HB 723

1	A bill to be entitled
2	An act relating to Hillsborough County; amending chapter
3	84-446, Laws of Florida, as amended; revising legislative
4	intent and purpose relating to the membership of the
5	Hillsborough County Environmental Protection Commission;
6	revising definitions; providing for termination of current
7	membership; providing for appointment of new and alternate
8	members; providing terms of office; providing for the
9	filling of vacancies; amending chapter 97-351, Laws of
10	Florida; revising the membership of the governing body of
11	the Hillsborough County City-County Planning Commission;
12	amending chapter 82-306, Laws of Florida, as amended;
13	revising the membership of the Tampa Sports Authority;
14	providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Sections 2, 3, and 4 of chapter 84-446, Laws of
19	Florida, as amended by chapter 87-495, Laws of Florida, are
20	amended to read:
21	Section 2.  Declaration of legislative intent.--The
22	Legislature finds and declares that the reasonable control and
23	regulation of activities which are causing or may reasonably be
24	expected to cause pollution or contamination of air, water,
25	soil, and property, or cause excessive and unnecessary noise may
26	be necessary for the protection and preservation of the public
27	health, safety, and welfare. It is the intent and purpose of
28	this act to designate five members of the board of county
29	commissioners and additional members from each of the
30	municipalities within the county as the environmental protection
31	commission of Hillsborough County to provide and maintain for
32	the citizens and visitors of said county standards which will
33	insure the purity of all waters and soils consistent with public
34	health and public enjoyment thereof, the propagation and
35	protection of wildlife, birds, game, fish, and other aquatic
36	life, atmospheric purity and freedom of the air from
37	contaminants or synergistic agents injurious to human, plant, or
38	animal life, and freedom from excessive and unnecessary noise
39	which unreasonably interferes with the comfortable enjoyment of
40	life or property or the conduct of business.
41	Section 3.  Definitions.--As used in this act and said
42	rules adopted by the commission and regulations, the following
43	words and phrases shall have the following meanings, unless some
44	other meaning is plainly indicated:
45	(1)  "County" means Hillsborough County, Florida.
46	(2)  "Air contaminants" means a particulate matter as
47	defined herein, gas, or odor, including, but not limited to,
48	smoke, charred paper, dust, soot, grime, carbon, or any other
49	particulate matter, or irritating, malodorous, or noxious acids,
50	fumes, or gases, or any combination thereof, but does shall not
51	include uncombined water vapor.
52	(3)  "Air pollution" means the presence in the outdoor
53	atmosphere of one or more air contaminants or combination
54	thereof in such quantities and of such duration as to be
55	injurious to human, plant, or animal life, or property, or which
56	unreasonably interfere with the comfortable enjoyment of life or
57	property or the conduct of business.
58	(4)  "Dusts" means minute solid particles released into the
59	air by natural forces or by mechanical processes, including, but
60	not limited to, crushing, grinding, milling, drilling,
61	demolishing, shoveling, conveying, covering, bagging, and
62	sweeping.
63	(5)  "Emission" means the act of passing into the
64	atmosphere an air contaminant or gas stream which contains or
65	may contain an air contaminant, or the material so passed to the
66	atmosphere.
67	(6)  "Gas" means a formless fluid which occupies space and
68	which can be changed to a liquid or solid state only by
69	increasing pressure with decreased or controlled temperature, or
70	by decreased temperature with increased or controlled pressure.
71	(7)  "Mist" means a suspension of any finely divided liquid
72	in any gas.
73	(8)  "Nuisance" includes the use of any property,
74	facilities, equipment, processes, products, or compounds, or the
75	commission of any acts, that cause or materially contribute to:
76	(a)  The emission into the outdoor air of dust, fumes, gas,
77	mist, odor, smoke, vapor, or noise, or any combination thereof,
78	of such character and in such quantity or level as to be
79	detectable by a considerable number of persons or the public, so
80	as to interfere with such person or the public health, repose,
81	or safety by causing severe annoyance or discomfort, tending to
82	lessen normal food and water intake, producing irritation of the
83	upper respiratory tract, producing symptoms of nausea, or being
84	offensive or objectionable to or causing injury or damage to
85	real property, personal property, or human, animal, or plant
86	life of any kind; or which interferes with the normal conduct of
87	business or is detrimental or harmful to the health, comfort,
88	living conditions, welfare, and safety of the inhabitants of the
89	county.
