HB 5079

1	A bill to be entitled
2	An act relating to the Department of Environmental
3	Protection; amending s. 20.255, F.S.; renaming the Office
4	of Legislative and Government Affairs within the
5	Department of Environmental Protection as the Office of
6	Legislative Affairs to conform to changes made by this
7	act; creating the Office of Intergovernmental Programs
8	within the Department of Environmental Protection to
9	conform to changes made by this act; renaming the Division
10	of Resource Assessment and Management within the
11	Department of Environmental Protection as the Division of
12	Environmental Assessment and Restoration to conform to
13	changes made by this act; amending s. 253.01, F.S.;
14	providing for the transfer of a specified portion of funds
15	from the Internal Improvement Trust Fund to the General
16	Revenue Fund for a specified period; amending s. 258.034,
17	F.S.; providing for the transfer of a specified portion of
18	funds from the State Park Trust Fund to the General
19	Revenue Fund for a specified period; amending s. 259.032,
20	F.S.; deleting the requirement for the transfer of certain
21	funds to the Plant Industry Trust Fund within the
22	Department of Agriculture and Consumer Services; providing
23	for the transfer of a specified portion of funds from the
24	Conservation and Recreation Lands Trust Fund to the
25	General Revenue Fund for a specified period; amending s.
26	369.25, F.S.; conforming references and provisions
27	relating to certain regulatory authority for aquatic
28	plants to conform to changes made by this act; amending s.
29	369.251, F.S.; conforming references relating to certain
30	regulatory authority for invasive nonnative plants to
31	conform to changes made by this act; amending s. 373.59,
32	F.S.; providing for the transfer of a specified portion of
33	funds from the Water Management Lands Trust Fund to the
34	General Revenue Fund for a specified period; amending s.
35	376.11, F.S.; providing for the transfer of a specified
36	portion of funds from the Florida Coastal Protection Trust
37	Fund to the General Revenue Fund for a specified period;
38	amending s. 376.307, F.S.; providing for the transfer of a
39	specified portion of funds from the Water Quality
40	Assurance Trust Fund to the General Revenue Fund for a
41	specified period; amending s. 376.3071, F.S.; providing
42	for the transfer of a specified portion of funds from the
43	Inland Protection Trust Fund to the General Revenue Fund
44	for a specified period; amending s. 403.0873, F.S.;
45	providing for the transfer of a specified portion of funds
46	from the Air Pollution Control Trust Fund to the General
47	Revenue Fund for a specified period; amending s. 403.890,
48	F.S.; providing for the transfer of a specified portion of
49	funds from the Water Protection and Sustainability Program
50	Trust Fund to the General Revenue Fund for a specified
51	period; deleting the requirement for the distribution of
52	specified funds to the Department of Environmental
53	Protection for the implementation of an alternative water
54	supply program; revising the distribution of specified
55	funds to the Department of Environmental Protection and
56	the Department of Agriculture and Consumer Services for
57	certain activities relating to water quality standards;
58	deleting the requirement for the distribution of specified
59	funds to water management districts for certain surface
60	water restoration activities; deleting the requirement for
61	the distribution of specified funds to the Department of
62	Environmental Protection for the Disadvantaged Small
63	Community Wastewater Grant Program; deleting obsolete
64	provisions relating to the distribution of certain funds;
65	amending s. 581.145, F.S.; conforming references relating
66	to certain regulatory authority for aquatic plants to
67	conform to changes made by this act; providing for the
68	type two transfer of the Bureau of Invasive Plant
69	Management in Department of Environmental Protection to
70	the Fish and Wildlife Conservation Commission;
71	transferring specified authority relating to aquatic
72	plants and invasive nonnative plants from the bureau to
73	the Department of Agriculture and Consumer Services;
74	providing an effective date.
75
76	Be It Enacted by the Legislature of the State of Florida:
77
78	Section 1.  Paragraph (a) of subsection (2) and paragraph
79	(e) of subsection (3) of section 20.255, Florida Statutes, are
80	amended to read:
81	20.255  Department of Environmental Protection.--There is
82	created a Department of Environmental Protection.
