Florida 2025 2025 Regular Session

Florida House Bill H0477 Comm Sub / Bill

Filed 04/17/2025

                       
 
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A bill to be entitled 1 
An act relating to geoengineering and weather 2 
modification activities; repealing ss. 403.281, 3 
403.291, 403.301, 403.311, 403.321, 403.331, 403.341, 4 
403.351, 403.361, 403.371, 403.381, 403.391, and 5 
403.401, F.S., relating to the definitions, purpose, 6 
licensing requirements, applications, proof of 7 
financial responsibility requirements, license 8 
issuance and discipline provisions, publication of 9 
notice of intention to operate requirements, required 10 
contents of the notice of intention, publication of 11 
the notice of intention requirements, proof of 12 
publication requirements, record and reports of 13 
operations requirements, provision of emergency 14 
licenses, and suspension or revocation of licenses, 15 
respectively, of the weather modification law; 16 
amending s. 403.411, F.S. ; prohibiting certain acts 17 
intended to affect the temperature, the weather, or 18 
the intensity of sunlight within the atmosphere of 19 
this state; increasing civil penalties for violations 20 
of the geoengineering and weather modification law; 21 
requiring that speci fied moneys be deposited in the 22 
Air Pollution Control Trust Fund and used only for 23 
specified purposes; authorizing a person who observes 24 
a geoengineering or weather modification activity to 25     
 
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report such activity; providing construction; 26 
requiring the Depart ment of Environmental Protection 27 
to establish a method for the intake and screening of 28 
such reports; requiring the department to investigate 29 
certain reports; requiring the department to refer 30 
reports of observed violations to the Department of 31 
Health or the Division of Emergency Management, under 32 
certain circumstances; requiring the department to 33 
adopt rules; creating s. 403.4115, F.S.; defining 34 
terms; requiring an operator of public infrastructure 35 
to report certain information monthly to the 36 
Department of Transportation; prohibiting the 37 
department from expending funds to support certain 38 
projects or programs; requiring the department to 39 
submit a report to specified entities; requiring the 40 
department to incorporate reporting guidelines in 41 
certain grant agreem ents; authorizing the department 42 
to adopt rules; amending ss. 253.002, 373.026, 43 
373.1501, 373.4598, and 373.470, F.S.; conforming 44 
cross-references and provisions to changes made by the 45 
act; making technical changes; providing an effective 46 
date. 47 
 48 
Be It Enacted by the Legislature of the State of Florida: 49 
 50     
 
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 Section 1. Sections 403.281, 403.291, 403.301, 403.311, 51 
403.321, 403.331, 403.341, 403.351, 403.361, 403.371, 403.381, 52 
403.391, and 403.401, Florida Statutes, are repealed. 53 
 Section 2.  Section 403 .411, Florida Statutes, is amended 54 
to read: 55 
 403.411  Geoengineering and weather modification activities 56 
prohibited; penalty.— 57 
 (1)  The injection, release, or dispersion, by any means, 58 
of a chemical, a chemical compound, a substance, or an apparatus 59 
into the atmosphere within the borders of this state for the 60 
express purpose of affecting the temperature, weather, climate, 61 
or intensity of sunlight is prohibited. 62 
 (2) Any person, including any public or private 63 
corporation, who conducts conducting a geoengineering or weather 64 
modification activity in violation of this section commits 65 
operation without first having procured a license, or who shall 66 
make a false statement in his or her application for license, or 67 
who shall fail to file any report or reports as r equired by this 68 
act, or who shall conduct any weather modification operation 69 
after revocation or suspension of his or her license, or who 70 
shall violate any other provision of this act, shall be guilty 71 
of a felony misdemeanor of the third second degree, punishable 72 
as provided in s. 775.082 and by a fine not exceeding $200,000; 73 
or s. 775.083; and, if a corporation, the officers, directors, 74 
or employees of the corporation commit shall be guilty of a 75     
 
