HB 1363 2003
1	CHAMBER ACTION
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6	The Committee on Appropriations recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
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11	A bill to be entitled
12	An act relating to phosphate mining; amending s. 211.3103,
13	F.S.; revising the distribution of the excise tax on the
14	severance of phosphate rock; setting the tax rate for
15	specified periods; revising provisions with respect to
16	application of the tax to the total production of the
17	producer; revising dates with respect to calculation of
18	the base rate adjustment for phosphate rock; setting a
19	minimum base-rate limit; providing for review of the
20	distribution of the tax by a specified date; amending s.
21	373.414, F.S.; revising conditions under which wetlands
22	reclamation activities for phosphate and heavy minerals
23	mining are considered appropriate mitigation under pt. IV
24	of ch. 373, F.S.; requiring the Department of
25	Environmental Protection to study cumulative impacts of
26	changes in landform and hydrology in the Peace River
27	Basin; providing study requirements; requiring the
28	department to prepare and adopt a resource management plan
29	for the Peace River Basin; providing plan requirements;
30	providing for submission of the plan by a specified date;
31	authorizing the department to use specified funds from the
32	Nonmandatory Land Reclamation Trust Fund to prepare the
33	study and plan; authorizing the department to establish a
34	technical advisory committee for specified purposes;
35	amending s. 378.021, F.S.; requiring the Department of
36	Environmental Protection to amend the master reclamation
37	plan that provides guidelines for the reclamation of
38	specified lands mined or disturbed by the severance of
39	phosphate rock and not subject to mandatory reclamation;
40	providing additional criteria to be included in the
41	amended master reclamation plan; amending s. 378.031,
42	F.S.; clarifying provisions with respect to legislative
43	intent to provide economic incentives for reclamation or
44	acquisition of nonmandatory lands; amending s. 378.035,
45	F.S.; revising provisions relating to the use of funds in
46	the Nonmandatory Land Reclamation Trust Fund; deleting
47	obsolete provisions; deleting provisions relating to the
48	deposit and use of funds derived from registration fees
49	under the phosphogypsum management program; revising the
50	date after which the Department of Environmental
51	Protection may not accept applications for nonmandatory
52	land reclamation programs; eliminating requirements with
53	respect to a specified report of the Bureau of Mine
54	Reclamation; authorizing the department to petition the
55	State Board of Administration for the issuance of bonds;
56	setting a limit on the total amount of such bonds;
57	providing for use of revenues derived from such bonds;
58	amending s. 378.036, F.S.; authorizing specified entities
59	to form a nonprofit corporation the purpose of which
60	includes creating plans for and assisting in the
61	development of recreational opportunities on lands mined
62	for phosphate; providing composition, organization, and
63	responsibilities of the corporation; requiring a report;
64	providing for dissolution of the corporation; providing
65	for reversion of funds and tangible assets of the
66	corporation; amending s. 378.101, F.S.; requiring the
67	Florida Institute of Phosphate Research to conduct a
68	specified bench and pilot scale study; providing an
69	appropriation to fund the study; amending s. 378.212,
70	F.S.; providing an additional reason for the granting of a
71	variance from pt. III of ch. 378, F.S., relating to
72	phosphate land reclamation; creating s. 403.0613, F.S.,
73	the "Environmental Good Samaritan Act"; providing immunity
74	from civil liability for specified persons and entities in
75	the event of a declared actual or impending environmental
76	emergency; providing applicability; creating s. 403.162,
77	F.S.; providing civil remedy to the Department of
78	Environmental Protection in the event that an owner or
79	operator fails to abate a release or threatened release of
80	any hazardous substance, pollutant, or contaminant, or
81	abate an imminent danger to the environment or to public
82	health, and the department expends a specified amount on
83	such abatement; providing procedure and requirements with
84	respect thereto; amending s. 403.4154, F.S.; providing a
85	third degree felony penalty for willfully, knowingly, or
86	with reckless indifference or gross carelessness making
87	specified distributions prior to correction of
88	noncompliance with departmental rules requiring
89	demonstration of financial responsibility with respect to
90	closure of a phosphogypsum stack or stack system;
91	providing a specified fine and term of imprisonment;
92	providing that the failure of an owner or operator of a
93	phosphogypsum stack system to comply with department rules
94	requiring demonstration of financial responsibility with
95	respect to closure may be considered by the department as
96	evidence that a phosphogypsum stack poses an imminent
97	hazard for purposes of initiating actions to abate or
98	reduce the hazard; deleting provisions that provide for
99	the refund of specified fee payments to the owner of a
100	closed phosphogypsum stack; requiring the Department of
101	Environmental Protection, by a specified date, to initiate
102	rulemaking to require that phosphogypsum stack system
103	operation plans be amended to add an interim stack system
104	management plan; providing plan requirements; requiring
105	the department, by a specified date, to initiate
106	rulemaking to require that general plans and schedules for
107	the closure of phosphogypsum stack systems include
108	specified components; requiring the department to revise
109	specified administrative rules to require the owner or
110	operator of a phosphogypsum stack system to demonstrate
111	financial responsibility for the costs of terminal closure
112	in a manner that protects the environment and the public
113	health and safety; amending s. 403.4155, F.S.; requiring
114	the Department of Environmental Protection to revise
115	specified administrative rules to require the owner or
116	operator of a phosphogypsum stack system to demonstrate
117	financial responsibility for the costs of terminal closure
118	of the phosphogypsum stack system in a manner that
119	protects the environment and the public health and safety;
120	providing minimum requirements for such rules; providing
121	severability; providing effective dates.
122
123	Be It Enacted by the Legislature of the State of Florida:
124
125	Section 1. Section 211.3103, Florida Statutes, is amended
126	to read:
127	211.3103 Levy of tax on severance of phosphate rock; rate,
128	basis, and distribution of tax.--
129	(1) There is hereby levied an excise tax upon every person
130	engaging in the business of severing phosphate rock from the
131	soils or waters of this state for commercial use. The tax shall
132	be collected, administered, and enforced by the department.
133	(2) Beginning July 1, 2003, the proceeds of all taxes,
134	interest, and penalties imposed under this section shall be paid
135	into the State Treasury as follows:
136	(a) The first $10 million of the revenue collected from
137	the tax during each fiscal year shall be paid to the credit of
138	the Conservation and Recreation Lands Trust Fund.