83	(2)(a)  There shall be three deputy secretaries who are to
84	be appointed by and shall serve at the pleasure of the
85	secretary. The secretary may assign any deputy secretary the
86	responsibility to supervise, coordinate, and formulate policy
87	for any division, office, or district. The following special
88	offices are established and headed by managers, each of whom is
89	to be appointed by and serve at the pleasure of the secretary:
90	1.  Office of Chief of Staff.,
91	2.  Office of General Counsel.,
92	3.  Office of Inspector General.,
93	4.  Office of External Affairs.,
94	5.  Office of Legislative and Government Affairs., and
95	6.  Office of Intergovernmental Programs.
96	7.6.  Office of Greenways and Trails.
97
98	The managers of all divisions and offices specifically named in
99	this section and the directors of the six administrative
100	districts are exempt from part II of chapter 110 and are
101	included in the Senior Management Service in accordance with s.
102	110.205(2)(j).
103	(3)  The following divisions of the Department of
104	Environmental Protection are established:
105	(e)  Division of Environmental Resource Assessment and
106	Restoration Management.
107
108	In order to ensure statewide and intradepartmental consistency,
109	the department's divisions shall direct the district offices and
110	bureaus on matters of interpretation and applicability of the
111	department's rules and programs.
112	Section 2.  Subsection (4) is added to section 253.01,
113	Florida Statutes, to read:
114	253.01  Internal Improvement Trust Fund established.--
115	(4)  The sum of $400,000 received annually in the Internal
116	Improvement Trust Fund shall be transferred to the General
117	Revenue Fund. The funds shall be transmitted in equal monthly
118	payments until the total sum is received in the General Revenue
119	Fund. This subsection expires July 1, 2013.
120	Section 3.  Section 258.034, Florida Statutes, is amended
121	to read:
122	258.034  State Park Trust Fund created.--
123	(1)  There is created a "State Park Trust Fund" to which
124	shall be credited all money deposited in the State Treasury by
125	appropriations, or from any other source, whether in trust, by
126	gift, devise, fees, rentals, and charges, together with any
127	unexpended balance of any appropriation heretofore made for the
128	expenditure of public funds toward the support, maintenance, and
129	preservation of any monument, memorial, or historic site which
130	under this chapter comes under the jurisdiction of the Division
131	of Recreation and Parks, to be expended by the division for the
132	administration, improvement, and maintenance of state parks and
133	historic memorials by this chapter placed under the jurisdiction
134	of the division and for the acquisition and development of lands
135	hereafter acquired for state park purposes.
136	(2)  The sum of $5.1 million received annually in the State
137	Park Trust Fund shall be transferred to the General Revenue
138	Fund. The funds shall be transmitted in equal monthly payments
139	until the total sum is received in the General Revenue Fund.
140	This subsection expires July 1, 2013.
141	Section 4.  Paragraph (b) of subsection (11) of section
142	259.032, Florida Statutes, is amended, and subsection (16) is
143	added to that section, to read:
144	259.032  Conservation and Recreation Lands Trust Fund;
145	purpose.--
146	(11)
147	(b)  An amount up to 1.5 percent of the cumulative total of
148	funds ever deposited into the Florida Preservation 2000 Trust
149	Fund and the Florida Forever Trust Fund shall be made available
150	for the purposes of management, maintenance, and capital
151	improvements not eligible for funding pursuant to s. 11(e), Art.
152	VII of the State Constitution, and for associated contractual
153	services, for lands acquired pursuant to this section, s.