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felony misdemeanor of the third second degree, punishable by a 76 
fine not exceeding $200,000; and, if an aircraft operator or 77 
controller, such person commits a felony of the third degree, 78 
punishable as provided in s. 775.082 and by a fine not exceeding 79 
$5,000 and up to 5 years in prison as provided in s. 775.083 . 80 
Each such violation is shall be a separate offense. 81 
 (3)  All moneys collected pursuant to this section must be 82 
deposited in the Air Pollution Control Trust Fund and used only 83 
for purposes of air pollution control pursuant to this chapter. 84 
 (4)(a)  Any person who observes a geoengineering or weather 85 
modification activity conducted in violation of this section may 86 
report the observed violation to the department online or by 87 
telephone, mail, or e -mail. 88 
 (b)  The department shall establish an e -mail address and 89 
an online form for persons to report observed violations 90 
pursuant to this subsection. The department shall make the e -91 
mail address and online form publicly accessible on its website. 92 
 (c)  The department shall establish a method for intake and 93 
screening of the reports made pursuant to this subsection. The 94 
department shall investigate any report that warrants further 95 
review to determine whether there are violations of this 96 
section. 97 
 (d)  The department shall refer reports of observed 98 
violations made pursuant t o this subsection to the Department of 99 
Health or the Division of Emergency Management, if appropriate. 100     
 
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 (e)  The department shall adopt any rules that are 101 
necessary to implement this subsection. 102 
 Section 3.  Section 403.4115, Florida Statutes, is created 103 
to read: 104 
 403.4115  Reporting on geoengineering and weather 105 
modification activities on public infrastructure; penalty. — 106 
 (1)  As used in this section, the term: 107 
 (a)  "Aircraft" means a powered or unpowered machine or 108 
device capable of atmospheric flight, except a parachute or 109 
other such device used primarily as safety equipment. 110 
 (b)  "Department" means the Department of Transportation. 111 
 (c)  "Public infrastructure" means any public -use airport 112 
as that term is defined in s. 332.004. 113 
 (2)  Beginning on October 1, 2025, all operators of public 114 
infrastructure shall report monthly to the department, using a 115 
method determined by the department: 116 
 (a)  The physical presence of any aircraft on public 117 
property, including any public infrastructure, equipped with any 118 
part, component, device, or the like which may be used to 119 
support the intentional emission, injection, release, or 120 
dispersion of air contaminants into the atmosphere within the 121 
borders of this state when such emissions occur for the express 122 
purpose of affecting temperature, weather, climate, or the 123 
intensity of sunlight. 124 
 (b)  The landing, takeoff, stopover, or refueling of an 125     
 
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aircraft equipped with the components outlined in paragraph (a) 126 
on the physical location of the public infrastructure. 127 
 (3)  The department may not expend any state funds as 128 
described in s. 215.31 to support a project or program located 129 
on or in support of public infrastructure which is not in 130 
compliance with this section until such time as the entity 131 
becomes compliant with this se ction. 132 
 (4)  Upon receipt of the reports required in subsection 133 
(2), the department shall submit aggregated reports to the 134 
Department of Environmental Protection and the applicable state 135 
law enforcement agency in support of the enforcement of s. 136 
403.411. 137 
 (5)  The department shall incorporate reporting guidelines 138 
in all grant agreements for public use airports which receive 139 
state funds as described in s. 215.31. 140 
 (6)  The department may adopt rules necessary to implement 141 
this section. 142 
 Section 4.  Subsection (1) of section 253.002, Florida 143 
Statutes, is amended to read: 144 
 253.002  Department of Environmental Protection, water 145 
management districts, Fish and Wildlife Conservation Commission, 146 
and Department of Agriculture and Consumer Services; duties with 147 
respect to state lands.— 148 
 (1)  The Department of Environmental Protection shall 149 
perform all staff duties and functions related to the 150     
 