139	(b) $11.14 million shall be paid to the credit of the
140	General Revenue Fund.
141	(c) $2.7 million of the revenue collected from the tax
142	during each fiscal year shall be applied to the purchase of a
143	surety bond or a policy of insurance, the proceeds of which
144	would pay the cost of restoration, reclamation, and cleanup of
145	any phosphogypsum stack system and phosphate mining activities
146	in the event that an operator or permittee thereof has been
147	subject to a final order of bankruptcy and all funds available
148	therefrom are determined to be inadequate to accomplish such
149	restoration, reclamation, and cleanup. Nothing in this section
150	shall be construed to imply that such operator or permittee is
151	thereby relieved of its obligations or relieved of any
152	liabilities pursuant to any other remedies at law,
153	administrative remedies, statutory remedies, or remedies
154	pursuant to bankruptcy law. The department shall adopt rules to
155	implement the provisions of this paragraph, including the
156	purchase and oversight of the bond or policy.
157	(d) The remaining revenue collected from the tax during
158	the fiscal year, after the required payment under paragraphs (a)
159	and (b), shall be paid into the State Treasury as follows:
160	1. To the credit of the Nonmandatory Land Reclamation
161	Trust Fund, 51 percent.
162	2. For payment to counties in proportion to the number of
163	tons of phosphate rock produced from a phosphate rock matrix
164	located within such political boundary, 25 percent. The
165	department shall distribute this portion of the proceeds
166	annually based on production information reported by the
167	producers on the annual returns for the taxable year.
168	3. To the credit of the Phosphate Research Trust Fund in
169	the Department of Education, Division of Universities, 14
170	percent.
171	4. To the credit of the Minerals Trust Fund, 10 percent or
172	$3.5 million, whichever is greater.
173	(d) Funds distributed pursuant to subparagraph (c)2. shall
174	be used for the following purposes:
175	1. Planning, preparing, and financing of infrastructure
176	projects for job creation and capital investment, especially
177	those infrastructure projects related to industrial and
178	commercial sites. Infrastructure investments may include the
179	following public or public-private partnership facilities:
180	a. Stormwater systems;
181	b. Telecommunications facilities;
182	c. Roads or other remedies to transportation impediments;
183	d. Nature-based tourism facilities; or
184	e. Other physical requirements necessary to facilitate
185	trade and economic development activities.
186	2. Maximizing the use of federal, local, and private
187	resources, including, but not limited to, those available under
188	the Small Cities Community Development Block Grant Program.
189	3. Projects that improve inadequate infrastructure that
190	has resulted in regulatory action that prohibits economic or
191	community growth, provided such projects are related to specific
192	job creation or job retention opportunities.
193	(2) The proceeds of all taxes, interest, and penalties
194	imposed under this section shall be paid into the State Treasury
195	through June 30, 1995, as follows:
196	(a) The first $10 million in revenue collected from the
197	tax during each fiscal year shall be paid to the credit of the
198	Conservation and Recreation Lands Trust Fund.
199	(b) The remaining revenues collected from the tax during
200	that fiscal year, after the required payment under paragraph
201	(a), shall be paid into the State Treasury as follows:
202	1. To the credit of the General Revenue Fund of the state,
203	60 percent. However, from this amount the amounts of $7.4
204	million, $8.2 million, and $8.1 million, respectively, shall be
205	transferred to the Nonmandatory Land Reclamation Trust Fund on
206	January 1, 1993, January 1, 1994, and January 1, 1995.
207	2. To the credit of the Nonmandatory Land Reclamation
208	Trust Fund which is established for reclamation and acquisition
209	of unreclaimed lands disturbed by phosphate mining and not
210	subject to mandatory reclamation, 20 percent.
211	3. To the credit of the Phosphate Research Trust Fund in
212	the Department of Education, Division of Universities, to carry
213	out the purposes set forth in s. 378.101, 10 percent.
214	4. For payment to counties in proportion to the number of
215	tons of phosphate rock produced from a phosphate rock matrix
216	located within such political boundary, 10 percent. The
217	department shall distribute this portion of the proceeds
218	annually based on production information reported by producers
219	on the annual returns for the taxable year. Any such proceeds
220	received by a county shall be used only for phosphate-related
221	expenses.
222	(3) Beginning July 1, 1995, the proceeds of all taxes,
223	interest, and penalties imposed under this section shall be paid
224	into the State Treasury as follows:
225	(a) The first $10 million in revenue collected from the
226	tax during each fiscal year shall be paid to the credit of the
227	Conservation and Recreation Lands Trust Fund.
228	(b) The remaining revenues collected from the tax during
229	that fiscal year, after the required payment under paragraph
230	(a), shall be paid into the State Treasury as follows:
231	1. To the credit of the General Revenue Fund of the state,
232	58 percent.
233	2. To the credit of the Nonmandatory Land Reclamation
234	Trust Fund for reclamation and acquisition of unreclaimed lands
235	disturbed by phosphate mining and not subject to mandatory
236	reclamation, 14.5 percent.
237	3. To the credit of the Phosphate Research Trust Fund in
238	the Department of Education, Division of Universities, to carry
239	out the purposes set forth in s. 378.101, 10 percent.
240	4. For payment to counties in proportion to the number of
241	tons of phosphate rock produced from a phosphate rock matrix
242	located within such political boundary, 10 percent. The
243	department shall distribute this portion of the proceeds
244	annually based on production information reported by producers
245	on the annual returns for the taxable year. Any such proceeds
246	received by a county shall be used only for phosphate-related
247	expenses.
248	5. To the credit of the Minerals Trust Fund, 7.5 percent.
249	(4) If the base rate is reduced pursuant to paragraph
250	(5)(c), then the proceeds of the tax shall be paid into the
251	State Treasury as follows:
252	(a) The first $10 million in revenue collected from the
253	tax during each fiscal year shall be paid to the credit of the
254	Conservation and Recreation Lands Trust Fund.
255	(b) The remaining revenues collected from the tax during
256	that fiscal year, after the required payment under paragraph
257	(a), shall be paid into the State Treasury as follows:
258	1. To the credit of the General Revenue Fund of the state,
259	55.15 percent.
260	2. To the credit of the Phosphate Research Trust Fund in
261	the Department of Education, Division of Universities, 12.5
262	percent.
263	3. For payment to counties in proportion to the number of
264	tons of phosphate rock produced from a phosphate rock matrix
265	located within such political boundary, 18 percent. The
266	department shall distribute this portion of the proceeds
267	annually based on production information reported by producers
268	on the annual returns for the taxable year. Any such proceeds
269	received by a county shall be used only for phosphate-related
270	expenses.
271	4. To the credit of the Minerals Trust Fund, 14.35
272	percent.
273	(3) Beginning July 1, 2003, the tax rate shall be the base
274	rate of $1.62 per ton severed.