154	259.101, s. 259.105, s. 259.1052, or previous programs for the
155	acquisition of lands for conservation and recreation, including
156	state forests, to which title is vested in the board of trustees
157	and other conservation and recreation lands managed by a state
158	agency. Of this amount, $250,000 shall be transferred annually
159	to the Plant Industry Trust Fund within the Department of
160	Agriculture and Consumer Services for the purpose of
161	implementing the Endangered or Threatened Native Flora
162	Conservation Grants Program pursuant to s. 581.185(11). Each
163	agency with management responsibilities shall annually request
164	from the Legislature funds sufficient to fulfill such
165	responsibilities. For the purposes of this paragraph, capital
166	improvements shall include, but need not be limited to,
167	perimeter fencing, signs, firelanes, access roads and trails,
168	and minimal public accommodations, such as primitive campsites,
169	garbage receptacles, and toilets. Any equipment purchased with
170	funds provided pursuant to this paragraph may be used for the
171	purposes described in this paragraph on any conservation and
172	recreation lands managed by a state agency.
173	(16)  The sum of $18.2 million received annually in the
174	Conservation and Recreation Lands Trust Fund shall be
175	transferred to the General Revenue Fund. The funds shall be
176	transmitted in equal monthly payments until the total sum is
177	received in the General Revenue Fund. This subsection expires
178	July 1, 2013.
179	Section 5.  Paragraph (b) of subsection (1), subsection
180	(2), and paragraphs (a), (b), (h), (j), and (k) of subsection
181	(3) of section 369.25, Florida Statutes, are amended to read:
182	369.25  Aquatic plants; definitions; permits; powers of
183	department; penalties.--
184	(1)  As used in this section, the term:
185	(b)  "Department" means the Department of Agriculture and
186	Consumer Services Environmental Protection.
187	(2)  No person shall engage in any business involving the
188	importation, transportation, nonnursery cultivation, collection,
189	sale, or possession of any aquatic plant species without a
190	permit issued by the department or the Department of Agriculture
191	and Consumer Services. No person shall import, transport,
192	nonnursery cultivate, collect, sell, or possess any noxious
193	aquatic plant listed on the prohibited aquatic plant list
194	established by the department without a permit issued by the
195	department or the Department of Agriculture and Consumer
196	Services. No permit shall be issued until the department
197	determines that the proposed activity poses no threat or danger
198	to the waters, wildlife, natural resources, or environment of
199	the state.
200	(3)  The department has the following powers:
201	(a)  To make such rules governing the importation,
202	transportation, nonnursery cultivation, collection, and
203	possession of aquatic plants as may be necessary for the
204	eradication, control, or prevention of the dissemination of
205	noxious aquatic plants that are not inconsistent with rules of
206	the Department of Environmental Protection and the Fish and
207	Wildlife Conservation Commission Agriculture and Consumer
208	Services.
209	(b)  To establish by rule lists of aquatic plant species
210	regulated under this section, including those exempted from such
211	regulation, provided the Department of Environmental Protection
212	Agriculture and Consumer Services and the Fish and Wildlife
213	Conservation Commission approve such lists prior to the lists
214	becoming effective.
215	(h)  To enter upon and inspect any facility or place,
216	except aquatic plant nurseries regulated by the Department of
217	Agriculture and Consumer Services, where aquatic plants are
218	cultivated, held, packaged, shipped, stored, or sold, or any
219	vehicle of conveyance of aquatic plants, to ascertain whether
220	the provisions of this section and department regulations are
221	being complied with, and to seize and destroy, without
222	compensation, any aquatic plants imported, transported,
223	cultivated, collected, or otherwise possessed in violation of
224	this section or department regulations.
225	(j)  To adopt rules requiring the revegetation of a site on
226	sovereignty lands where excessive collection has occurred.
227	(j)(k)  To enforce this chapter in the same manner and to
228	the same extent as provided in s. 581.211 ss. 403.121, 403.131,
229	403.141, and 403.161.
230	Section 6.  Section 369.251, Florida Statutes, is amended
231	to read:
232	369.251  Invasive nonnative plants; prohibitions; study;
233	removal; rules.--
234	(1)  A person may not sell, transport, collect, cultivate,
235	or possess any plant, including any part or seed, of the species
236	Melaleuca quinquenervia, Schinus terebinthifolius, Casuarina
237	equisetifolia, Casuarina glauca, or Mimosa pigra without a
238	permit from the Department of Agriculture and Consumer Services.
