HB 1349

1	A bill to be entitled
2	An act relating to environmental protection; amending s.
3	253.034, F.S.; establishing a date by which land
4	management plans for conservation lands must contain
5	certain outcomes, goals, and elements; amending s.
6	253.111, F.S.; deleting a 40-day timeframe for a board of
7	county commissioners to decide whether to acquire county
8	land being sold by the Board of Trustees of the Internal
9	Improvement Trust Fund; amending s. 259.035, F.S.;
10	increasing the maximum number of terms of appointed
11	members of the Acquisition and Restoration Council;
12	clarifying that vacancies in the unexpired term of
13	appointed members shall be filled in the same manner as
14	the original appointment; requiring a majority vote of the
15	council for certain decisions; amending s. 259.037, F.S.;
16	establishing certain dates by which agencies managing
17	certain lands must submit certain reports and lists to the
18	Land Management Uniform Accounting Council; amending s.
19	259.105, F.S.; providing that the certain proceeds from
20	the Florida Forever Trust Fund shall be spent on certain
21	capital projects within a year after acquisition rather
22	than only at the time of acquisition; requiring a majority
23	vote of the Acquisition and Restoration Council for
24	certain decisions; amending s. 253.12, F.S.; clarifying
25	that title to certain sovereignty lands which were
26	judicially adjudicated are excluded from automatically
27	becoming private property; amending s. 373.427, F.S.;
28	increasing the amount of time for filing a petition for an
29	administrative hearing on an application to use board of
30	trustees-owned submerged lands; amending s. 403.0876,
31	F.S.; providing that the Department of Environmental
32	Protection's failure to approve or deny certain air
33	construction permits within 90 days does not automatically
34	result in approval or denial; amending s. 403.121, F.S.;
35	excluding certain air pollution violations from certain
36	departmental actions; clarifying when a respondent in an
37	administrative action is the prevailing party; revising
38	the penalties that may be assessed for violations
39	involving drinking water contamination, wastewater,
40	dredge, fill, or stormwater, mangrove trimming or
41	alterations, solid waste, air emission, and waste cleanup;
42	increasing fines relating to public water system
43	requirements; revising provisions relating to a limit on
44	the amount of a fine for a particular violation by certain
45	violators; amending ss. 712.03 and 712.04, F.S.; providing
46	an exception from an entitlement to marketable record
47	title to interests held by governmental entities;
48	providing an effective date.
49
50	Be It Enacted by the Legislature of the State of Florida:
51
52	Section 1.  Paragraphs (a) and (c) of subsection (5) of
53	section 253.034, Florida Statutes, are amended to read:
54	253.034  State-owned lands; uses.--
55	(5)  Each manager of conservation lands shall submit to the
56	Division of State Lands a land management plan at least every 10
57	years in a form and manner prescribed by rule by the board and
58	in accordance with the provisions of s. 259.032. Each manager of
59	conservation lands shall also update a land management plan
60	whenever the manager proposes to add new facilities or make
61	substantive land use or management changes that were not
62	addressed in the approved plan, or within 1 year of the addition
63	of significant new lands. Each manager of nonconservation lands
64	shall submit to the Division of State Lands a land use plan at
65	least every 10 years in a form and manner prescribed by rule by
66	the board. The division shall review each plan for compliance
67	with the requirements of this subsection and the requirements of
68	the rules established by the board pursuant to this section. All
69	land use plans, whether for single-use or multiple-use
70	properties, shall include an analysis of the property to
71	determine if any significant natural or cultural resources are
72	located on the property. Such resources include archaeological
73	and historic sites, state and federally listed plant and animal
74	species, and imperiled natural communities and unique natural
75	features. If such resources occur on the property, the manager
76	shall consult with the Division of State Lands and other
77	appropriate agencies to develop management strategies to protect
78	such resources. Land use plans shall also provide for the
79	control of invasive nonnative plants and conservation of soil
80	and water resources, including a description of how the manager
81	plans to control and prevent soil erosion and soil or water
82	contamination. Land use plans submitted by a manager shall
83	include reference to appropriate statutory authority for such
84	use or uses and shall conform to the appropriate policies and
85	guidelines of the state land management plan. Plans for managed
86	areas larger than 1,000 acres shall contain an analysis of the
87	multiple-use potential of the property, which analysis shall
88	include the potential of the property to generate revenues to
89	enhance the management of the property. Additionally, the plan
90	shall contain an analysis of the potential use of private land
91	managers to facilitate the restoration or management of these
92	lands. In those cases where a newly acquired property has a
93	valid conservation plan that was developed by a soil and
94	conservation district, such plan shall be used to guide
95	management of the property until a formal land use plan is
96	completed.