275	(4) Beginning July 1, 2004, and annually thereafter, the
276	tax rate shall be the base rate times the base rate adjustment
277	of the tax years as calculated by the department in accordance
278	with subsection (6).
279	(5) The excise tax levied by this section shall apply to
280	the total production of the producer during the taxable year,
281	measured on the basis of bone-dry tons produced at the point of
282	severance, subject to the following rates:
283	(a) Beginning July 1, 1987, to December 31, 1987, the tax
284	rate shall be $1.79 per ton severed.
285	(b) For 1988, the tax rate shall be the base rate of $1.35
286	per ton severed.
287	(c) For 1989 and subsequent years, the tax rate shall be
288	the base rate times the base rate adjustment for the tax year as
289	calculated by the department in accordance with subsection (6).
290	However, for 2000 and subsequent taxable years, the base rate
291	shall be reduced by 20 percent, unless additional funding of the
292	Nonmandatory Land Reclamation Trust Fund is approved by law.
293	(6)(a) On or before March 30, 20041989, and annually
294	thereafter, the department shall calculate the base rate
295	adjustment, if any, for phosphate rock based on the change in
296	the unadjusted annual producer price index for the prior
297	calendar year in relation to the unadjusted annual producer
298	price index for calendar year 19991987.
299	(b) For the purposes of determining the base rate
300	adjustment for any year, the base rate adjustment shall be a
301	fraction, the numerator of which is the unadjusted annual
302	producer price index for the prior calendar year and the
303	denominator of which is the unadjusted annual producer price
304	index for calendar year 19991987.
305	(c) The department shall provide the base rate, the base
306	rate adjustment, and the resulting tax rate to affected
307	producers by written notice on or before April 15 of the current
308	year.
309	(d) If the producer price index for phosphate rock primary
310	products is substantially revised, the department shall make
311	appropriate adjustment in the method used to compute the base
312	rate adjustment under this subsection which will produce results
313	reasonably consistent with the result which would have been
314	obtained if the producer price index for phosphate rock primary
315	products had not been revised. However, the base rate shall not
316	be less than $1.56 per ton severed.
317	(e) In the event the producer price index for phosphate
318	rock primary products is discontinued, then a comparable index
319	shall be selected by the department and adopted by rule.
320	(7) The excise tax levied on the severance of phosphate
321	rock shall be in addition to any ad valorem taxes levied upon
322	the separately assessed mineral interest in the real property
323	upon which the site of severance is located, or any other tax,
324	permit, or license fee imposed by the state or its political
325	subdivisions.
326	(8) The tax levied by this section shall be collected in
327	the manner prescribed in s. 211.33.
328	(9) The provisions of subsection (2) shall be reviewed by
329	the legislature prior to July 1, 2006. Should no change to the
330	provisions in subsection (2) be made prior to July 1, 2006, the
331	provisions in subsection (2) shall remain in effect.
332	Section 2. Subsections (6) and (8) of section 373.414,
333	Florida Statutes, are amended to read:
334	373.414 Additional criteria for activities in surface
335	waters and wetlands.--
336	(6)(a) The Legislature recognizes that some mining
337	activities that may occur in waters of the state must leave a
338	deep pit as part of the reclamation. Such deep pits may not meet
339	the established water quality standard for dissolved oxygen
340	below the surficial layers. Where such mining activities
341	otherwise meet the permitting criteria contained in this
342	section, such activities may be eligible for a variance from the
343	established water quality standard for dissolved oxygen within
344	the lower layers of the reclaimed pit.
345	(b) Wetlands reclamation activities for phosphate and
346	heavy minerals mining undertaken pursuant to chapter 378 shall
347	be considered appropriate mitigation for this part if they
348	maintain or improve the water quality and the function of the
349	biological systems present at the site prior to the commencement
350	of mining activities and the requirements of subsection (8) are
351	met.
352	(c) Wetlands reclamation activities for fuller's earth
353	mining undertaken pursuant to chapter 378 shall be considered
354	appropriate mitigation for this part if they maintain or improve
355	the water quality and the function of the biological systems
356	present at the site prior to the commencement of mining
357	activities, unless the site features make such reclamation
358	impracticable, in which case the reclamation must offset the
359	regulated activities' adverse impacts on surface waters and
360	wetlands.
361	(d) Onsite reclamation of the mine pit for limerock and
362	sand mining shall be conducted in accordance with the
363	requirements of chapter 378.
364	1. Mitigation activities for limerock and sand mining must
365	offset the regulated activities' adverse impacts on surface
366	waters and wetlands. Mitigation activities shall be located on
367	site, unless onsite mitigation activities are not feasible, in
368	which case, offsite mitigation as close to the activities as
369	possible shall be required. However, mitigation banking may be
370	an acceptable form of mitigation, whether on or off site, as
371	judged on a case-by-case basis.
372	2. The ratio of mitigation-to-wetlands loss shall be
373	determined on a case-by-case basis and shall be based on the
374	quality of the wetland to be impacted and the type of mitigation
375	proposed.
376	(8)(a) The governing board or the department, in deciding
377	whether to grant or deny a permit for an activity regulated
378	under this part shall consider the cumulative impacts upon
379	surface water and wetlands, as delineated in s. 373.421(1),
380	within the same drainage basin as defined in s. 373.403(9), of:
381	1. The activity for which the permit is sought.
382	2. Projects which are existing or activities regulated
383	under this part which are under construction or projects for
384	which permits or determinations pursuant to s. 373.421 or s.
385	403.914 have been sought.
386	3. Activities which are under review, approved, or vested
387	pursuant to s. 380.06, or other activities regulated under this
388	part which may reasonably be expected to be located within
389	surface waters or wetlands, as delineated in s. 373.421(1), in
390	the same drainage basin as defined in s. 373.403(9), based upon
391	the comprehensive plans, adopted pursuant to chapter 163, of the
392	local governments having jurisdiction over the activities, or
393	applicable land use restrictions and regulations.
394	(b) If an applicant proposes mitigation within the same
395	drainage basin as the adverse impacts to be mitigated, and if
396	the mitigation offsets these adverse impacts, the governing
397	board and department shall consider the regulated activity to
398	meet the cumulative impact requirements of paragraph (a).
399	However:,
400	1. The department, in consultation with the Southwest
401	Florida Water Management District, shall study cumulative
402	impacts of changes in landform and hydrology in the Peace River
403	Basin. The study shall evaluate cumulative impacts of activities
404	conducted in the Peace River Basin prior to state regulation, or
405	pursuant to an exemption, a permit, or a reclamation plan on
406	water resources of the basin, including surface waters,
407	groundwaters, fisheries, aquatic and estuarine habitat, and
408	water supplies. The study shall also include an evaluation of
409	the effectiveness of existing regulatory programs in avoiding,
410	minimizing, mitigating, or compensating for cumulative impacts
411	on water resources of the basin.
