Florida 2025 Regular Session

Florida House Bill H0477 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
15-An act relating to geoengineering and weather 2
16-modification activities; repealing ss. 403.281, 3
17-403.291, 403.301, 403.311, 403.321, 403.331, 403.341, 4
18-403.351, 403.361, 403.371, 403.381, 403.391, and 5
19-403.401, F.S., relating to the definitions, purpose, 6
20-licensing requirements, applications, proof of 7
21-financial responsibility requirements, license 8
22-issuance and discipline provisions, publication of 9
23-notice of intention to operate requirements, required 10
24-contents of the notice of intention, publication of 11
25-the notice of intention requirements, proof of 12
26-publication requirements, record and reports of 13
27-operations requirements, provision of emergency 14
28-licenses, and suspension or revocation of licenses, 15
29-respectively, of the weather modification law; 16
30-amending s. 403.411, F.S. ; prohibiting certain acts 17
31-intended to affect the temperature, the weather, or 18
32-the intensity of sunlight within the atmosphere of 19
33-this state; increasing civil penalties for violations 20
34-of the geoengineering and weather modification law; 21
35-requiring that speci fied moneys be deposited in the 22
36-Air Pollution Control Trust Fund and used only for 23
37-specified purposes; authorizing a person who observes 24
38-a geoengineering or weather modification activity to 25
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47-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51-report such activity; providing construction; 26
52-requiring the Depart ment of Environmental Protection 27
53-to establish a method for the intake and screening of 28
54-such reports; requiring the department to investigate 29
55-certain reports; requiring the department to refer 30
56-reports of observed violations to the Department of 31
57-Health or the Division of Emergency Management, under 32
58-certain circumstances; requiring the department to 33
59-adopt rules; creating s. 403.4115, F.S.; defining 34
60-terms; requiring an operator of public infrastructure 35
61-to report certain information monthly to the 36
62-Department of Transportation; prohibiting the 37
63-department from expending funds to support certain 38
64-projects or programs; requiring the department to 39
65-submit a report to specified entities; requiring the 40
66-department to incorporate reporting guidelines in 41
67-certain grant agreem ents; authorizing the department 42
68-to adopt rules; amending ss. 253.002, 373.026, 43
69-373.1501, 373.4598, and 373.470, F.S.; conforming 44
70-cross-references and provisions to changes made by the 45
71-act; making technical changes; providing an effective 46
72-date. 47
73- 48
74-Be It Enacted by the Legislature of the State of Florida: 49
75- 50
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84-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88- Section 1. Sections 403.281, 403.291, 403.301, 403.311, 51
89-403.321, 403.331, 403.341, 403.351, 403.361, 403.371, 403.381, 52
90-403.391, and 403.401, Florida Statutes, are repealed. 53
91- Section 2. Section 403 .411, Florida Statutes, is amended 54
92-to read: 55
93- 403.411 Geoengineering and weather modification activities 56
94-prohibited; penalty.— 57
95- (1) The injection, release, or dispersion, by any means, 58
96-of a chemical, a chemical compound, a substance, or an apparatus 59
97-into the atmosphere within the borders of this state for the 60
98-express purpose of affecting the temperature, weather, climate, 61
99-or intensity of sunlight is prohibited. 62
100- (2) Any person, including any public or private 63
101-corporation, who conducts conducting a geoengineering or weather 64
102-modification activity in violation of this section commits 65
103-operation without first having procured a license, or who shall 66
104-make a false statement in his or her application for license, or 67
105-who shall fail to file any report or reports as r equired by this 68
106-act, or who shall conduct any weather modification operation 69
107-after revocation or suspension of his or her license, or who 70
108-shall violate any other provision of this act, shall be guilty 71
109-of a felony misdemeanor of the third second degree, punishable 72
110-as provided in s. 775.082 and by a fine not exceeding $200,000; 73
111-or s. 775.083; and, if a corporation, the officers, directors, 74
112-or employees of the corporation commit shall be guilty of a 75
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121-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125-felony misdemeanor of the third second degree, punishable by a 76
126-fine not exceeding $200,000; and, if an aircraft operator or 77
127-controller, such person commits a felony of the third degree, 78
128-punishable as provided in s. 775.082 and by a fine not exceeding 79
129-$5,000 and up to 5 years in prison as provided in s. 775.083 . 80
130-Each such violation is shall be a separate offense. 81
131- (3) All moneys collected pursuant to this section must be 82
132-deposited in the Air Pollution Control Trust Fund and used only 83
133-for purposes of air pollution control pursuant to this chapter. 84
134- (4)(a) Any person who observes a geoengineering or weather 85
135-modification activity conducted in violation of this section may 86
136-report the observed violation to the department online or by 87
137-telephone, mail, or e -mail. 88
138- (b) The department shall establish an e -mail address and 89
139-an online form for persons to report observed violations 90
140-pursuant to this subsection. The department shall make the e -91
141-mail address and online form publicly accessible on its website. 92
142- (c) The department shall establish a method for intake and 93
143-screening of the reports made pursuant to this subsection. The 94
144-department shall investigate any report that warrants further 95
145-review to determine whether there are violations of this 96
146-section. 97