97	(a)  State lands shall be managed to ensure the
98	conservation of the state's plant and animal species and to
99	ensure the accessibility of state lands for the benefit and
100	enjoyment of all people of the state, both present and future.
101	Effective July 1, 2009, each land management plan must shall
102	provide a desired outcome, describe both short-term and long-
103	term management goals, and include measurable objectives for
104	achieving these to achieve those goals. Short-term goals must
105	shall be achievable within a 2-year planning period, and long-
106	term goals must shall be achievable within a 10-year planning
107	period. These short-term and long-term management goals shall be
108	the basis for all subsequent land management activities.
109	(c)  Effective July 1, 2009, the land management plan must,
110	shall at a minimum, contain the following elements:
111	1.  A physical description of the land.
112	2.  A quantitative data description of the land which
113	includes an inventory of forest and other natural resources;
114	exotic and invasive plants; hydrological features;
115	infrastructure, including recreational facilities; and other
116	significant land, cultural, or historical features. The
117	inventory must shall reflect the number of acres for each
118	resource and feature, as when appropriate. The inventory shall
119	be of such detail that objective measures and benchmarks can be
120	established for each tract of land and monitored during the
121	lifetime of the plan. All quantitative data collected must shall
122	be aggregated, standardized, collected, and presented in an
123	electronic format to allow for uniform management reporting and
124	analysis. The information collected by the Department of
125	Environmental Protection pursuant to s. 253.0325(2) shall be
126	available to the land manager and his or her assignee.
127	3.  A detailed description of each short-term and long-term
128	land management goal, the associated measurable objectives, and
129	the related activities that are to be performed to meet the land
130	management objectives. Each land management objective must be
131	addressed by the land management plan, and where practicable,
132	may not no land management objective shall be performed to the
133	detriment of the other land management objectives.
134	4.  A schedule of land management activities which contains
135	short-term and long-term land management goals and the related
136	measurable objective and activities. The schedule must shall
137	include for each activity a timeline for completing each
138	activity completion, quantitative measures, and detailed expense
139	and manpower budgets. The schedule must shall provide a
140	management tool that facilitates the development of performance
141	measures.
142	5.  A summary budget for the scheduled land management
143	activities of the land management plan. For state lands
144	containing or anticipated to contain imperiled species habitat,
145	the summary budget must shall include any fees anticipated from
146	public or private entities for projects to offset adverse
147	impacts to imperiled species or such habitat, which fees shall
148	be used solely to restore, manage, enhance, repopulate, or
149	acquire imperiled species habitat. The summary budget must shall
150	be prepared in a such manner that it facilitates computing an
151	aggregate of land management costs for all state-managed lands
152	using the categories described in s. 259.037(3).
153	Section 2.  Subsection (2) of section 253.111, Florida
154	Statutes, is amended to read:
155	253.111  Notice to board of county commissioners before
156	sale.--The Board of Trustees of the Internal Improvement Trust
157	Fund of the state may not sell any land to which they hold title
158	unless and until they afford an opportunity to the county in
159	which such land is situated to receive such land on the
160	following terms and conditions:
161	(2)  The board of county commissioners of the county in
162	which such land is situated shall, within 40 days after receipt
163	of such notification from the board, determine by resolution
164	whether or not it proposes to acquire such land.
165	Section 3.  Subsections (1), (2), and (5) of section
166	259.035, Florida Statutes, are amended to read:
167	259.035  Acquisition and Restoration Council.--
168	(1)  There is created the Acquisition and Restoration
169	Council.
170	(a)  The council shall be composed of eleven voting
171	members, of which six members shall be appointed pursuant to
172	paragraphs (a), (b), and (c) four of whom shall be appointed by
173	the Governor. The appointed members shall be appointed Of these
174	four appointees, three shall be from scientific disciplines
175	related to land, water, or environmental sciences and the fourth
176	shall have at least 5 years of experience in managing lands for
177	both active and passive types of recreation. They shall serve 4-
178	year terms, except that, initially, to provide for staggered
179	terms, two of the appointees shall serve 2-year terms. All
180	subsequent appointments shall be for 4-year staggered terms. An
181	No appointee may not shall serve more than two terms 6 years. A
182	vacancy shall be filled for the remainder of an unexpired term
183	in the same manner as the original appointment. The Governor may
184	at any time fill a vacancy for the unexpired term of a member
185	appointed under this paragraph.
186	(a)  Four members shall be appointed by the Governor. Of
187	these, three members shall be from scientific disciplines
188	related to land, water, or environmental sciences and the fourth
189	member must have at least 5 years of experience in managing
190	lands for both active and passive types of recreation.
191	(b)  One member shall be appointed by the Commissioner of
192	Agriculture from a discipline related to agriculture including
193	silviculture.
194	(c)  One member shall be appointed by the Fish and Wildlife
195	Conservation Commission from a discipline related to wildlife
196	management or wildlife ecology.
