5  quality control programs.

  6         (d)(e)  Forty percent of the registration fees from

  7  commercial vessels shall be transferred to the Invasive Plant

  8  Control Trust Fund for aquatic plant research and control.

  9         Section 26.  Subsection (3) is added to section

10  370.0603, Florida Statutes, to read:

11         370.0603  Marine Resources Conservation Trust Fund;

12  purposes.--

13         (3)  Funds provided to the Marine Resources

14  Conservation Trust Fund from taxes distributed under s.

15  201.15(9), shall be used for the following purposes:

16         (a)  To reimburse the cost of activities authorized

17  pursuant to the Fish and Wildlife Service of the United States

18  Department of the Interior. Such facilities must be involved

19  in the actual rescue and full-time acute care

20  veterinarian-based rehabilitation of manatees. The cost of

21  activities includes, but is not limited to, costs associated

22  with expansion, capital outlay, repair, maintenance, and

23  operation related to the rescue, treatment, stabilization,

24  maintenance, release, and monitoring of manatees. Moneys

25  distributed through the contractual agreement to each facility

26  for manatee rehabilitation must be proportionate to the number

27  of manatees under acute care rehabilitation; the number of

28  maintenance days medically necessary in the facility; and the

29  number released during the previous fiscal year. The

30  commission may set a cap on the total amount reimbursed per

31  manatee per year.


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    CS for SB 2140                                Second Engrossed



  1         (b)  For training on the care, treatment, and

  2  rehabilitation of marine mammals at the Whitney Laboratory and

  3  the Veterinary School of Medicine at the University of

  4  Florida.

  5         (c)  For program administration costs of the agency.

  6         (d)  Funds not distributed in any 1 fiscal year must be

  7  carried over for distribution in subsequent years.

  8         Section 27.  Subsection (4) of section 370.12, Florida

  9  Statutes, is amended to read:

10         370.12  Marine animals; regulation.--

11         (4)  ANNUAL FUNDING OF PROGRAMS FOR MARINE ANIMALS.--

12         (a)  Each fiscal year the Save the Manatee Trust Fund

13  shall be available to fund an impartial scientific benchmark

14  census of the manatee population in the state. Weather

15  permitting, the study shall be conducted annually by the Fish

16  and Wildlife Conservation Commission and the results shall be

17  made available to the President of the Senate, the Speaker of

18  the House of Representatives, and the Governor and Cabinet for

19  use in the evaluation and development of manatee protection

20  measures. In addition, the Save the Manatee Trust Fund shall

21  be available for annual funding of activities of public and

22  private organizations and those of the commission intended to

23  provide manatee and marine mammal protection and recovery

24  effort; manufacture and erection of informational and

25  regulatory signs; production, publication, and distribution of

26  educational materials; participation in manatee and marine

27  mammal research programs, including carcass salvage and other

28  programs; programs intended to assist the recovery of the

29  manatee as an endangered species, assist the recovery of the

30  endangered or threatened marine mammals, and prevent the

31  endangerment of other species of marine mammals; and other


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    CS for SB 2140                                Second Engrossed



  1  similar programs intended to protect and enhance the recovery

  2  of the manatee and other species of marine mammals. The

  3  commission shall annually solicit advisory recommendations

  4  from the Save the Manatee Committee affiliated with the Save

  5  the Manatee Club, as identified and recognized in Executive

  6  Order 85-19, on the use of funds from the Save the Manatee

  7  Trust Fund.

  8         (b)  Each fiscal year moneys in the Save the Manatee

  9  Trust Fund shall also be used, pursuant to s. 328.76(1)(b), to

10  reimburse the cost of activities related to manatee

11  rehabilitation by facilities that rescue, rehabilitate, and

12  release manatees as authorized pursuant to the Fish and

13  Wildlife Service of the United States Department of the

14  Interior. Such facilities must be involved in the actual

15  rescue and full-time acute care veterinarian-based

16  rehabilitation of manatees. The cost of activities includes,

17  but is not limited to, costs associated with expansion,

18  capital outlay, repair, maintenance, and operations related to

19  the rescue, treatment, stabilization, maintenance, release,

20  and monitoring of manatees. Moneys distributed through

21  contractual agreement to each facility for manatee

22  rehabilitation shall be proportionate to the number of

23  manatees under acute care rehabilitation and those released

24  during the previous fiscal year. However, the reimbursement

25  may not exceed the total amount available pursuant to ss.