412	2. Upon completion of the study, the department shall
413	prepare and adopt a resource management plan for the Peace River
414	Basin to minimize existing and future adverse cumulative impacts
415	to water resources of the basin, including surface waters,
416	groundwaters, wetlands, fisheries, aquatic and estuarine
417	habitat, and water supplies. The plan shall identify regulatory
418	and nonregulatory actions to minimize existing and future
419	adverse cumulative impacts identified in the study and, where
420	appropriate, shall also recommend statutory changes to improve
421	regulatory programs to minimize cumulative impacts to water
422	resources of the basin.
423	3. The resource management plan shall be submitted to the
424	Governor, the Speaker of the House of Representatives, and the
425	President of the Senate no later than January 1, 2005.
426	4. The department may use up to $750,000 from the
427	Nonmandatory Land Reclamation Trust Fund to prepare the study
428	and plan required in this section.
429	5. The department may establish a technical advisory
430	committee to assist the department in developing a plan of
431	study, reviewing interim findings, and reviewing final
432	recommendations. The technical advisory committee may include
433	representatives from the following interests in the Peace River
434	Basin: industrial, mining, agriculture, development,
435	environmental, fishing, regional water supply and local
436	government.
437
438	This paragraph may not be construed to prohibit mitigation
439	outside the drainage basin which offsets the adverse impacts
440	within the drainage basin.
441	Section 3. Section 378.021, Florida Statutes, is amended
442	to read:
443	378.021 Master reclamation plan.--
444	(1) The Department of Environmental ProtectionNatural
445	Resources shall amend theadopt by rule, as expeditiously as
446	possible upon receipt of the report of the Land Use Advisory
447	Committee, a master reclamation plan that providesto provide
448	guidelines for the reclamation of lands mined or disturbed by
449	the severance of phosphate rock prior to July 1, 1975, which
450	lands are not subject to mandatory reclamation under part II of
451	chapter 211. In amending thedeveloping saidmaster reclamation
452	plan, the Department of Environmental ProtectionNatural
453	Resources shall continue toconduct an onsite evaluation of all
454	lands mined or disturbed by the severance of phosphate rock
455	prior to July 1, 1975, which lands are not subject to mandatory
456	reclamation under part II of chapter 211, and shall consider the
457	report and plan prepared by the Land Use Advisory Committee
458	under s. 378.011 and submitted to the former Department of
459	Natural Resources for adoption by rule on or before July 1,
460	1979. The master reclamation plan, when amendedadoptedby the
461	Department of Environmental Protection,Natural Resourcesshall
462	be consistent with local government plans prepared pursuant to
463	the Local Government Comprehensive Planning and Land Development
464	Regulation Act.
465	(2) The amendedmaster reclamation plan shall identify
466	which of the lands mined or disturbed by the severance of
467	phosphate rock prior to July 1, 1975, meet the following
468	criteria:
469	(a) The quality of surface waters leaving the land does
470	not meet applicable water quality standards, if any; or, health
471	and safety hazards exist on the land; or, the soil has not
472	stabilized and revegetated; or, the remaining natural resources
473	associated with the land are not being conserved;
474	(b) The environmental or economic utility or aesthetic
475	value of the land would not naturally return within a reasonable
476	time, and reclamation would substantially promote the
477	environmental or economic utility or the aesthetic value of the
478	land; and
479	(c) The reclamation of the land is in the public interest
480	because the reclamation, when combined with other reclamation
481	under the master plan, would provide a substantial regional
482	benefit; and
483	(d) The reclamation of the land is in the public interest
484	because the reclamation, when combined with other reclamation
485	under the master plan, will provide significant benefits to
486	surface water bodies supplying water for environmental and
487	public purposes in those areas of the state where phosphate
488	mining has been permitted.
489	(3) Lands evaluated by the department under subsection (1)
490	which meet the criteria set forth in subsection (2) shall be
491	identified with specificity in the master reclamation plan.
492	Lands evaluated by the department under subsection (1) which do
493	not meet the criteria set forth in subsection (2) shall also be
494	identified with specificity in the master reclamation plan as
495	lands which are acceptable in their present form.
496	(4) Upon adoption of the amendments to themaster
497	reclamation plan as a rule, such plan shall provide the
498	guidelines for approval of reclamation programs for lands
499	covered in the plan, recognizing that reclamation of such lands
500	is not mandatory, but that any payment of costs expended for
501	reclamation paid under s. 378.031 shall be contingent upon
502	conformity with the guidelines set forth in the master
503	reclamation plan.
504	Section 4. Section 378.031, Florida Statutes, is amended
505	to read:
506	378.031 Reclamation or acquisition of nonmandatory lands;
507	legislative intent.--It is the intent of the Legislature to
508	provide an economic incentive to encourage the reclamation of
509	the maximum number of acres of eligible nonmandatory lands in
510	the most timely and efficient manner or the donation or purchase
511	of nonmandatory lands, especially those lands for which
512	reclamation activities will result in significant improvements
513	to surface water bodies of regional importance in those areas of
514	the state where phosphate mining has been permitted. The
515	Legislature recognizes that certain lands mined or disturbed
516	prior to July 1, 1975, have been naturally reclaimed.
517	Section 5. Section 378.035, Florida Statutes, is amended
518	to read:
519	378.035 Department responsibilities and duties with
520	respect to Nonmandatory Land Reclamation Trust Fund.--
521	(1) The department shall administer the Nonmandatory Land
522	Reclamation Trust Fund.
523	(2)(a) The department shall verify that reclamation
524	activities or portions thereof have been accomplished in
525	accordance with the reclamation contract and shall certify the
526	cost of such reclamation activities to the Comptroller for
527	reimbursement.
528	(b) Beginning in 1985, the department shall determine the
529	maximum dollar amount a landowner may be reimbursed per
530	reclaimed acre under an approved reclamation program.
531	(c) Nothing in this act precludes a landowner from
532	performing the reclamation pursuant to the approved reclamation
533	program, provided the landowner complies with the provisions of
534	this act.
535	(3) If an applicant who has signed a reclamation contract
536	abandons the reclamation program prior to substantial completion
537	of the program, the department may spend the remaining balance
538	of funds not expended under the contract to complete the
539	program.