197	(d)(b)  The five remaining members appointees shall be
198	composed of the Secretary of Environmental Protection, the
199	director of the Division of Forestry of the Department of
200	Agriculture and Consumer Services, the executive director of the
201	Fish and Wildlife Conservation Commission, the director of the
202	Division of Historical Resources of the Department of State, and
203	the secretary of the Department of Community Affairs, or their
204	respective designees.
205	(c)  One member shall be appointed by the Commissioner of
206	Agriculture with a discipline related to agriculture including
207	silviculture. One member shall be appointed by the Fish and
208	Wildlife Conservation Commission with a discipline related to
209	wildlife management or wildlife ecology.
210	(e)(d)  The Governor shall appoint the chair of the
211	council, and a vice chair shall be elected from among the
212	members.
213	(f)(e)  The council shall hold periodic meetings at the
214	request of the chair.
215	(g)(f)  The Department of Environmental Protection shall
216	provide primary staff support to the council and shall ensure
217	that council meetings are electronically recorded. Such
218	recording must shall be preserved pursuant to chapters 119 and
219	257.
220	(h)(g)  The board of trustees may has authority to adopt
221	rules pursuant to administer ss. 120.536(1) and 120.54 to
222	implement the provisions of this section.
223	(2)  The six appointed four members of the council
224	appointed pursuant to paragraph (a) and the two members of the
225	council appointed pursuant to paragraph (c) shall receive
226	reimbursement for expenses and per diem for travel, to attend
227	council meetings, as allowed state officers and employees while
228	in the performance of their duties, pursuant to s. 112.061.
229	(5)  A majority vote An affirmative vote of five members of
230	the council is required in order to change a project boundary or
231	to place a proposed project on a list developed pursuant to
232	subsection (4). Any member of the council who by family or a
233	business relationship has a connection with all or a portion of
234	any proposed project shall declare the interest before voting on
235	its inclusion on a list.
236	Section 4.  Paragraph (b) of subsection (3) and subsection
237	(6) of section 259.037, Florida Statutes, are amended to read:
238	259.037  Land Management Uniform Accounting Council.--
239	(3)
240	(b)  Beginning July 1, 2009, each reporting agency shall
241	also:
242	1.  Include a report of the available public use
243	opportunities for each management unit of state land, the total
244	management cost for public access and public use, and the cost
245	associated with each use option.
246	2.  List the acres of land requiring minimal management
247	effort, moderate management effort, and significant management
248	effort pursuant to s. 259.032(11)(c). For each category created
249	in paragraph (a), the reporting agency shall include the amount
250	of funds requested, the amount of funds received, and the amount
251	of funds expended for land management.
252	3.  List acres managed and cost of management for each
253	park, preserve, forest, reserve, or management area.
254	4.  List acres managed, cost of management, and lead
255	manager for each state lands management unit for which secondary
256	management activities were provided.
257	5.  Include a report of the estimated calculable financial
258	benefits to the public for the ecosystem services provided by
259	conservation lands, based on the best readily available
260	information or science that provides a standard measurement
261	methodology to be consistently applied by the land managing
262	agencies. Such information may include, but need not be limited
263	to, the value of natural lands for protecting the quality and
264	quantity of drinking water through natural water filtration and
265	recharge, contributions to protecting and improving air quality,
266	benefits to agriculture through increased soil productivity and
267	preservation of biodiversity, and savings to property and lives
268	through flood control.
269	(6)  Beginning July 1, 2010 Biennially, each reporting
270	agency shall biennially also submit an operational report for
271	each management area along with the an approved management plan
272	that was approved by the board of trustees pursuant to ss.
273	253.034(5) and 259.032(10). The report should assess the
274	progress toward achieving short-term and long-term management
275	goals of the approved management plan, including all land
276	management activities, and identify any deficiencies in
277	management and corrective actions to address identified
278	deficiencies as appropriate. This report shall be submitted to
279	the Acquisition and Restoration Council and the division for
280	inclusion in its annual report required pursuant to s. 259.036.