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acquisition, administration, and disposition of state lands, 151 
title to which is or will be vested in the Board of Trustees of 152 
the Internal Improvement Trust Fund. However, upon the effective 153 
date of rules adopted pursuant to s. 373.427, a water management 154 
district created under s. 373.069 shall perform the staff duties 155 
and functions related to the review of any application for 156 
authorization to use board of trustees -owned submerged lands 157 
necessary for an activity regulated under part IV of chapter 373 158 
for which the water management district has permitting 159 
responsibility as set forth in an operating agreement adopted 160 
pursuant to s. 373.046(4). The Department of Agriculture and 161 
Consumer Services shall perform the staff duties and functions 162 
related to the review of applications and compliance with 163 
conditions for use of board of trustees -owned submerged lands 164 
under authorizations or leas es issued pursuant to ss. 253.67 -165 
253.75 and 597.010 and the acquisition, administration, and 166 
disposition of conservation easements pursuant to s. 570.71. 167 
Unless expressly prohibited by law, the board of trustees may 168 
delegate to the department any statutory duty or obligation 169 
relating to the acquisition, administration, or disposition of 170 
lands, title to which is or will be vested in the board of 171 
trustees. The board of trustees may also delegate to any water 172 
management district created under s. 373.069 the au thority to 173 
take final agency action, without any action on behalf of the 174 
board, on applications for authorization to use board of 175     
 
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trustees-owned submerged lands for any activity regulated under 176 
part IV of chapter 373 for which the water management district 177 
has permitting responsibility as set forth in an operating 178 
agreement adopted pursuant to s. 373.046(4). This water 179 
management district responsibility under this subsection is 180 
shall be subject to the department's general supervisory 181 
authority pursuant to s. 373.026(6) s. 373.026(7). The board of 182 
trustees may also delegate to the Department of Agriculture and 183 
Consumer Services the authority to take final agency action on 184 
behalf of the board on applications to use board of trustees -185 
owned submerged lands for a ny activity for which that department 186 
has responsibility pursuant to ss. 253.67 -253.75, 369.25, 187 
369.251, and 597.010. However, the board of trustees shall 188 
retain the authority to take final agency action on establishing 189 
any areas for leasing, new leases, e xpanding existing lease 190 
areas, or changing the type of lease activity in existing 191 
leases. Upon issuance of an aquaculture lease or other real 192 
property transaction relating to aquaculture, the Department of 193 
Agriculture and Consumer Services must send a copy of the 194 
document and the accompanying survey to the Department of 195 
Environmental Protection. The board of trustees may also 196 
delegate to the Fish and Wildlife Conservation Commission the 197 
authority to take final agency action, without any action on 198 
behalf of the board, on applications for authorization to use 199 
board of trustees-owned submerged lands for any activity 200     
 
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regulated under ss. 369.20 and 369.22. 201 
 Section 5.  Subsection (6) of section 373.026, Florida 202 
Statutes, is amended to read: 203 
 373.026  General powers and duties of the department. —The 204 
department, or its successor agency, shall be responsible for 205 
the administration of this chapter at the state level. However, 206 
it is the policy of the state that, to the greatest extent 207 
possible, the department may ent er into interagency or 208 
interlocal agreements with any other state agency, any water 209 
management district, or any local government conducting programs 210 
related to or materially affecting the water resources of the 211 
state. All such agreements shall be subject t o the provisions of 212 
s. 373.046. In addition to its other powers and duties, the 213 
department shall, to the greatest extent possible: 214 
 (6)  Conduct, either independently or in cooperation with 215 
any person or governmental agency, a program of study, research, 216 
and experimentation and evaluation in the field of weather 217 
modification. 218 
 Section 6.  Subsections (1) and (9) of section 373.1501, 219 
Florida Statutes, are amended to read: 220 
 373.1501  South Florida Water Management District as local 221 
sponsor.— 222 
 (1)  As used in this section and s. 373.026(7) s. 223 
373.026(8), the term: 224 
 (a)  "C-111 Project" means the project identified in the 225     
 