540	(a) The contract amount and any amounts spent by the
541	department in excess of the remaining balance of the funds under
542	the contract become a lien upon the property, enforceable
543	pursuant to chapter 85. The moneys received as a result of a
544	lien foreclosure or as repayment shall be deposited into the
545	trust fund.
546	(b) If the land acquired pursuant to the lien foreclosure
547	has recreational or wildlife value, the department may retain
548	ownership as with other property acquired pursuant to s.
549	378.036. If the department sells the property, the department
550	shall deposit the proceeds of the sale into the trust fund.
551	(4) Interest on moneys deposited in the Nonmandatory Land
552	Reclamation Trust Fund shall accrue to that fund.
553	(5) On July 1, 2001, $50 million of the unencumberedfunds
554	within the Nonmandatory Land Reclamation Trust Fund are also
555	authorizedreserved for use by the department for the following
556	purposes:.
557	(a) These reserved moneys are to be usedTo reclaim lands
558	disturbed by the severance of phosphate rock on or after July 1,
559	1975, in the event that a mining company ceases mining and the
560	associated reclamation prior to all lands disturbed by the
561	operation being reclaimed. Moneys expended by the department to
562	accomplish reclamation pursuant to this subsection shall become
563	a lien upon the property enforceable pursuant to chapter 85. The
564	moneys received as a result of a lien foreclosure or as
565	repayment shall be deposited into the trust fund. In the event
566	the money received as a result of lien foreclosure or repayment
567	is less than the amount expended for reclamation, the department
568	shall use all means available to recover, for the use of the
569	fund, the difference from the affected parties. Paragraph (3)(b)
570	shall apply to lands acquired as a result of a lien foreclosure.
571	(b) The department may also expend funds from the $50
572	million reserve fundFor the abatement of an imminent hazard as
573	provided by s. 403.4154(3) and for the purpose of closing an
574	abandoned phosphogypsum stack system and carrying out
575	postclosure care as provided by s. 403.4154(5). Fees deposited
576	in the Nonmandatory Land Reclamation Trust Fund pursuant to s.
577	403.4154(4) may be used for the purposes authorized in this
578	paragraph. However, such fees may only be used at a stack system
579	if closure or imminent-hazard-abatement activities initially
580	commence on or after July 1, 2002.
581	(c)(6)(a) Up to one-half of the interest income accruing
582	to the funds reserved by subsection (5) shall be available to
583	the department annuallyFor the purpose of funding basic
584	management or protection of reclaimed, restored, or preserved
585	phosphate lands:
586	1. Which have wildlife habitat value as determined by the
587	Bureau of Mine Reclamation;
588	2. Which have been transferred by the landowner to a
589	public agency or a private, nonprofit land conservation and
590	management entity in fee simple, or which have been made subject
591	to a conservation easement pursuant to s. 704.06; and
592	3. For which other management funding options are not
593	available.
594
595	These funds may, after the basic management or protection has
596	been assured for all such lands, be combined with other
597	available funds to provide a higher level of management for such
598	lands.
599	(d)(b) Up to one-half of the interest income accruing to
600	the funds reserved by subsection (5) shall be available to the
601	department annually For the solepurpose of funding the
602	department's implementation of:
603	1. The NPDES permitting program authorized by s. 403.0885,
604	as it applies to phosphate mining and beneficiation facilities,
605	phosphate fertilizer production facilities, and phosphate
606	loading and handling facilities;
607	2. The regulation of dams in accordance with department
608	rule 62-672, Florida Administrative Code; and
609	3. The phosphogypsum management program pursuant to s.
610	403.4154 and department rule 62-673, Florida Administrative
611	Code.
612
613	On or before August 1 of each fiscal year, the department shall
614	prepare a report presenting the expenditures using the interest
615	income allocated by this section made by the department during
616	the immediately preceding fiscal year, which report shall be
617	available to the public upon request.
618	(6)(7)Should the nonmandatory land reclamation program
619	encumber all the funds in the Nonmandatory Land Reclamation
620	Trust Fund except those reserved by subsection (5) prior to
621	funding all the reclamation applications for eligible parcels,
622	the funds reserved by subsection (5) shall be available to the
623	program to the extent required to complete the reclamation of
624	all eligible parcels for which the department has received
625	applications.
626	(7)(8)The department may not accept any applications for
627	nonmandatory land reclamation programs after July 1, 2004
628	November 1, 2008.
629	(8)(9)The Bureau of Mine Reclamation shall review the
630	sufficiency of the Nonmandatory Land Reclamation Trust Fund to
631	support the stated objectives and report to the secretary
632	annually with recommendations as appropriate. The report
633	submittal for calendar year 2008 shall specifically address the
634	effect of providing a future refund of fees paid pursuant to s.
635	403.4154(4) following certification of stack closure pursuant to
636	department rules, and the report shall be submitted to the
637	Governor, the President of the Senate, and the Speaker of the
638	House of Representatives on or before March 1, 2009.
639	(9) The department may, upon its determination, petition
640	the State Board of Administration for the issuance of bonds to
641	carry out its responsibilities pursuant to paragraph (5)(b).
642	The total amount of bonds issued pursuant to this subsection may
643	not exceed $25 million. Revenues credited to the Nonmandatory
644	Land Reclamation Trust Fund shall be used to fund any issuance
645	or debt obligations.
646	Section 6. Subsection (6) is added to section 378.036,
647	Florida Statutes, to read:
648	378.036 Land acquisitions financed by Nonmandatory Land
649	Reclamation Trust Fund moneys.--
650	(6)(a) By January 1, 2004, or within 6 months after the
651	date on which funds become available from the Legislature,
652	whichever is later, the Florida Wildlife Federation, Audubon
653	Florida, and Rails-to-Trails Conservancy, in partnership with
654	the Florida Phosphate Council, are authorized to form a
655	nonprofit corporation pursuant to chapter 617 for the purpose of
656	implementing the provisions of this section by creating plans
657	and assisting in the development of recreational opportunities
658	on lands mined for phosphate in the state. The first plans
659	created by the corporation shall concentrate on recreational
660	activities in Hardee and Hamilton Counties that will assist
661	those counties in rural economic development.
662	(b) The board of directors of the corporation shall be
663	composed of three members. One member shall be designated by the
664	Florida Phosphate Council, one member shall be designated
665	jointly by the Florida Wildlife Federation, Audubon Florida, and
666	Rails-to-Trails Conservancy, and one member shall be chosen by
667	the other two designees.
668	(c) The business of the corporation shall be conducted by
669	the board of directors or a chief executive officer as the board
670	sees fit in accordance with the provisions of its articles of
671	incorporation and applicable law. The activities of the
672	corporation shall be coordinated with all landowners who have
673	voluntarily agreed to participate in the process as well as any
674	local government where relevant lands are recorded.