281	Section 5.  Paragraphs (b), (e), (f), (g), and (h) of
282	subsection (3) and subsection (13) of section 259.105, Florida
283	Statutes, are amended to read:
284	259.105  The Florida Forever Act.--
285	(3)  Less the costs of issuing and the costs of funding
286	reserve accounts and other costs associated with bonds, the
287	proceeds of cash payments or bonds issued pursuant to this
288	section shall be deposited into the Florida Forever Trust Fund
289	created by s. 259.1051. The proceeds shall be distributed by the
290	Department of Environmental Protection in the following manner:
291	(b)  Thirty-five percent to the Department of Environmental
292	Protection for the acquisition of lands and capital project
293	expenditures described in this section. Of the proceeds
294	distributed pursuant to this paragraph, it is the intent of the
295	Legislature that an increased priority be given to those
296	acquisitions which achieve a combination of conservation goals,
297	including protecting Florida's water resources and natural
298	groundwater recharge. At a minimum, 3 percent, and no more than
299	10 percent, of the funds allocated pursuant to this paragraph
300	shall be spent on capital project expenditures identified in the
301	management prospectus prepared pursuant to s. 259.032(9)(d)
302	during the time of acquisition, or in the management plan
303	prepared pursuant to s. 259.032(10) within 1 year after
304	acquisition. Such capital projects must which meet land
305	management planning activities necessary for public access.
306	(e)  One and five-tenths percent to the Department of
307	Environmental Protection for the purchase of inholdings and
308	additions to state parks and for capital project expenditures as
309	described in this section. At a minimum, 1 percent, and no more
310	than 10 percent, of the funds allocated pursuant to this
311	paragraph shall be spent on capital project expenditures
312	identified in the management prospectus prepared pursuant to s.
313	259.032(9)(d) during the time of acquisition, or in the
314	management plan prepared pursuant to s. 259.032(10) within 1
315	year after acquisition. Such capital projects must which meet
316	land management planning activities necessary for public access.
317	For the purposes of this paragraph, the term "state park" means
318	any real property in the state which is under the jurisdiction
319	of the Division of Recreation and Parks of the department, or
320	which may come under its jurisdiction.
321	(f)  One and five-tenths percent to the Division of
322	Forestry of the Department of Agriculture and Consumer Services
323	to fund the acquisition of state forest inholdings and additions
324	pursuant to s. 589.07, the implementation of reforestation plans
325	or sustainable forestry management practices, and for capital
326	project expenditures as described in this section. At a minimum,
327	1 percent, and no more than 10 percent, of the funds allocated
328	for the acquisition of inholdings and additions pursuant to this
329	paragraph shall be spent on capital project expenditures
330	identified in the management prospectus prepared pursuant to s.
331	259.032(9)(d) during the time of acquisition, or in the
332	management plan prepared pursuant to s. 259.032(10) within 1
333	year after acquisition. Such capital projects must which meet
334	land management planning activities necessary for public access.
335	(g)  One and five-tenths percent to the Fish and Wildlife
336	Conservation Commission to fund the acquisition of inholdings
337	and additions to lands managed by the commission which are
338	important to the conservation of fish and wildlife and for
339	capital project expenditures as described in this section. At a
340	minimum, 1 percent, and no more than 10 percent, of the funds
341	allocated pursuant to this paragraph shall be spent on capital
342	project expenditures identified in the management prospectus
343	prepared pursuant to s. 259.032(9)(d) during the time of
344	acquisition, or in the management plan prepared pursuant to s.
345	259.032(10) within 1 year after acquisition. Such capital
346	projects must which meet land management planning activities
347	necessary for public access.
348	(h)  One and five-tenths percent to the Department of
349	Environmental Protection for the Florida Greenways and Trails
350	Program, to acquire greenways and trails or greenways and trail
351	systems pursuant to chapter 260, including, but not limited to,
352	abandoned railroad rights-of-way and the Florida National Scenic
353	Trail and for capital project expenditures as described in this
354	section. At a minimum, 1 percent, and no more than 10 percent,
355	of the funds allocated pursuant to this paragraph shall be spent
356	on capital project expenditures identified in the management
357	prospectus prepared pursuant to s. 259.032(9)(d) during the time
358	of acquisition, or in the management plan prepared pursuant to
359	s. 259.032(10) within 1 year after acquisition. Such capital
360	projects must which meet land management planning activities
361	necessary for public access.
362	(13)  A majority vote An affirmative vote of five members
363	of the Acquisition and Restoration Council is shall be required
364	in order to place a proposed project on the list developed
365	pursuant to subsection (8). Any member of the council who by
366	family or a business relationship has a connection with any
367	project proposed to be ranked shall declare such interest before
368	prior to voting for a project's inclusion on the list.
369	Section 6.  Subsection (10) of section 253.12, Florida
370	Statutes, is amended to read:
371	253.12  Title to tidal lands vested in state.--
372	(10)  Subsection (9) does shall not operate to affect the
373	title to lands which have been judicially adjudicated or which
374	were the subject of litigation pending on January 1, 1993,
375	involving title to such lands. Further, the provisions of
376	subsection (9) do shall not apply to spoil islands or nor to any
377	lands that which are included on an official acquisition list,
378	on July 1, 1993, of a state agency or water management district
379	for conservation, preservation, or recreation, nor to lands
380	maintained as state or local recreation areas or shore
381	protection structures, or to sovereignty lands that were filled
382	before July 1, 1975, by any governmental entity for a public
383	purpose or pursuant to proprietary authorization from the Board
384	of Trustees of the Internal Improvement Trust Fund.