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Central and Southern Florida Flood Control Project, Real Estate 226 
Design Memorandum, Canal 111, South Miami -Dade County, Florida. 227 
 (b)  "Department" means the Department of Environmental 228 
Protection. 229 
 (c)  "District" means the South Florida Water Management 230 
District. 231 
 (d)  "Kissimmee River Restoration Project" means the 232 
project identified in the Project Cooperation Agreement between 233 
the United States Department of the Army and the South Florida 234 
Water Management District dated March 22, 1994. 235 
 (e)  "Pal-Mar Project" means the Pal -Mar (West Jupiter 236 
Wetlands) lands identified in the Save Our Rivers 2000 Land 237 
Acquisition and Management Plan approved b y the South Florida 238 
Water Management District on September 9, 1999 (Resolution 99 -239 
94). 240 
 (f)  "Project" means the Central and Southern Florida 241 
Project. 242 
 (g)  "Project component" means any structural or 243 
operational change, resulting from the restudy, to the Central 244 
and Southern Florida Project as it existed and was operated as 245 
of January 1, 1999. 246 
 (h)  "Restudy" means the Comprehensive Review Study of the 247 
Central and Southern Florida Project, for which federal 248 
participation was authorized by the federal Water Resources 249 
Development Acts of 1992 and 1996 together with related 250     
 
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congressional resolutions and for which participation by the 251 
South Florida Water Management District is authorized by this 252 
section. The term includes all actions undertaken pursuant to 253 
the aforementioned authorizations which will result in 254 
recommendations for modifications or additions to the Central 255 
and Southern Florida Project. 256 
 (i)  "Southern Corkscrew Regional Ecosystem Watershed 257 
Project" means the area described in the Critical Restoration 258 
Project Contract C-9906 Southern Corkscrew Regional Ecosystem 259 
Watershed Project Addition/Imperial River Flowway and approved 260 
by the South Florida Water Management District on August 12, 261 
1999. 262 
 (j)  "Water Preserve Areas" means those areas locat ed only 263 
within Palm Beach and Broward counties that are designated as 264 
Water Preserve Areas, as approved by the South Florida Water 265 
Management District Governing Board on September 11, 1997, and 266 
shall also include all of those lands within Cell II of the Ea st 267 
Coast Buffer in Broward County as delineated in the boundary 268 
survey prepared by Stoner and Associates, Inc., dated January 269 
31, 2000, SWFWMD #10953. 270 
 (k)  "Ten Mile Creek Project" means the Ten Mile Creek 271 
Water Preserve Area identified in the Central and Southern 272 
Florida Ecosystem Critical Project Letter Report dated April 13, 273 
1998. 274 
 (9)  Final agency action with regard to any project 275     
 
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component subject to s. 373.026(7)(b) s. 373.026(8)(b) shall be 276 
taken by the department. Actions taken by the district pur suant 277 
to subsection (5) may shall not be considered final agency 278 
action. A Any petition for formal proceedings filed pursuant to 279 
ss. 120.569 and 120.57 requires shall require a hearing under 280 
the summary hearing provisions of s. 120.574, which is shall be 281 
mandatory. The final hearing under this section must shall be 282 
held within 30 days after receipt of the petition by the 283 
Division of Administrative Hearings. 284 
 Section 7.  Paragraph (c) of subsection (10) of section 285 
373.4598, Florida Statutes, is amended to read: 286 
 373.4598  Water storage reservoirs. — 287 
 (10)  FUNDING.— 288 
 (c)  Notwithstanding s. 373.026(7)(b) s. 373.026(8)(b) or 289 
any other provision of law, the use of state funds is authorized 290 
for the EAA reservoir project. 291 
 Section 8.  Paragraph (a) of subsecti on (6) of section 292 
373.470, Florida Statutes, is amended to read: 293 
 373.470  Everglades restoration. — 294 
 (6)  DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND. — 295 
 (a)  Except as provided in paragraphs (d) and (e) and for 296 
funds appropriated for debt service, th e department shall 297 
distribute funds in the Save Our Everglades Trust Fund to the 298 
district in accordance with a legislative appropriation and s. 299 
373.026(7)(b) s. 373.026(8)(b). Distribution of funds to the 300     
 
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district from the Save Our Everglades Trust Fund shall be 301 
equally matched by the cumulative contributions from the 302 
district by fiscal year 2019 -2020 by providing funding or 303 
credits toward project components. The dollar value of in -kind 304 
project design and construction work by the district in 305 
furtherance of the comprehensive plan and existing interest in 306 
public lands needed for a project component are credits towards 307 
the district's contributions. 308 
 Section 9. This act shall take effect July 1, 2025. 309