GeoLawWatch: Tracking Weather & Climate Legislation

       Florida Senate - 2025                               CS for SB 56
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senators Garcia and Leek
       
       
       
       
       592-01940-25                                            202556c1
    1                        A bill to be entitled                      
    2         An act relating to geoengineering and weather
    3         modification activities; repealing ss. 403.281,
    4         403.291, 403.301, 403.311, 403.321, 403.331, 403.341,
    5         403.351, 403.361, 403.371, 403.381, 403.391, and
    6         403.401, F.S., relating to the definitions, purpose,
    7         licensing requirements, applications, proof of
    8         financial responsibility requirements, license
    9         issuance and discipline provisions, publication of
   10         notice of intention to operate requirements, required
   11         contents of the notice of intention, publication of
   12         the notice of intention requirements, proof of
   13         publication requirements, record and reports of
   14         operations requirements, provision of emergency
   15         licenses, and suspension or revocation of licenses,
   16         respectively, of the weather modification law;
   17         amending s. 403.411, F.S.; prohibiting certain acts
   18         intended to affect the temperature, the weather, or
   19         the intensity of sunlight within the atmosphere of
   20         this state; increasing civil penalties for violations
   21         of the geoengineering and weather modification law;
   22         requiring that specified moneys be deposited in the
   23         Air Pollution Control Trust Fund and used only for
   24         specified purposes; authorizing a person who observes
   25         a geoengineering or weather modification activity to
   26         report such activity; providing construction;
   27         authorizing the department to refer reports of such
   28         observations to the Department of Health or the
   29         Division of Emergency Management; authorizing the
   30         department to adopt rules; amending ss. 253.002,
   31         373.026, 373.1501, 373.4598, and 373.470, F.S.;
   32         conforming cross-references and provisions to changes
   33         made by the act; making technical changes; providing
   34         an effective date.
   35          
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Sections 403.281, 403.291, 403.301, 403.311,
   39  403.321, 403.331, 403.341, 403.351, 403.361, 403.371, 403.381,
   40  403.391, and 403.401, Florida Statutes, are repealed.
   41         Section 2. Section 403.411, Florida Statutes, is amended to
   42  read:
   43         403.411 Geoengineering and weather modification activities
   44  prohibited; penalty.—
   45         (1) The injection, release, or dispersion, by any means, of
   46  a chemical, a chemical compound, a substance, or an apparatus
   47  into the atmosphere within the borders of this state for the
   48  express purpose of affecting the temperature, weather, climate,
   49  or intensity of sunlight is prohibited.
   50         (2) Any person, including any public or private
   51  corporation, who conducts conducting a geoengineering or weather
   52  modification activity in violation of this section commits
   53  operation without first having procured a license, or who shall
   54  make a false statement in his or her application for license, or
   55  who shall fail to file any report or reports as required by this
   56  act, or who shall conduct any weather modification operation
   57  after revocation or suspension of his or her license, or who
   58  shall violate any other provision of this act, shall be guilty
   59  of a misdemeanor of the second degree, punishable as provided in
   60  s. 775.082 and by a fine not exceeding $100,000, or s. 775.083;
   61  and, if a corporation, the corporation commits shall be guilty
   62  of a misdemeanor of the second degree, punishable by a fine not
   63  exceeding $100,000 as provided in s. 775.083. Each such
   64  violation is shall be a separate offense.
   65         (3) All moneys collected pursuant to this section must be
   66  deposited in the Air Pollution Control Trust Fund and used only
   67  for purposes of air pollution control pursuant to this chapter.
   68         (4)(a) Any person who observes a geoengineering or weather
   69  modification activity conducted in violation of this section may
   70  report the observed violation to the department online or by
   71  telephone, mail, or e-mail.
   72         (b) The department shall establish an e-mail address and an
   73  online form for persons to report observed violations pursuant
   74  to this subsection. The department shall make the e-mail address
   75  and online form publicly accessible on its website.
   76         (c) The department may refer reports of observed violations
   77  made pursuant to this subsection to the Department of Health or
   78  the Division of Emergency Management when appropriate.
   79         (d) The department may adopt rules necessary to implement
   80  this subsection.