385	Section 7.  Paragraph (c) of subsection (2) of section
386	373.427, Florida Statutes, is amended to read:
387	373.427  Concurrent permit review.--
388	(2)  In addition to the provisions set forth in subsection
389	(1) and notwithstanding s. 120.60, the procedures established in
390	this subsection shall apply to concurrently reviewed
391	applications which request proprietary authorization to use
392	board of trustees-owned submerged lands for activities for which
393	there has been no delegation of authority to take final agency
394	action without action by the board of trustees.
395	(c)  Any petition for an administrative hearing pursuant to
396	ss. 120.569 and 120.57 must be filed within 21 14 days after of
397	the notice of consolidated intent to grant or deny. Unless
398	waived by the applicant, within 60 days after the recommended
399	order is submitted, or at the next regularly scheduled meeting
400	for which notice may be properly given, whichever is latest, the
401	board of trustees shall determine what action to take on a any
402	recommended order issued under ss. 120.569 and 120.57 on the
403	application to use board of trustees-owned submerged lands, and
404	shall direct the department or water management district on what
405	action to take in the final order concerning the application to
406	use board of trustees-owned submerged lands. The department or
407	water management district shall determine what action to take on
408	any recommended order issued under ss. 120.569 and 120.57
409	regarding any concurrently processed permits, waivers,
410	variances, or approvals required by this chapter or chapter 161.
411	The department or water management district shall then take
412	final agency action by entering a consolidated final order
413	addressing each of the concurrently reviewed authorizations,
414	permits, waivers, or approvals. Failure to satisfy these
415	timeframes may shall not result in approval by default of the
416	application to use board of trustees-owned submerged lands. Any
417	provisions relating to authorization to use such board of
418	trustees-owned submerged lands shall be as directed by the board
419	of trustees. Issuance of the consolidated final order within 45
420	days after receipt of the direction of the board of trustees
421	regarding the application to use board of trustees-owned
422	submerged lands is deemed in compliance with the timeframes for
423	issuance of final orders under s. 120.60. The final order is
424	shall be subject to the provisions of s. 373.4275.
425	Section 8.  Paragraph (c) of subsection (2) of section
426	403.0876, Florida Statutes, is amended to read:
427	403.0876  Permits; processing.--
428	(2)
429	(c)  The failure of the department to approve or deny an
430	application for an air construction permit for which a federally
431	delegated or approved program requires a public participation
432	period of 30 days or longer, or for an operation permit for a
433	major source of air pollution, as provided defined in s.
434	403.0872, within the 90-day time period may shall not result in
435	the automatic approval or denial of the permit and may shall not
436	prevent the inclusion of specific permit conditions that which
437	are necessary to ensure compliance with applicable statutes and
438	rules. If the department fails to approve or deny such an
439	operation permit for a major source of air pollution within the
440	90-day period specified in this section or in s. 403.0872, as
441	applicable, the applicant or a party who participated in the
442	public comment process may petition for a writ of mandamus to
443	compel the department to act.
444	Section 9.  Paragraphs (b) and (f) of subsection (2), and
445	subsections (3), (4), (5), and (9) of section 403.121, Florida
446	Statutes, are amended to read:
447	403.121  Enforcement; procedure; remedies.--The department
448	shall have the following judicial and administrative remedies
449	available to it for violations of this chapter, as specified in
450	s. 403.161(1).
451	(2)  Administrative remedies:
452	(b)  If the department has reason to believe a violation
453	has occurred, it may institute an administrative proceeding to
454	order the prevention, abatement, or control of the conditions
455	creating the violation or other appropriate corrective action.
456	Except for violations involving hazardous wastes, asbestos,
457	major sources of air pollution, or underground injection, the
458	department shall proceed administratively in all cases in which
459	the department seeks administrative penalties that do not exceed
460	$10,000 per assessment as calculated in accordance with
461	subsections (3), (4), (5), (6), and (7), and (9). Pursuant to 42
462	U.S.C. s. 300g-2, the administrative penalty assessed pursuant
463	to subsection (3), subsection (4), or subsection (5) against a
464	public water system serving a population of more than 10,000 may
465	shall be not be less than $1,000 per day per violation. The
466	department may shall not impose administrative penalties greater
467	than in excess of $10,000 in a notice of violation. The
468	department may shall not have more than one notice of violation
469	seeking administrative penalties pending against the same party
470	at the same time unless the violations occurred at a different
471	site or the violations were discovered by the department after
472	subsequent to the filing of a previous notice of violation.