90	(b)  The discharge into any of the waters of the county of
91	any organic or inorganic matter or deleterious substances or
92	chemical compounds or thermal energy, or any effluent containing
93	the foregoing, in such quantities, proportions, or accumulations
94	as to be detectable at any point beyond the property limits of
95	the premises occupied or used by the person responsible for the
96	source thereof, so as to interfere with the health, repose, or
97	safety of any considerable number of persons or the public by
98	causing severe annoyance or discomfort, tending to lessen normal
99	food and water intake, producing symptoms of nausea, or being
100	offensive or objectionable to or causing injury or damage to
101	real property, personal property, or human, plant, or animal
102	life of any kind; or which interferes with the normal conduct of
103	business or is detrimental or harmful to the health, comfort,
104	living conditions, welfare, and safety of the inhabitants of the
105	county.
106	(c)  The placement in or upon any soils of the county or
107	the maintenance of any accumulation in or upon any soils of the
108	county of any organic or inorganic matter, garbage, rubbish,
109	refuse, or other solid or semi-solid material of a deleterious
110	nature in such quantities, proportions, or accumulations as to
111	be detectable beyond the property limits of the premises, so as
112	to interfere with the health, repose, or safety of any
113	considerable number of persons or the public by causing severe
114	annoyance or discomfort, or being offensive or objectionable to
115	or causing injury or damage to real property, personal property,
116	or human, animal, or plant life of any kind; or which interferes
117	with the normal conduct of business or is detrimental or harmful
118	to the health, comfort, living conditions, welfare, and safety
119	of the inhabitants of the county.
120	(d)  Any violation of the provisions of the act which
121	becomes detrimental to health or threatens danger to the safety
122	of persons or property, or gives offense to, is injurious to, or
123	endangers the public health and welfare, or prevents the
124	reasonable and comfortable use and enjoyment of property by any
125	considerable number of the public.
126	(9)  "Odor" means that property of a substance which
127	materially offends the sense of smell.
128	(10)  "Particulate matter" means any material which, at
129	standard conditions, is emitted into the atmosphere in a finely
130	divided form as liquid or solid or both, but shall not include
131	uncombined water vapor.
132	(11)  "Person" includes any natural person, individual,
133	public or private corporation, firm, association, joint venture,
134	partnership, municipality, governmental agency, political
135	subdivision, public officer, or any other entity whatsoever, or
136	any combination of such, jointly or severally.
137	(12)  "Smoke" means the solid particles produced by
138	incomplete combustion of organic substances, including, but not
139	limited to, particles, fly ash, cinders, tarry matter, soot, and
140	carbon.
141	(13)  "Vapor" means any mixed material in a gaseous state
142	which is formed from a substance, usually a liquid, by increased
143	temperature.
144	(14)  "Waste discharge" means any outfall, ditch, pipe,
145	soakage pit, drainage well, drainfield, or any other method or
146	device by which treated or untreated sewage, industrial wastes,
147	or other wastes can enter the surface waters, tidal salt waters,
148	or ground waters, so as to cause water pollution as herein
149	defined.
150	(15)  "Water pollution" means any contamination,
151	destruction, or other alteration, or any activity which
152	contributes to such contamination, destruction, or other
153	alteration, of any physical, chemical, or biological feature or
154	property of any waters of the county, including change in
155	temperature, taste, color, turbidity, or odor of the waters; or
156	such discharge of any liquid, gaseous, solid, radioactive, or
157	other substance into any waters of the county as will create or
158	may reasonably be expected to create a nuisance or render such
159	waters harmful, detrimental, or injurious to public health,
160	safety, or welfare, or to domestic, commercial, industrial,
161	agricultural, recreational, or other legitimate beneficial uses,
162	or to livestock, wild animals, birds, fish, or other aquatic
163	life.
164	(16)  "Open burning" means any fire wherein the products of
165	combustion are emitted into the open air, and are not directed
166	thereto through a stack or chimney.
167	(17)  "Rules and regulations" means rules and regulations
168	adopted pursuant to this act.