   81         Section 3. Subsection (1) of section 253.002, Florida
   82  Statutes, is amended to read:
   83         253.002 Department of Environmental Protection, water
   84  management districts, Fish and Wildlife Conservation Commission,
   85  and Department of Agriculture and Consumer Services; duties with
   86  respect to state lands.—
   87         (1) The Department of Environmental Protection shall
   88  perform all staff duties and functions related to the
   89  acquisition, administration, and disposition of state lands,
   90  title to which is or will be vested in the Board of Trustees of
   91  the Internal Improvement Trust Fund. However, upon the effective
   92  date of rules adopted pursuant to s. 373.427, a water management
   93  district created under s. 373.069 shall perform the staff duties
   94  and functions related to the review of any application for
   95  authorization to use board of trustees-owned submerged lands
   96  necessary for an activity regulated under part IV of chapter 373
   97  for which the water management district has permitting
   98  responsibility as set forth in an operating agreement adopted
   99  pursuant to s. 373.046(4). The Department of Agriculture and
  100  Consumer Services shall perform the staff duties and functions
  101  related to the review of applications and compliance with
  102  conditions for use of board of trustees-owned submerged lands
  103  under authorizations or leases issued pursuant to ss. 253.67
  104  253.75 and 597.010 and the acquisition, administration, and
  105  disposition of conservation easements pursuant to s. 570.71.
  106  Unless expressly prohibited by law, the board of trustees may
  107  delegate to the department any statutory duty or obligation
  108  relating to the acquisition, administration, or disposition of
  109  lands, title to which is or will be vested in the board of
  110  trustees. The board of trustees may also delegate to any water
  111  management district created under s. 373.069 the authority to
  112  take final agency action, without any action on behalf of the
  113  board, on applications for authorization to use board of
  114  trustees-owned submerged lands for any activity regulated under
  115  part IV of chapter 373 for which the water management district
  116  has permitting responsibility as set forth in an operating
  117  agreement adopted pursuant to s. 373.046(4). This water
  118  management district responsibility under this subsection is
  119  shall be subject to the department’s general supervisory
  120  authority pursuant to s. 373.026(6) s. 373.026(7). The board of
  121  trustees may also delegate to the Department of Agriculture and
  122  Consumer Services the authority to take final agency action on
  123  behalf of the board on applications to use board of trustees
  124  owned submerged lands for any activity for which that department
  125  has responsibility pursuant to ss. 253.67-253.75, 369.25,
  126  369.251, and 597.010. However, the board of trustees shall
  127  retain the authority to take final agency action on establishing
  128  any areas for leasing, new leases, expanding existing lease
  129  areas, or changing the type of lease activity in existing
  130  leases. Upon issuance of an aquaculture lease or other real
  131  property transaction relating to aquaculture, the Department of
  132  Agriculture and Consumer Services must send a copy of the
  133  document and the accompanying survey to the Department of
  134  Environmental Protection. The board of trustees may also
  135  delegate to the Fish and Wildlife Conservation Commission the
  136  authority to take final agency action, without any action on
  137  behalf of the board, on applications for authorization to use
  138  board of trustees-owned submerged lands for any activity
  139  regulated under ss. 369.20 and 369.22.
  140         Section 4. Subsection (6) of section 373.026, Florida
  141  Statutes, is amended to read:
  142         373.026 General powers and duties of the department.—The
  143  department, or its successor agency, shall be responsible for
  144  the administration of this chapter at the state level. However,
  145  it is the policy of the state that, to the greatest extent
  146  possible, the department may enter into interagency or
  147  interlocal agreements with any other state agency, any water
  148  management district, or any local government conducting programs
  149  related to or materially affecting the water resources of the
  150  state. All such agreements shall be subject to the provisions of
  151  s. 373.046. In addition to its other powers and duties, the
  152  department shall, to the greatest extent possible:
  153         (6) Conduct, either independently or in cooperation with
  154  any person or governmental agency, a program of study, research,
  155  and experimentation and evaluation in the field of weather
  156  modification.
  157         Section 5. Subsections (1) and (9) of section 373.1501,
  158  Florida Statutes, are amended to read:
  159         373.1501 South Florida Water Management District as local
  160  sponsor.—
  161         (1) As used in this section and s. 373.026(7) s.