239	Any person who violates this section commits a misdemeanor of
240	the second degree, punishable by fine only, as provided in s.
241	775.083.
242	(2)  The Department of Agriculture and Consumer Services
243	shall study methods of control of plants of the species
244	Melaleuca quinquenervia, Schinus terebinthifolius, Casuarina
245	equisetifolia, Casuarina glauca, and Mimosa pigra. The South
246	Florida Water Management District shall undertake programs to
247	remove such plants from conservation area I, conservation area
248	II, and conservation area III of the district.
249	(3)  The Department of Agriculture and Consumer Services
250	has authority to adopt rules pursuant to ss. 120.536(1) and
251	120.54 to implement the provisions of this section. Possession
252	or transportation resulting from natural dispersion, mulching
253	operations, control and disposal, or use in herbaria or other
254	educational or research institutions, or for other reasons
255	determined by the Department of Agriculture and Consumer
256	Services to be consistent with this section and where there is
257	neither the danger of, nor intent to, further disperse any plant
258	species prohibited by this section, is not subject to the permit
259	or penalty provisions of this section.
260	Section 7.  Subsection (13) is added to section 373.59,
261	Florida Statutes, to read:
262	373.59  Water Management Lands Trust Fund.--
263	(13)  The sum of $30 million received annually in the Water
264	Management Lands Trust Fund shall be transferred to the General
265	Revenue Fund. The funds shall be transmitted in equal monthly
266	payments until the total sum is received in the General Revenue
267	Fund. This subsection expires July 1, 2013.
268	Section 8.  Subsection (7) is added to section 376.11,
269	Florida Statutes, to read:
270	376.11  Florida Coastal Protection Trust Fund.--
271	(7)  The sum of $1.3 million received annually in the
272	Florida Coastal Protection Trust Fund shall be transferred to
273	the General Revenue Fund. The funds shall be transmitted in
274	equal monthly payments until the total sum is received in the
275	General Revenue Fund. This subsection expires July 1, 2013.
276	Section 9.  Subsection (8) is added to section 376.307,
277	Florida Statutes, to read:
278	376.307  Water Quality Assurance Trust Fund.--
279	(8)  The sum of $2 million received annually in the Water
280	Quality Assurance Trust Fund shall be transferred to the General
281	Revenue Fund. The funds shall be transmitted in equal monthly
282	payments until the total sum is received in the General Revenue
283	Fund. This subsection expires July 1, 2013.
284	Section 10.  Subsection (15) is added to section 376.3071,
285	Florida Statutes, to read:
286	376.3071  Inland Protection Trust Fund; creation; purposes;
287	funding.--
288	(15)  TRANSFERS TO GENERAL REVENUE FUND.--The sum of $52.4
289	million received annually in the Inland Protection Trust Fund
290	shall be transferred to the General Revenue Fund. The funds
291	shall be transmitted in equal monthly payments until the total
292	sum is received in the General Revenue Fund. This subsection
293	expires July 1, 2013.
294	Section 11.  Section 403.0873, Florida Statutes, is amended
295	to read:
296	403.0873  Florida Air-Operation License Fee Account.--
297	(1)  The "Florida Air-Operation License Fee Account" is
298	established as a nonlapsing account within the Department of
299	Environmental Protection's Air Pollution Control Trust Fund. All
300	license fees paid pursuant to s. 403.0872(11) shall be deposited
301	in such account and must be used solely by the department and
302	approved local programs under the advice and consent of the
303	Legislature to pay the direct and indirect costs required to
304	develop and administer the major stationary source air-operation
305	permit program. Any approved local pollution control program
306	that accepts funds from the department as reimbursement for
307	services it performs in the implementation of the major source
308	air-operation permit program, receives delegation from the
309	department or the United States Environmental Protection Agency
310	for implementation of the major source air-operation permit
311	program, or performs functions, duties, or activities
312	substantially similar to or duplicative of the services
313	performed by the department or the United States Environmental
314	Protection Agency in the implementation of the major source air-
315	operation permit program is prohibited from collecting
316	additional fees attributable to such services from any source
317	permitted under s. 403.0872.