169	(18)  "Board" means the Board of County Commissioners of
170	Hillsborough County.
171	(19)  "Commission" means the Environmental Protection
172	Commission of Hillsborough County.
173	(20)  "Hearing officer" means that person appointed by the
174	commission in the manner prescribed herein.
175	(21)  "Noise pollution" means the presence of noise in
176	excessive or unnecessary amount or of such duration, wave
177	frequency, or intensity as to be injurious to human or animal
178	life or property; or which unreasonably interferes with the
179	comfortable enjoyment of life or property, or other conduct of
180	business.
181	(22)  "To mitigate" or "mitigation" means activity designed
182	and technologically demonstrated as practical to restore,
183	create, or replace the environmental functions provided by an
184	area before pollution occurred.
185	(23)  "Municipality" means a municipality created pursuant
186	to general or special law authorized pursuant to s. 2 or s. 6,
187	Art. VIII of the State Constitution.
188	Section 4.  Creation of Hillsborough County Environmental
189	Protection Commission.--The Environmental Protection Commission
190	is hereby created and established. The commission shall consist
191	of nine members, including five members from the board,
192	appointed by the board; two members from the City of Tampa City
193	Council, appointed by that council; one member from the City
194	Commission of Plant City, appointed by that commission; and one
195	member from the City of Temple Terrace City Council, appointed
196	by that council. Each such governing body shall also appoint an
197	alternate member to the commission who shall serve during the
198	absence of any regular member. All members of the board on July
199	1, 2009, are removed from the commission, and five shall then be
200	reappointed for initial terms in accordance with this act. Each
201	member shall serve without compensation, and the term of the
202	office shall be for a period of 2 years except that initial
203	appointments shall be made for a term to coincide with the time
204	period remaining until the next organizational session of each
205	respective governing body or the next date on which such
206	appointments are customarily made, whichever is applicable. If a
207	member of the commission for any reason discontinues service on
208	the governing body that made the appointment, that body shall
209	appoint another of its members to serve on the commission for
210	the remaining term of the person who has left the governing body
211	the duly elected members of the Hillsborough County Board of
212	County Commissioners.
213	Section 2.  Paragraph (a) of subsection (1) of section 3 of
214	chapter 97-351, Laws of Florida, is amended to read:
215	Section 3.  Governing body; meetings.--
216	(1)  The commission shall be constituted as follows:
217	(a)  Five Four members appointed by the Board of County
218	Commissioners of Hillsborough County, with the term of the fifth
219	member beginning September 30, 2009.
220	Section 3.  Subsections (a) and (c) of section 3 of chapter
221	82-306, Laws of Florida, as amended by chapter 96-520, Laws of
222	Florida, are amended to read:
223	Section 3.  MEMBERSHIP AND ORGANIZATION.  The Authority
224	shall consist of a board of 11 members.
225	(a)1.  Three Four of the members shall be residents of the
226	City of Tampa, appointed by the mayor with the concurrence of
227	the city council. The mayor shall designate the city-appointed
228	member who will be eliminated on July 1, 2009. If the mayor has
229	not designated such member before the first meeting of the
230	authority after the effective date of this act, such member
231	shall be designated by a drawing of straws by the city
232	appointees present at such first meeting. If one or more city
233	members are absent from such first meeting, a noncity member or
234	members shall be designated by the executive director to draw
235	such straws on behalf of any absent. The member or member
236	represented by the designee drawing the shortest straw shall
237	then be eliminated from the membership of the authority.
238	2.  Four of the members shall be residents of Hillsborough
239	County, except that any member appointed after June 30, 2009,
240	shall be a resident of unincorporated Hillsborough County,
241	appointed by the board of county commissioners.
242	3.  One of the members shall be a resident of Hillsborough
243	County, and appointed by the Governor.
244	(c)  Three Two members shall be the following ex officio
245	members who shall have the same full membership in every
246	respect, including voting rights, as each of the other eight
247	nine members: A member of the city council of the City of Tampa,
248	to be designated by it; and two members a member of the board of
249	county commissioners of Hillsborough County, to be designated by
250	it, with the new position being filled as soon after July 1,
251	2009, as practicable by a member of the board of county
252	commissioners, to be designated by it.
253	Section 4.  This act shall take effect July 1, 2009.

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