  162  373.026(8), the term:
  163         (a) “C-111 Project” means the project identified in the
  164  Central and Southern Florida Flood Control Project, Real Estate
  165  Design Memorandum, Canal 111, South Miami-Dade County, Florida.
  166         (b) “Department” means the Department of Environmental
  167  Protection.
  168         (c) “District” means the South Florida Water Management
  169  District.
  170         (d) “Kissimmee River Restoration Project” means the project
  171  identified in the Project Cooperation Agreement between the
  172  United States Department of the Army and the South Florida Water
  173  Management District dated March 22, 1994.
  174         (e) “Pal-Mar Project” means the Pal-Mar (West Jupiter
  175  Wetlands) lands identified in the Save Our Rivers 2000 Land
  176  Acquisition and Management Plan approved by the South Florida
  177  Water Management District on September 9, 1999 (Resolution 99
  178  94).
  179         (f) “Project” means the Central and Southern Florida
  180  Project.
  181         (g) “Project component” means any structural or operational
  182  change, resulting from the restudy, to the Central and Southern
  183  Florida Project as it existed and was operated as of January 1,
  184  1999.
  185         (h) “Restudy” means the Comprehensive Review Study of the
  186  Central and Southern Florida Project, for which federal
  187  participation was authorized by the federal Water Resources
  188  Development Acts of 1992 and 1996 together with related
  189  congressional resolutions and for which participation by the
  190  South Florida Water Management District is authorized by this
  191  section. The term includes all actions undertaken pursuant to
  192  the aforementioned authorizations which will result in
  193  recommendations for modifications or additions to the Central
  194  and Southern Florida Project.
  195         (i) “Southern Corkscrew Regional Ecosystem Watershed
  196  Project” means the area described in the Critical Restoration
  197  Project Contract C-9906 Southern Corkscrew Regional Ecosystem
  198  Watershed Project Addition/Imperial River Flowway and approved
  199  by the South Florida Water Management District on August 12,
  200  1999.
  201         (j) “Water Preserve Areas” means those areas located only
  202  within Palm Beach and Broward counties that are designated as
  203  Water Preserve Areas, as approved by the South Florida Water
  204  Management District Governing Board on September 11, 1997, and
  205  shall also include all of those lands within Cell II of the East
  206  Coast Buffer in Broward County as delineated in the boundary
  207  survey prepared by Stoner and Associates, Inc., dated January
  208  31, 2000, SWFWMD #10953.
  209         (k) “Ten Mile Creek Project” means the Ten Mile Creek Water
  210  Preserve Area identified in the Central and Southern Florida
  211  Ecosystem Critical Project Letter Report dated April 13, 1998.
  212         (9) Final agency action with regard to any project
  213  component subject to s. 373.026(7)(b) s. 373.026(8)(b) shall be
  214  taken by the department. Actions taken by the district pursuant
  215  to subsection (5) may shall not be considered final agency
  216  action. A Any petition for formal proceedings filed pursuant to
  217  ss. 120.569 and 120.57 requires shall require a hearing under
  218  the summary hearing provisions of s. 120.574, which is shall be
  219  mandatory. The final hearing under this section must shall be
  220  held within 30 days after receipt of the petition by the
  221  Division of Administrative Hearings.
  222         Section 6. Paragraph (c) of subsection (10) of section
  223  373.4598, Florida Statutes, is amended to read:
  224         373.4598 Water storage reservoirs.—
  225         (10) FUNDING.—
  226         (c) Notwithstanding s. 373.026(7)(b) s. 373.026(8)(b) or
  227  any other provision of law, the use of state funds is authorized
  228  for the EAA reservoir project.
  229         Section 7. Paragraph (a) of subsection (6) of section
  230  373.470, Florida Statutes, is amended to read:
  231         373.470 Everglades restoration.—
  232         (6) DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND.—
  233         (a) Except as provided in paragraphs (d) and (e) and for
  234  funds appropriated for debt service, the department shall
  235  distribute funds in the Save Our Everglades Trust Fund to the
  236  district in accordance with a legislative appropriation and s.
  237  373.026(7)(b) s. 373.026(8)(b). Distribution of funds to the
  238  district from the Save Our Everglades Trust Fund shall be
  239  equally matched by the cumulative contributions from the
  240  district by fiscal year 2019-2020 by providing funding or
  241  credits toward project components. The dollar value of in-kind
  242  project design and construction work by the district in
  243  furtherance of the comprehensive plan and existing interest in
  244  public lands needed for a project component are credits towards
  245  the district’s contributions.
  246         Section 8. This act shall take effect July 1, 2025.