26  328.72(11) and 328.76(1)(b) for the purposes provided in this

27  paragraph. Prior to receiving reimbursement for the expenses

28  of rescue, rehabilitation, and release, a facility that

29  qualifies under state and federal regulations shall submit a

30  plan to the Fish and Wildlife Conservation Commission for

31  assisting the commission and the Department of Highway Safety


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    CS for SB 2140                                Second Engrossed



  1  and Motor Vehicles in marketing the manatee specialty license

  2  plates. At a minimum, the plan shall include provisions for

  3  graphics, dissemination of brochures, recorded oral and visual

  4  presentation, and maintenance of a marketing exhibit. The plan

  5  shall be updated annually, and the Fish and Wildlife

  6  Conservation Commission shall inspect each marketing exhibit

  7  at least once each year to ensure the quality of the exhibit

  8  and promotional material. Each facility that receives funds

  9  for manatee rehabilitation shall annually provide the

10  commission a written report, within 30 days after the close of

11  the state fiscal year, documenting the efforts and

12  effectiveness of the facility's promotional activities.

13         (b)(c)  By December 1 each year, the Fish and Wildlife

14  Conservation Commission shall provide the President of the

15  Senate and the Speaker of the House of Representatives a

16  written report, enumerating the amounts and purposes for which

17  all proceeds in the Save the Manatee Trust Fund for the

18  previous fiscal year are expended, in a manner consistent with

19  those recovery tasks enumerated within the manatee recovery

20  plan as required by the Endangered Species Act.

21         (c)(d)  When the federal and state governments remove

22  the manatee from status as an endangered or threatened

23  species, the annual allocation may be reduced.

24         Section 28.  Section 163.065, Florida Statutes, is

25  created to read:

26         163.065  Miami River Improvement Act.--

27         (1)  SHORT TITLE.--This section may be cited as the

28  "Miami River Improvement Act."

29         (2)  FINDINGS; PURPOSE.--

30         (a)  The Miami River Commission was created by chapter

31  98-402, Laws of Florida, to be the official coordinating


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    CS for SB 2140                                Second Engrossed



  1  clearinghouse for all public policy and projects related to

  2  the Miami River.

  3         (b)  The United States Congress has provided funding

  4  for an initial federal share of 80 percent for the

  5  environmental and navigational improvements to the Miami

  6  River. The governments of the City of Miami and Miami-Dade

  7  County are coordinating with the Legislature and the Florida

  8  Department of Environmental Protection to determine how the 20

  9  percent local share will be provided.

10         (c)  Successful revitalizing and sustaining the urban

11  redevelopment of the areas adjacent to the Miami River is

12  dependent on addressing, through an integrated and coordinated

13  intergovernmental plan, a range of varied components essential

14  to a healthy urban environment, including cultural,

15  recreational, economic, and transportation components.

16         (d)  The purpose of this section is to ensure a

17  coordinated federal, state, regional, and local effort to

18  improve the Miami River and adjacent areas.

19         (3)  AGENCY ASSISTANCE.--All state and regional

20  agencies shall provide all available assistance to the Miami

21  River Commission in the conduct of its activities.

22         (4)  PLAN.--The Miami River Commission, working with

23  the City of Miami and Miami-Dade County, shall consider the

24  merits of the following:

25         (a)  Development and adoption of an urban infill and

26  redevelopment plan, under ss. 163.2511-163.2526, and

27  participating state and regional agencies shall review the

28  proposed plan for the purposes of consistency with applicable

29  law.