473	(f)  In any administrative proceeding brought by the
474	department, the prevailing party shall recover all costs as
475	provided in ss. 57.041 and 57.071. The costs must be included in
476	the final order. The respondent is the prevailing party when a
477	final an order is entered which does not require the respondent
478	to perform any corrective actions or award any damages or
479	awarding no penalties to the department and such order has not
480	been reversed on appeal or the time for seeking judicial review
481	has expired. The respondent is shall be entitled to an award of
482	attorney's fees if the administrative law judge determines that
483	the notice of violation issued by the department seeking the
484	imposition of administrative penalties was not substantially
485	justified as defined in s. 57.111(3) s. 57.111(3)(e). An No
486	award of attorney's fees as provided by this subsection may not
487	shall exceed $15,000.
488	(3)  Except for violations involving hazardous wastes,
489	asbestos, major sources of air pollution, or underground
490	injection, administrative penalties must be in accordance with
491	calculated according to the following schedule:
492	(a)  For a drinking water contamination violation, the
493	department shall assess:
494	1.  A penalty of $2,000 for a maximum containment level
495	(MCL) violation; plus $1,000 if the violation is for a primary
496	inorganic, organic, or radiological maximum contaminant level or
497	it is a fecal coliform bacteria violation; plus $1,000 if the
498	violation occurs at a community water system; and plus $1,000 if
499	any maximum contaminant level is exceeded by more than 100
500	percent.
501	2.  A penalty of $4,000 for failure to maintain the
502	required minimum gauge pressure throughout the drinking water
503	distribution system.
504	3.  A penalty of $3,000 for failure to obtain a clearance
505	letter before prior to placing a drinking water system into
506	service if when the system would not have been eligible for
507	clearance, the department shall assess a penalty of $3,000. All
508	other failures to obtain a clearance letter before placing a
509	drinking water system into service shall result in a penalty of
510	$1,500.
511	4.  A penalty of $4,000 for failure to properly complete a
512	required public notice of violations, exceedances, or failures
513	that may pose an acute risk to human health. All other failures
514	to properly complete a required public notice relating to
515	maximum containment level violations shall result in a penalty
516	of $2,000.
517	5.  A penalty of $1,000 for failure to submit a consumer
518	confidence report to the department.
519	6.  A penalty of $2,000 for failure to provide or meet
520	licensed operator or staffing requirements at a drinking water
521	facility.
522	(b)  For wastewater violations, the department shall
523	assess:
524	1.  A penalty of $5,000 for failure to obtain a required
525	wastewater permit before construction or modification, other
526	than a permit required for surface water discharge.
527	2.  A penalty of $4,000 for failure to obtain a permit to
528	construct a domestic wastewater collection or transmission
529	system.
530	3.  A penalty of $1,000 for failure to renew obtain a
531	required wastewater permit, other than a permit required for
532	surface water discharge, the department shall assess a penalty
533	of $1,000.
534	4.  For a domestic or industrial wastewater violation not
535	involving a surface water or groundwater quality violation, the
536	department shall assess a penalty of $2,000 for an unpermitted
537	or unauthorized discharge or effluent-limitation exceedance.
538	5.  A penalty of $5,000 for an unpermitted or unauthorized
539	discharge or effluent-limitation exceedance that resulted in a
540	surface water or groundwater quality violation, the department
541	shall assess a penalty of $5,000.
542	6.  A penalty of $2,000 for failure to properly notify the
543	department of an unauthorized spill, discharge, or abnormal
544	event that may impact public health or the environment.
545	7.  A penalty of $2,000 for failure to provide or meet
546	requirements for licensed operators or staffing at a wastewater
547	facility.
548	(c)  For a dredge, and fill, or stormwater violation, the
549	department shall assess:
550	1.  A penalty of $1,000 for unpermitted or unauthorized
551	dredging, or filling, or unauthorized construction of a
552	stormwater management system against the person or persons
553	responsible; for the illegal dredging or filling, or
554	unauthorized construction of a stormwater management system plus
555	$2,000 if the dredging or filling occurs in an aquatic preserve,
556	Outstanding Florida Water, conservation easement, or Class I or
557	Class II surface water;, plus $1,000 if the area dredged or
558	filled is greater than one-quarter acre but less than or equal
559	to one-half acre;, and plus $1,000 if the area dredged or filled
560	is greater than one-half acre but less than or equal to one
561	acre; and plus $3,000 if the person or persons responsible
562	previously applied for or obtained authorization from the
563	department to dredge or fill within wetlands or surface waters.
564	2.  A penalty of $10,000 for dredge, fill, or stormwater
565	management system violations occurring in a conservation
566	easement.
