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