675	(d) An annual report of the activities of the corporation,
676	including a certified audit, shall be presented to the secretary
677	of the Department of Environmental Protection or the secretary's
678	designee by October 31 of each year following its incorporation.
679	(e) The corporation shall dissolve on January 1, 2009,
680	unless dissolved previously by action of its board of directors
681	or extended by the Legislature. Upon dissolution, any moneys
682	remaining in the accounts of the corporation that are
683	unobligated shall be returned to the funds from which they were
684	appropriated in proportion to the amount contributed. All
685	tangible assets of the corporation at dissolution that were
686	acquired using state funding shall become the property of the
687	Department of Environmental Protection.
688	Section 7. Subsection (5) is added to section 378.101,
689	Florida Statutes, to read:
690	378.101 Florida Institute of Phosphate Research.--
691	(5) The Florida Institute of Phosphate Research shall
692	conduct a bench and pilot scale study of the institute's
693	dewatering instantaneously with pulp recycle process for the
694	purpose of determining its technical and economic feasibility.
695	The study shall evaluate the availability, technical
696	feasibility, and cost of using various types of fiber,
697	including, but not limited to, paper and sewage sludge. The
698	study shall evaluate the technical feasibility and practicality
699	of various methods of using and disposing of the clay/fiber
700	product produced, including admixing the product with soil.
701	Section 8. For fiscal year 2003-2004, the sum of $200,000
702	is appropriated to the Phosphate Research Trust Fund from the
703	proceeds of the phosphate severance tax prior to distribution of
704	funds as specified by s. 211.3103, Florida Statutes, to fund the
705	study required under s. 378.101(5), Florida Statutes.
706	Section 9. Paragraph (g) is added to subsection (1) of
707	section 378.212, Florida Statutes, to read:
708	378.212 Variances.--
709	(1) Upon application, the secretary may grant a variance
710	from the provisions of this part or the rules adopted pursuant
711	thereto. Variances and renewals thereof may be granted for any
712	one of the following reasons:
713	(g) To accommodate reclamation that provides for water
714	supply development or water resource development, consistent
715	with the applicable regional water supply plan approved pursuant
716	to s. 373.0361, appropriate stormwater management, wildlife
717	habitat, or recreation, provided regional water resources are
718	not adversely affected.
719	Section 10. Section 403.0613, Florida Statutes, is created
720	to read:
721	403.0613 Environmental Good Samaritan Act.--
722	(1) Upon declaration by the Governor of an actual or
723	impending environmental emergency, any person or entity acting
724	under the direction of the Department of Environmental
725	Protection shall be immune from civil liability for any act or
726	omission not constituting gross negligence in the course of
727	rendering such assistance.
728	(2) Persons or entities under contract with the Department
729	of Environmental Protection who provide expeditious professional
730	assistance to prevent, take action regarding, or clean up a
731	declared environmental emergency shall also be immune from civil
732	liability.
733	(3) The immunity provided by this section does not apply
734	to damages as a result of any act or omission unrelated to the
735	original emergency.
736	Section 11. Section 403.162, Florida Statutes, is created
737	to read:
738	403.162 Civil remedy of department; abatement of imminent
739	danger; lien; notice; procedure.--In the event that an owner or
740	operator fails to abate a release or threatened release of any
741	hazardous substance, pollutant, or other contaminant, or abate
742	an imminent danger to the environment or to public health, and
743	the department expends in excess of $1 million on such
744	abatement, the following remedy is provided to the department:
745	(1) All expenditures made by the department to abate such
746	release, threatened release, or imminent danger shall
747	constitute, in each instance, a debt of the responsible party or
748	parties to the department.
749	(2) The debt shall constitute a lien on all property of
750	the responsible party or parties, including real, personal,
751	tangible, and intangible property interests. The department may
752	file a notice of lien incorporating a description of the
753	property of the responsible party or parties subject to the
754	abatement action and an identification of the amount of costs
755	expended by the department in performing the abatement action in
756	the public records of the county where the abatement action
757	occurred. To the extent the department intends to create a lien
758	on other assets of the responsible party or parties, such notice
759	may be filed in the same manner and place that is required of
760	federal liens pursuant to s. 713.901. The department may amend
761	and supplement the notice of lien to include amounts comprising
762	the debt expended by the department subsequent to the initial
763	filing of the notice of lien. Upon filing of the notice, the
764	lien, in the amount expended by the department for abatement of
765	the release, threatened release, or other imminent danger, shall
766	attach to all of the revenues and real and personal property of
767	the responsible party or parties, regardless of whether the
768	responsible party or parties are insolvent or are rendered
769	insolvent thereby. A notice of lien filed pursuant to this
770	section that affects the property of a responsible party or
771	parties subject to the abatement action shall create a lien with
772	priority over all other claims or liens that are or have been
773	filed against the property. A notice of lien filed pursuant to
774	this section that affects any property of a responsible party or
775	parties other than the property subject to the abatement action
776	shall have priority from the day of the filing of the notice of
777	the lien over all other claims and liens filed against the
778	property but shall not affect any valid lien, right, or interest
779	in the property filed in accordance with established procedure
780	prior to the filing of a notice of lien pursuant to this
781	subsection.
782	Section 12. Subsections (2), (3), and (4) of section
783	403.4154, Florida Statutes, are amended, and subsections (6) and
784	(7) are added to said section, to read:
785	403.4154 Phosphogypsum management program.--
786	(2) REGULATORY PROGRAM.--
787	(a) It is the intent of the Legislature that the
788	department develop a program for the sound and effective
789	regulation of phosphogypsum stack systems in the state.
790	(b) The department shall adopt rules that prescribe
791	acceptable construction designs for new or expanded
792	phosphogypsum stack systems and that prescribe permitting
793	criteria for operation, closure criteria, long-term-care
794	requirements, and closure financial responsibility requirements
795	for phosphogypsum stack systems.
796	(c) In the event that an owner or operator of a
797	phosphogypsum stack or stack system fails to comply with
798	department rules requiring demonstration of closure financial
799	responsibility, no distribution may be made that would be
800	prohibited under s. 607.06401(3) until the noncompliance is
801	corrected. Whoever willfully, knowingly, or with reckless
802	indifference or gross carelessness violates this prohibition
803	commits a felony of the third degree, punishable as provided in
804	s. 775.082 by a fine of not more than $50,000 or by imprisonment
805	for 5 years for each offense.