567	3.  The administrative penalty schedule does shall not
568	apply to a dredge or and fill violation if the area dredged or
569	filled exceeds one acre. The department retains the authority to
570	seek the judicial imposition of civil penalties for all dredge
571	and fill violations involving more than one acre. The department
572	shall assess
573	4.  A penalty of $3,000 for the failure to complete
574	required mitigation, failure to record a required conservation
575	easement, or for a water quality violation resulting from
576	dredging or filling activities, stormwater construction
577	activities, or failure of a stormwater treatment facility.
578	5.  For stormwater management systems serving less than 5
579	acres, the department shall assess a penalty of $2,000 for the
580	failure to properly or timely construct a stormwater management
581	system.
582	6.  In addition to the penalties authorized in this
583	subsection, the department shall assess a penalty of $5,000 per
584	violation against the contractor or agent of the owner or tenant
585	that conducts unpermitted or unauthorized dredging or filling.
586	For purposes of this paragraph, the preparation or signing of a
587	permit application by a person currently licensed under chapter
588	471 to practice as a professional engineer does shall not make
589	that person an agent of the owner or tenant.
590	(d)  For mangrove trimming or alteration violations, the
591	department shall assess:
592	1.  A penalty of $5,000 per violation against any person
593	who violates ss. 403.9321-403.9333 the contractor or agent of
594	the owner or tenant that conducts mangrove trimming or
595	alteration without a permit as required by s. 403.9328. For
596	purposes of this paragraph, the preparation or signing of a
597	permit application by a person currently licensed under chapter
598	471 to practice as a professional engineer does shall not make
599	that person an agent of the owner or tenant.
600	2.  For second and subsequent violations of subparagraph
601	1., an additional penalty of $100 for each mangrove illegally
602	trimmed and $250 for each mangrove illegally altered, not to
603	exceed a total of $10,000.
604	3.  For second and subsequent violations of subparagraph 1.
605	by a professional mangrove trimmer, an additional penalty of
606	$250 for each mangrove illegally trimmed or altered, not to
607	exceed a total of $10,000.
608	(e)  For solid waste violations, the department shall
609	assess:
610	1.  A penalty of $2,000 for the unpermitted or unauthorized
611	disposal or storage of solid waste; plus $1,000 if the solid
612	waste is Class I or Class III (excluding yard trash) or if the
613	solid waste is construction and demolition debris in excess of
614	20 cubic yards;, plus $1,000 if the solid waste is disposed of
615	or stored in any natural or artificial body of water or within
616	500 feet of a potable water well; and, plus $1,000 if the solid
617	waste contains PCB at a concentration of 50 parts per million or
618	greater; untreated biomedical waste; more than 1 cubic meter of
619	regulated friable asbestos material that greater than 1 cubic
620	meter which is not wetted, bagged, and covered; more than 25
621	gallons of used oil greater than 25 gallons; or 10 or more lead
622	acid batteries.
623	2.  A penalty of $5,000 for failure to timely implement
624	evaluation monitoring or corrective actions in response to
625	adverse impacts to water quality at permitted facilities. The
626	department shall assess
627	3.  A penalty of $3,000 for failure to properly maintain
628	leachate control; unauthorized burning; failure to have a
629	trained spotter or trained operator on duty as required by
630	department rule at the working face when accepting waste;
631	failure to apply and maintain adequate initial, intermediate, or
632	final cover; failure to control or correct erosion resulting in
633	exposed waste; failure to implement a gas management system as
634	required by department rule; or failure to dispose of or process
635	unauthorized waste failure to provide access control for three
636	consecutive inspections. The department shall assess
637	4.  A penalty of $2,000 for failure to construct or
638	maintain a required stormwater management system; failure to
639	compact and slope waste as required by department rule; or
640	failure to maintain a small working face as required by
641	department rule.
642	5.  A penalty of $1,000 for failure to timely submit annual
643	updates required for financial assurance.
644	(f)  For an air emission violation, the department shall
645	assess a penalty of $1,000 for an unpermitted or unauthorized
646	air emission or an air-emission-permit exceedance;, plus $1,000
647	if the emission results in an air quality violation, plus $3,000
648	if the emission was from a major source and the source was major
649	for the pollutant in violation; and plus $1,000 if the emission
650	was more than 150 percent of the allowable level.
651	(g)  For storage tank system and petroleum contamination
652	violations, the department shall assess:
653	1.  A penalty of $5,000 for failure to empty a damaged
654	storage system as necessary to ensure that a release does not
655	occur until repairs to the storage system are completed; if when
656	a release has occurred from that storage tank system; for
657	failure to timely recover free product; for failure to submit a
658	complete site assessment report; or for failure to conduct
659	remediation or monitoring activities until a no-further-action
660	or site-rehabilitation completion order has been issued. The
661	department shall assess
662	2.  A penalty of $3,000 for failure to timely upgrade a
663	storage tank system or to timely assess or remediate petroleum
664	contamination. The department shall assess
665	3.   A penalty of $2,000 for failure to conduct or maintain
666	required release detection; failure to timely investigate a
667	suspected release from a storage system; depositing motor fuel
668	into an unregistered storage tank system; failure to timely
669	assess or remediate petroleum contamination; or failure to
670	properly install a storage tank system. The department shall
671	assess
672	4.  A penalty of $1,000 for failure to properly operate,
673	maintain, repair, or close a storage tank system.