30         (b)  Development of a greenway/riverwalk and blueway,

31  where appropriate, as authorized in s. 260.101, to provide an


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    CS for SB 2140                                Second Engrossed



  1  attractive and safe connector system of bicycle, pedestrian,

  2  and transit routes and water taxis to link jobs, waterfront

  3  amenities, and people, and contribute to the comprehensive

  4  revitalization of the Miami River.

  5         Section 29.  The sum of $2 million is appropriated to

  6  the Fish and Wildlife Conservation Commission from the Marine

  7  Resources Conservation Trust Fund beginning in fiscal year

  8  2000-2001 to be expended as follows: $810,000 for training in

  9  the care of marine mammals at the Whitney Laboratory and the

10  Veterinary School of Medicine at the University of Florida, up

11  to $1,150,000 for the care of marine mammals at licensed

12  research facilities pursuant to section 370.0603(3), Florida

13  Statutes, and up to $40,000 for program administration costs

14  of the agency.

15         Section 30.  Section 373.200, Florida Statutes, is

16  created to read:

17         373.200  Seminole Tribe Water Rights Compact.--Pursuant

18  to the provisions of s. 285.165, the South Florida Water

19  Management District is authorized to act in accordance with

20  the Seminole Tribe Water Rights Compact incorporated by

21  reference therein.

22         Section 31.  Paragraph (b) of subsection (2) of section

23  403.813, Florida Statutes, is amended to read:

24         403.813  Permits issued at district centers;

25  exceptions.--

26         (2)  No permit under this chapter, chapter 373, chapter

27  61-691, Laws of Florida, or chapter 25214 or chapter 25270,

28  1949, Laws of Florida, shall be required for activities

29  associated with the following types of projects; however,

30  nothing in this subsection relieves an applicant from any

31  requirement to obtain permission to use or occupy lands owned


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    CS for SB 2140                                Second Engrossed



  1  by the Board of Trustees of the Internal Improvement Trust

  2  Fund or any water management district in its governmental or

  3  proprietary capacity or from complying with applicable local

  4  pollution control programs authorized under this chapter or

  5  other requirements of county and municipal governments:

  6         (b)  The installation and repair of mooring pilings and

  7  dolphins associated with private docking facilities or piers

  8  and the installation of private docks, piers and recreational

  9  docking facilities, or piers and recreational docking

10  facilities of local governmental entities when the local

11  governmental entity's activities will not take place in any

12  manatee habitat, any of which docks:

13         1.  Has 500 square feet or less of over-water surface

14  area for a dock which is located in an area designated as

15  Outstanding Florida Waters or 1,000 square feet or less of

16  over-water surface area for a dock which is located in an area

17  which is not designated as Outstanding Florida Waters;

18         2.  Is constructed on or held in place by pilings or is

19  a floating dock which is constructed so as not to involve

20  filling or dredging other than that necessary to install the

21  pilings;

22         3.  Shall not substantially impede the flow of water or

23  create a navigational hazard;

24         4.  Is used for recreational, noncommercial activities

25  associated with the mooring or storage of boats and boat

26  paraphernalia; and

27         5.  Is the sole dock constructed pursuant to this

28  exemption as measured along the shoreline for a distance of 65

29  feet, unless the parcel of land or individual lot as platted

30  is less than 65 feet in length along the shoreline, in which

31  case there may be one exempt dock allowed per parcel or lot.


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    CS for SB 2140                                Second Engrossed



  1

  2  Nothing in this paragraph shall prohibit the department from

  3  taking appropriate enforcement action pursuant to this chapter

  4  to abate or prohibit any activity otherwise exempt from

  5  permitting pursuant to this paragraph if the department can

  6  demonstrate that the exempted activity has caused water

  7  pollution in violation of this chapter. With the exception of

  8  existing regulations governing dock structures in aquatic

  9  preserves or associated with undeveloped barrier islands or

10  condominiums, neither the department nor the Board of Trustees

11  of the Internal Improvement Trust Fund shall restrict the

12  number of vessels moored at private, single-family docks

13  exempted under this paragraph.

14         Section 32.  This act shall take effect upon becoming a

15  law.

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