806	(3) ABATEMENT OF IMMINENT HAZARD.--
807	(a) The department may take action to abate or
808	substantially reduce any imminent hazard caused by the physical
809	condition, maintenance, operation, or closure of a phosphogypsum
810	stack system.
811	(b) An imminent hazard exists if the physical condition,
812	maintenance, operation, or closure of a phosphogypsum stack
813	system creates an immediate and substantial danger to human
814	health, safety, or welfare or to the environment. A
815	phosphogypsum stack system is presumed not to cause an imminent
816	hazard if the physical condition and operation of the system are
817	in compliance with all applicable department rules.
818	(c) The failure of an owner or operator of a phosphogypsum
819	stack system to comply with department rules requiring
820	demonstration of financial responsibility with respect to
821	closure may be considered by the department as evidence that a
822	phosphogypsum stack poses an imminent hazard for purposes of
823	initiating actions authorized by paragraph (d).
824	(d)(c) If the department determines that the failure of an
825	owner or operator to comply with department rules requiring
826	demonstration of financial responsibility orthe physical
827	condition, maintenance, operation, or closure of a phosphogypsum
828	stack system poses an imminent hazard, the department shall
829	request access to the property on which such stack system is
830	located from the owner or operator of the stack system for the
831	purposes of taking action to abate or substantially reduce the
832	imminent hazard. If the department, after reasonable effort, is
833	unable to timely obtain the necessary access to abate or
834	substantially reduce the imminent hazard, the department may
835	institute action in its own name, using the procedures and
836	remedies of s. 403.121 or s. 403.131, to abate or substantially
837	reduce an imminent hazard. Whenever serious harm to human
838	health, safety, or welfare, to the environment, or to private or
839	public property may occur prior to completion of an
840	administrative hearing or other formal proceeding that might be
841	initiated to abate the risk of serious harm, the department may
842	obtain from the court, ex parte, an injunction without paying
843	filing and service fees prior to the filing and service of
844	process.
845	(e)(d)To abate or substantially reduce an imminent
846	hazard, the department may take any appropriate action,
847	including, but not limited to, using employees of the department
848	or contracting with other state or federal agencies, with
849	private third-party contractors, or with the owner or operator
850	of the stack system, or financing, compensating, or funding a
851	receiver, trustee, or owner of the stack system, to perform all
852	or part of the work.
853	(f)(e)The department shall recover from the owner or
854	operator of the phosphogypsum stack system to the use of the
855	Nonmandatory Land Reclamation Trust Fund all moneys expended
856	from the fund, including funds expended prior to the effective
857	date of this section, to abate an imminent hazard posed by the
858	phosphogypsum stack system plus a penalty equal to an amount
859	calculated at 30 percent of such funds expended. This penalty
860	shall be imposed annually, and prorated from the date of payment
861	from the fund until the expended funds and the penalty are
862	repaid. If the department prevails in any action to recover
863	funds pursuant to this subsection, it may recover reasonable
864	attorney's fees and costs incurred. Phosphogypsum may not be
865	deposited on a stack until all moneys expended from the fund in
866	connection with the stack have been repaid, unless the
867	department determines that such placement is necessary to abate
868	or avoid an imminent hazard or unless otherwise authorized by
869	the department.
870	(g)(f)The department may impose a lien on the real
871	property on which the phosphogypsum stack system that poses an
872	imminent hazard is located and on the real property underlying
873	and other assets located at associated phosphate fertilizer
874	production facilities equal in amount to the moneys expended
875	from the Nonmandatory Land Reclamation Trust Fund pursuant to
876	paragraph (e)(d), including attorney's fees and court costs. The
877	owner of any property on which such a lien is imposed is
878	entitled to a release of the lien upon payment to the department
879	of the lien amount. The lien imposed by this section does not
880	take priority over any other prior perfected lien on the real
881	property, personal property, or other assets referenced in this
882	paragraph, including, but not limited to, the associated
883	phosphate rock mine and reserves.
884	(4) REGISTRATION FEES.--
885	(a)1. The owner or operator of each existing phosphogypsum
886	stack who has not provided a performance bond, letter of credit,
887	trust fund agreement, or closure insurance to demonstrate
888	financial responsibility for closure and long-term care shall
889	pay to the department a fee as set forth in this paragraph. All
890	fees shall be deposited in the Nonmandatory Land Reclamation
891	Trust Fund.
892	2. The amount of the fee for each existing stack shall be
893	$75,000 for each of the five 12-month periods following July 1,
894	2001.
895	3. The amount of the fee for any new stack for which the
896	owner or operator has not provided a performance bond, letter of
897	credit, trust fund agreement, or closure insurance to
898	demonstrate financial responsibility for closure and long-term
899	care shall be $75,000 for each of the five 12-month periods
900	following the issuance by the department of a construction
901	permit for that stack.
902	4. Within 30 days after a phosphogypsum stack has been
903	certified as closed pursuant to rule 62-673.620(2) and (3),
904	Florida Administrative Code, the department shall refund to the
905	owner of the closed phosphogypsum stack an amount from the
906	Nonmandatory Land Reclamation Trust Fund equal to the total
907	amount of fee payments made by the owner or operator to the fund
908	in connection with the closed phosphogypsum stack, except that
909	any refund becoming payable prior to July 1, 2009, shall be paid
910	to the owner on or after that date.
911	(b) On or before August 1 of each year, the department
912	shall provide written notice to each owner of an existing stack
913	of any fee payable for the 12-month period commencing on the
914	immediately preceding July 1. Each owner shall remit the fee to
915	the department on or before August 31 of each year.
916	(6) INTERIM STACK SYSTEM MANAGEMENT PLAN.--
917	(a) By October 1, 2003, the department shall initiate
918	rulemaking to require that phosphogypsum stack system operation
919	plans required by department rule be amended by adding an
920	interim stack system management (ISSM) plan that provides
921	written instructions for the operation of the system assuming
922	that no phosphoric acid would be produced at the facility for a
923	2-year period. The initial ISSM plan shall be completed as of
924	the first July 1 following the adoption of the rule required by
925	this section. The ISSM plan shall include:
926	1. A detailed description of process water management
927	procedures that will be implemented to ensure that the stack
928	system operates in accordance with all applicable department
929	permit conditions and rules. The procedures shall address the
930	actual process water levels present at the facility 30 days
931	prior to the completion of the plan and shall assume that the
932	facility will receive annual average rainfall during the 2-year
933	planning period.
934	2. A detailed description of the procedures to be followed
935	for the daily operation and routine maintenance of the stack
936	system, including required environmental sampling and analyses,
937	as well as for any maintenance or repairs recommended following
938	annual inspections of the system.