318	(2)  The sum of $1.1 million received annually in the Air
319	Pollution Control Trust Fund shall be transferred to the General
320	Revenue Fund. The funds shall be transmitted in equal monthly
321	payments until the total sum is received in the General Revenue
322	Fund. This subsection expires July 1, 2013.
323	Section 12.  Section 403.890, Florida Statutes, as amended
324	by chapter 2007-335, Laws of Florida, is amended to read:
325	403.890  Water Protection and Sustainability Program;
326	intent; goals; purposes.--
327	(1)  Effective July 1, 2008 2006, the sum of $62 million
328	received annually in revenues transferred from the Department of
329	Revenue pursuant to s. 201.15(1)(d)2. shall be deposited into
330	the Water Protection and Sustainability Program Trust Fund in
331	the Department of Environmental Protection. These revenues and
332	any other additional revenues deposited into or appropriated to
333	the Water Protection and Sustainability Program Trust Fund shall
334	be transferred to the General Revenue Fund. The remaining funds
335	shall be used exclusively distributed by the Department of
336	Environmental Protection in the following manner:
337	(a)  Sixty percent to the Department of Environmental
338	Protection for the implementation of an alternative water supply
339	program as provided in s. 373.1961.
340	(b)  Twenty percent for the implementation of best
341	management practices and capital project expenditures necessary
342	for the implementation of the goals of the total maximum daily
343	load program established in s. 403.067. Of these funds, 83.33 85
344	percent shall be transferred to the credit of the Department of
345	Environmental Protection Water Quality Assurance Trust Fund to
346	address water quality impacts associated with nonagricultural
347	nonpoint sources. Sixteen and sixty-seven hundredths Fifteen
348	percent of these funds shall be transferred to the Department of
349	Agriculture and Consumer Services General Inspection Trust Fund
350	to address water quality impacts associated with agricultural
351	nonpoint sources. These funds shall be used for research,
352	development, demonstration, and implementation of the total
353	maximum daily load program under s. 403.067, suitable best
354	management practices or other measures used to achieve water
355	quality standards in surface waters and water segments
356	identified pursuant to s. 303(d) of the Clean Water Act, Pub. L.
357	No. 92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best
358	management practices and other measures may include cost-share
359	grants, technical assistance, implementation tracking, and
360	conservation leases or other agreements for water quality
361	improvement. The Department of Environmental Protection and the
362	Department of Agriculture and Consumer Services may adopt rules
363	governing the distribution of funds for implementation of
364	capital projects, best management practices, and other measures.
365	These funds shall not be used to abrogate the financial
366	responsibility of those point and nonpoint sources that have
367	contributed to the degradation of water or land areas. Increased
368	priority shall be given by the department and the water
369	management district governing boards to those projects that have
370	secured a cost-sharing agreement allocating responsibility for
371	the cleanup of point and nonpoint sources. This subsection
372	expires July 1, 2013.
373	(c)  Ten percent shall be disbursed for the purposes of
374	funding projects pursuant to ss. 373.451-373.459 or surface
375	water restoration activities in water-management-district-
376	designated priority water bodies. The Secretary of Environmental
377	Protection shall ensure that each water management district
378	receives the following percentage of funds annually:
379	1.  Thirty-five percent to the South Florida Water
380	Management District;
381	2.  Twenty-five percent to the Southwest Florida Water
382	Management District;
383	3.  Twenty-five percent to the St. Johns River Water
384	Management District;
385	4.  Seven and one-half percent to the Suwannee River Water
386	Management District; and
387	5.  Seven and one-half percent to the Northwest Florida
388	Water Management District.
389	(d)  Ten percent to the Department of Environmental
390	Protection for the Disadvantaged Small Community Wastewater
391	Grant Program as provided in s. 403.1838.
392	(2)  Applicable Beginning in the 2013-2014 2007-2008 fiscal
393	year, revenues transferred from the Department of Revenue
394	pursuant to s. 201.15(1)(d)2. shall be deposited into the Water
395	Protection and Sustainability Program Trust Fund in the
396	Department of Environmental Protection. These revenues and any
397	other additional revenues deposited into or appropriated to the
398	Water Protection and Sustainability Program Trust Fund shall be
399	distributed by the Department of Environmental Protection in the
400	following manner:
401	(a)  Sixty-five percent to the Department of Environmental
402	Protection for the implementation of an alternative water supply
403	program as provided in s. 373.1961.