674	(h)  For waste cleanup violations, the department shall
675	assess:
676	1.  A penalty of $5,000 for failure to timely assess or
677	remediate contamination; failure to provide notice of
678	contamination beyond property boundaries or complete an offsite
679	well survey; the use or injection of substances or materials to
680	surface water or groundwater for remediation purposes without
681	prior department approval; or for operation of a remedial
682	treatment system without prior approval by the department.
683	2.  A penalty of $3,000 for failure to timely submit a
684	complete site assessment report.
685	3.  A penalty of $500 for failure to timely submit any
686	other plans, reports, or other information required by a
687	department rule or order.
688	(4)  In an administrative proceeding, in addition to the
689	any penalties that may be assessed under subsection (3), or for
690	violations not otherwise listed in subsection (3), the
691	department shall assess administrative penalties according to
692	the following schedule:
693	(a)  For failure to satisfy financial responsibility
694	requirements or for violation of s. 377.371(1), $5,000.
695	(b)  For failure to properly install, operate, maintain, or
696	use a required pollution control, collection, treatment, or
697	disposal system or device, or failure to use appropriate best-
698	management practices or erosion and sediment controls, $4,000.
699	(c)  For failure to obtain a required permit or license
700	before construction or modification, $3,000 if the facility is
701	constructed, modified, or operated in compliance with applicable
702	requirements; or $5,000 if the facility is constructed,
703	modified, or operated out of compliance with applicable
704	requirements.
705	(d)  For failure to conduct required monitoring or testing;
706	failure to conduct required release detection; or failure to
707	construct in compliance with a permit, $2,000.
708	(e)  For failure to maintain required staff to respond to
709	emergencies; failure to conduct required training; failure to
710	prepare, maintain, or update required contingency plans; failure
711	to adequately respond to emergencies to bring an emergency
712	situation under control; or failure to submit required
713	notification to the department, $1,000.
714	(f)  Except as provided in subsection (2) with respect to
715	public water systems serving a population of more than 10,000,
716	for failure to prepare, submit, maintain, or use required
717	reports or other required documentation, $1,000 $500.
718	(5)  Except as provided in subsection (2) with respect to
719	public water systems serving a population of more than 10,000,
720	for failure to comply with any other departmental regulatory
721	statute or rule requirement not otherwise identified in this
722	section, the department may assess a penalty of $1,000 $500.
723	(9)  The administrative penalties assessed for any
724	particular violation may shall not exceed $5,000 against any one
725	violator, unless the violator has a history of noncompliance,
726	the violator received economic benefit from of the violation as
727	described in subsection (8) exceeds $5,000, or there are
728	multiday violations. The total administrative penalties may
729	shall not exceed $10,000 per assessment for all violations
730	attributable to a specific person in the notice of violation.
731	Section 10.  Subsection (9) is added to section 712.03,
732	Florida Statutes, to read:
733	712.03  Exceptions to marketability.--Such marketable
734	record title shall not affect or extinguish the following
735	rights:
736	(9)  Any right, title, or interest held by any governmental
737	entity, including, but not limited to, the Federal Government,
738	the state, any state agency, the Board of Trustees of the
739	Internal Improvement Trust Fund, any water management district
740	created pursuant to chapter 373, any county, any municipality,
741	any school district, any special district, or any other
742	political subdivision.
743	Section 11.  Section 712.04, Florida Statutes, is amended
744	to read:
745	712.04  Interests extinguished by marketable record
746	title.--Subject to the matters stated in s. 712.03, a such
747	marketable record title is shall be free and clear of all
748	estates, interests, claims, or charges whatsoever, the existence
749	of which depends upon any act, title transaction, event or
750	omission that occurred before prior to the effective date of the
751	root of title. All such estates, interests, claims, or charges,
752	however denominated, whether such estates, interests, claims, or
753	charges are or appear to be held or asserted by a person sui
754	juris or under a disability, whether such person is within or
755	without the state or, whether such person is natural or
756	corporate, or is private or governmental, are hereby declared to
757	be null and void, except that this chapter shall not be deemed
758	to affect any right, title, or interest of the United States,
759	Florida, or any of its officers, boards, commissions, or other
760	agencies reserved in the patent or deed by which the United
761	States, Florida, or any of its agencies parted with title.
762	Section 12.  This act shall take effect July 1, 2009.

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