939	3. Identification of all machinery, equipment, and
940	materials necessary to implement the plan.
941	4. Identification of the sources of power or fuel
942	necessary to implement the plan.
943	5. Identification of the personnel necessary to implement
944	the plan.
945	(b) The ISSM plan shall be updated annually, taking into
946	account process water levels as of June 1 of each year and the
947	existing stack system configuration.
948	(c) The requirements listed in paragraphs (a) and (b) are
949	applicable to all phosphogypsum stack systems except those which
950	have been closed, which are undergoing closure, or for which an
951	application for a closure permit has been submitted pursuant to
952	department rule.
953	(7) PHOSPHOGYPSUM STACK SYSTEM GENERAL CLOSURE PLAN.--
954	(a) By October 1, 2003, the department shall initiate
955	rulemaking to require that general plans and schedules for the
956	closure of phosphogypsum stack systems include:
957	1. A description of the physical configuration of the
958	phosphogypsum stack system anticipated at the time of closure at
959	the end of useful life of the system.
960	2. A site-specific water management plan describing the
961	procedures to be employed at the end of the useful life of the
962	system to manage the anticipated volume of process water in an
963	environmentally sound manner.
964	3. An estimate of the cost of management of the
965	anticipated volume of process water in accordance with the site-
966	specific water management plan.
967	4. A description of all construction work necessary to
968	properly close the system in accordance with department rules.
969	5. An estimate of all costs associated with long-term care
970	of the closed system, including maintenance and monitoring, in
971	accordance with department rules.
972	(b) The department shall revise chapter 62-673, Florida
973	Administrative Code, to require the owner or operator of a
974	phosphogypsum stack management system to demonstrate financial
975	responsibility for the costs of terminal closure of the
976	phosphogypsum stack system in a manner that protects the public
977	health and safety.
978	1. The costs of terminal closure shall be estimated based
979	on the stack system configuration as of the end of its useful
980	life as determined by the owner or operator.
981	2. The owner or operator may demonstrate financial
982	responsibility by use of one or more of the following methods:
983	a. Bond.
984	b. Letter of credit.
985	c. Cash deposit arrangement.
986	d. Closure insurance.
987	e. Financial tests.
988	f. Corporate guarantee.
989
990	For the purposes of this section, a “cash deposit arrangement”
991	refers to a trust fund, business or statutory trust, escrow
992	account, or similar cash deposit entity whereby a fiduciary
993	holds and invests funds deposited by the owner or operator,
994	which funds shall be expended only for the purpose of directly
995	implementing all or some portion of phosphogypsum stack system
996	closure requirements of that particular owner or operator.
997	3. A trustee, escrow agent, or other fiduciary of a cash
998	deposit arrangement authorized by this section shall have no
999	liability for any damage or loss of any kind arising out of or
1000	caused by performance of duties imposed by the terms of the
1001	applicable agreement except where such damage or loss is
1002	directly caused by the gross negligence or criminal act of the
1003	trustee, escrow agent, or other fiduciary. In performing its
1004	duties pursuant to the applicable agreement, a trustee, escrow
1005	agent, or other fiduciary shall be entitled to rely upon
1006	information and direction received from the grantor or the
1007	department without independent verification unless such
1008	information and direction are manifestly in error:
1009	4. To the extent that a cash deposit arrangement is used
1010	to provide proof of financial responsibility for all or a
1011	portion of closure costs, the trust, escrow, or cash arrangement
1012	deposit entity shall be deemed to have assumed all liability for
1013	such closure costs up to the amount of the cash deposit, less
1014	any fees or costs of the trustee, escrow agent, or other
1015	fiduciary.
1016	5. Any funds maintained in a cash deposit arrangement
1017	authorized by this section shall not be subject to claims of
1018	creditors of the owner or operator and shall otherwise be exempt
1019	from setoff, execution, levy, garnishment, and similar writs and
1020	proceedings.
1021	6. Any funds remaining in a trust, escrow account, or
1022	other cash deposit arrangement after the purpose of such cash
1023	deposit arrangement under this section has been accomplished
1024	shall be returned to the grantor.
1025	Section 13. Subsection (2) of section 403.4155, Florida
1026	Statutes, is amended to read:
1027	403.4155 Phosphogypsum management; rulemaking authority.--
1028	(2) The department shall revise chapter 62-673, Florida
1029	Administrative Code, to require the owner or operator of a
1030	phosphogypsum stack system to demonstrate financial
1031	responsibility for the costs of terminal closure of the
1032	phosphogypsum stack system in a manner that protects the
1033	environment and the public health and safety. At a minimum, such
1034	rules shall include or address the following requirements:
1035	(a) That the cost of closure and long-term care be re-
1036	estimated by a professional engineer and adjusted for inflation
1037	on an annual basis. At a minimum, such cost data shall include:
1038	1. The cost of treatment and appropriate disposal of all
1039	process wastewater, both ponded and pore, in the system.
1040	2. All construction work necessary to properly close the
1041	system in accordance with department rules.
1042	3. All costs associated with long-term care of the closed
1043	system, including maintenance and monitoring, in accordance with
1044	department rules.
1045	(b) That financial statements and financial data be
1046	prepared according to generally accepted accounting principles
1047	within the United States and submitted quarterly.
1048	(c) That audited financial statements be provided annually
1049	along with the statement of financial assurance.
1050	(d) That any owner or operator in default on any of its
1051	obligations report such default immediately.
1052	(e) That an owner or operator shall have the option to
1053	satisfy the financial tests with a corporate guarantee for an
1054	amount that would ensure adequate coverage of closure and
1055	postclosure costs.
1056	(f) A requirement for a 5-year interim stack system
1057	management plan that provides details on the operation of the
1058	specific phosphogypsum stack system, including water management,
1059	should a temporary deactivation of the system occur.By January
1060	31, 2002, the department shall review chapter 62-673, Florida
1061	Administrative Code, to determine the adequacy of the financial
1062	responsibility provisions contained in the rules and shall take
1063	any measures necessary to ensure that the rules provide sound
1064	and effective provisions to minimize risk to the environment and
1065	to public health and safety from the business failure of a
1066	phosphogypsum stack system.
1067	Section 14. If any provision of this act or the
1068	application thereof to any person or circumstance is held
1069	invalid, the invalidity shall not affect other provisions or
1070	applications of the act which can be given effect without the
1071	invalid provision or application, and to this end the provisions
1072	of this act are declared severable.
1073	Section 15. Except as otherwise provided herein, this act
1074	shall take effect upon becoming a law.
1075