404	(b)  Twenty-two and five-tenths percent for the
405	implementation of best management practices and capital project
406	expenditures necessary for the implementation of the goals of
407	the total maximum daily load program established in s. 403.067.
408	Of these funds, 83.33 percent shall be transferred to the credit
409	of the Department of Environmental Protection Water Quality
410	Assurance Trust Fund to address water quality impacts associated
411	with nonagricultural nonpoint sources. Sixteen and sixty-seven
412	hundredths percent of these funds shall be transferred to the
413	Department of Agriculture and Consumer Services General
414	Inspection Trust Fund to address water quality impacts
415	associated with agricultural nonpoint sources. These funds shall
416	be used for research, development, demonstration, and
417	implementation of the total maximum daily load program under s.
418	403.067, suitable best management practices or other measures
419	used to achieve water quality standards in surface waters and
420	water segments identified pursuant to s. 303(d) of the Clean
421	Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
422	Implementation of best management practices and other measures
423	may include cost-share grants, technical assistance,
424	implementation tracking, and conservation leases or other
425	agreements for water quality improvement. The Department of
426	Environmental Protection and the Department of Agriculture and
427	Consumer Services may adopt rules governing the distribution of
428	funds for implementation of capital projects, best management
429	practices, and other measures. These funds shall not be used to
430	abrogate the financial responsibility of those point and
431	nonpoint sources that have contributed to the degradation of
432	water or land areas. Increased priority shall be given by the
433	department and the water management district governing boards to
434	those projects that have secured a cost-sharing agreement
435	allocating responsibility for the cleanup of point and nonpoint
436	sources.
437	(c)  Twelve and five-tenths percent to the Department of
438	Environmental Protection for the Disadvantaged Small Community
439	Wastewater Grant Program as provided in s. 403.1838.
440	(d)  On June 30, 2013 2009, and every 24 months thereafter,
441	the Department of Environmental Protection shall request the
442	return of all unencumbered funds distributed pursuant to this
443	section. These funds shall be deposited into the Water
444	Protection and Sustainability Program Trust Fund and
445	redistributed pursuant to the provisions of this section.
446	(3)  For fiscal year 2005-2006, funds deposited or
447	appropriated into the Water Protection and Sustainability
448	Program Trust Fund shall be distributed as follows:
449	(a)  One hundred million dollars to the Department of
450	Environmental Protection for the implementation of an
451	alternative water supply program as provided in s. 373.1961.
452	(b)  Funds remaining after the distribution provided for in
453	subsection (1) shall be distributed as follows:
454	1.  Fifty percent for the implementation of best management
455	practices and capital project expenditures necessary for the
456	implementation of the goals of the total maximum daily load
457	program established in s. 403.067. Of these funds, 85 percent
458	shall be transferred to the credit of the Department of
459	Environmental Protection Water Quality Assurance Trust Fund to
460	address water quality impacts associated with nonagricultural
461	nonpoint sources. Fifteen percent of these funds shall be
462	transferred to the Department of Agriculture and Consumer
463	Services General Inspection Trust Fund to address water quality
464	impacts associated with agricultural nonpoint sources. These
465	funds shall be used for research, development, demonstration,
466	and implementation of suitable best management practices or
467	other measures used to achieve water quality standards in
468	surface waters and water segments identified pursuant to s.
469	303(d) of the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss.
470	1251 et seq. Implementation of best management practices and
471	other measures may include cost-share grants, technical
472	assistance, implementation tracking, and conservation leases or
473	other agreements for water quality improvement. The Department
474	of Environmental Protection and the Department of Agriculture
475	and Consumer Services may adopt rules governing the distribution
476	of funds for implementation of best management practices. These
477	funds shall not be used to abrogate the financial responsibility
478	of those point and nonpoint sources that have contributed to the
479	degradation of water or land areas. Increased priority shall be
480	given by the department and the water management district
481	governing boards to those projects that have secured a cost-
482	sharing agreement allocating responsibility for the cleanup of
483	point and nonpoint sources.
484	2.  Twenty-five percent for the purposes of funding
485	projects pursuant to ss. 373.451-373.459 or surface water
486	restoration activities in water-management-district-designated
487	priority water bodies. The Secretary of Environmental Protection
488	shall ensure that each water management district receives the
489	following percentage of funds annually:
490	a.  Thirty-five percent to the South Florida Water
491	Management District;
492	b.  Twenty-five percent to the Southwest Florida Water
493	Management District;
494	c.  Twenty-five percent to the St. Johns River Water
495	Management District;
496	d.  Seven and one-half percent to the Suwannee River Water
497	Management District; and
498	e.  Seven and one-half percent to the Northwest Florida
499	Water Management District.
500	3.  Twenty-five percent to the Department of Environmental
501	Protection for the Disadvantaged Small Community Wastewater
502	Grant Program as provided in s. 403.1838.
503
504	Prior to the end of the 2008 Regular Session, the Legislature
505	must review the distribution of funds under the Water Protection
506	and Sustainability Program to determine if revisions to the
507	funding formula are required. At the discretion of the President
508	of the Senate and the Speaker of the House of Representatives,
509	the appropriate substantive committees of the Legislature may
510	conduct an interim project to review the Water Protection and
511	Sustainability Program and the funding formula and make written
512	recommendations to the Legislature proposing necessary changes,
513	if any.
514	(4)  In addition to the uses allowed in subsection (2) for
515	the 2007-2008 fiscal year, interest earnings accumulated in the
516	Water Protection and Sustainability Program Trust Fund shall be
517	transferred to the Ecosystem Management and Restoration Trust
518	Fund for grants and aids to local governments for water projects
519	as provided in the General Appropriations Act. This subsection
520	expires July 1, 2008.
521	Section 13.  Subsection (2) of section 581.145, Florida
522	Statutes, is amended to read:
523	581.145  Aquatic plant nursery registration; special permit
524	requirements.--
525	(2)  It shall be unlawful for any nursery or nursery stock
526	dealer to import, transport, cultivate, collect, sell, or
527	possess any noxious aquatic plant listed on the prohibited
528	aquatic plant list established by the department of
529	Environmental Protection in s. 369.25(3)(b) without a special
530	permit issued by the department.
531	(a)  No special permit shall be issued until the department
532	determines that the proposed activity poses no threat or danger
533	to the waters, wildlife, natural resources, agriculture, or
534	environment of the state.
535	(b)  The department may not issue a special permit with
536	respect to a prohibited aquatic plant species if the Department
537	of Environmental Protection prohibits the importation,
538	transportation, cultivation, collection, sale, or possession of
539	the species.
540	Section 14.  (1)  Except as otherwise provided in
541	subsection (2), all of the powers, duties, functions, records,
542	personnel, and property; unexpended balances of appropriations,
543	allocations, and other funds; administrative authority;
544	administrative rules; pending issues; and existing contracts of
545	the Bureau of Invasive Plant Management in the Department of
546	Environmental Protection are transferred by a type two transfer,
547	pursuant to s. 20.06(2), Florida Statutes, to the Fish and
548	Wildlife Conservation Commission.
549	(2)  The statutory powers, duties, and functions of the
550	Bureau of Invasive Plant Management in the Department of
551	Environmental Protection under ss. 369.25 and 369.251, Florida
552	Statutes, are transferred to the Department of Agriculture and
553	Consumer Services.
554	Section 15.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.