147- (d) The department shall refer reports of observed 98
148-violations made pursuant t o this subsection to the Department of 99
149-Health or the Division of Emergency Management, if appropriate. 100
150-
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158-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162- (e) The department shall adopt any rules that are 101
163-necessary to implement this subsection. 102
164- Section 3. Section 403.4115, Florida Statutes, is created 103
165-to read: 104
166- 403.4115 Reporting on geoengineering and weather 105
167-modification activities on public infrastructure; penalty. — 106
168- (1) As used in this section, the term: 107
169- (a) "Aircraft" means a powered or unpowered machine or 108
170-device capable of atmospheric flight, except a parachute or 109
171-other such device used primarily as safety equipment. 110
172- (b) "Department" means the Department of Transportation. 111
173- (c) "Public infrastructure" means any public -use airport 112
174-as that term is defined in s. 332.004. 113
175- (2) Beginning on October 1, 2025, all operators of public 114
176-infrastructure shall report monthly to the department, using a 115
177-method determined by the department: 116
178- (a) The physical presence of any aircraft on public 117
179-property, including any public infrastructure, equipped with any 118
180-part, component, device, or the like which may be used to 119
181-support the intentional emission, injection, release, or 120
182-dispersion of air contaminants into the atmosphere within the 121
183-borders of this state when such emissions occur for the express 122
184-purpose of affecting temperature, weather, climate, or the 123
185-intensity of sunlight. 124
186- (b) The landing, takeoff, stopover, or refueling of an 125
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199-aircraft equipped with the components outlined in paragraph (a) 126
200-on the physical location of the public infrastructure. 127
201- (3) The department may not expend any state funds as 128
202-described in s. 215.31 to support a project or program located 129
203-on or in support of public infrastructure which is not in 130
204-compliance with this section until such time as the entity 131
205-becomes compliant with this se ction. 132
206- (4) Upon receipt of the reports required in subsection 133
207-(2), the department shall submit aggregated reports to the 134
208-Department of Environmental Protection and the applicable state 135
209-law enforcement agency in support of the enforcement of s. 136
210-403.411. 137
211- (5) The department shall incorporate reporting guidelines 138
212-in all grant agreements for public use airports which receive 139
213-state funds as described in s. 215.31. 140
214- (6) The department may adopt rules necessary to implement 141
215-this section. 142
216- Section 4. Subsection (1) of section 253.002, Florida 143
217-Statutes, is amended to read: 144
218- 253.002 Department of Environmental Protection, water 145
219-management districts, Fish and Wildlife Conservation Commission, 146
220-and Department of Agriculture and Consumer Services; duties with 147
221-respect to state lands.— 148
222- (1) The Department of Environmental Protection shall 149
223-perform all staff duties and functions related to the 150
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232-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236-acquisition, administration, and disposition of state lands, 151
237-title to which is or will be vested in the Board of Trustees of 152
238-the Internal Improvement Trust Fund. However, upon the effective 153
239-date of rules adopted pursuant to s. 373.427, a water management 154
240-district created under s. 373.069 shall perform the staff duties 155
241-and functions related to the review of any application for 156
242-authorization to use board of trustees -owned submerged lands 157
243-necessary for an activity regulated under part IV of chapter 373 158
244-for which the water management district has permitting 159
245-responsibility as set forth in an operating agreement adopted 160
246-pursuant to s. 373.046(4). The Department of Agriculture and 161
247-Consumer Services shall perform the staff duties and functions 162
248-related to the review of applications and compliance with 163
249-conditions for use of board of trustees -owned submerged lands 164
250-under authorizations or leas es issued pursuant to ss. 253.67 -165
251-253.75 and 597.010 and the acquisition, administration, and 166
252-disposition of conservation easements pursuant to s. 570.71. 167
253-Unless expressly prohibited by law, the board of trustees may 168
254-delegate to the department any statutory duty or obligation 169
255-relating to the acquisition, administration, or disposition of 170
256-lands, title to which is or will be vested in the board of 171
257-trustees. The board of trustees may also delegate to any water 172
258-management district created under s. 373.069 the au thority to 173
259-take final agency action, without any action on behalf of the 174
260-board, on applications for authorization to use board of 175
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269-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273-trustees-owned submerged lands for any activity regulated under 176
274-part IV of chapter 373 for which the water management district 177
275-has permitting responsibility as set forth in an operating 178
276-agreement adopted pursuant to s. 373.046(4). This water 179
277-management district responsibility under this subsection is 180
278-shall be subject to the department's general supervisory 181
279-authority pursuant to s. 373.026(6) s. 373.026(7). The board of 182
280-trustees may also delegate to the Department of Agriculture and 183
281-Consumer Services the authority to take final agency action on 184
282-behalf of the board on applications to use board of trustees -185
283-owned submerged lands for a ny activity for which that department 186
284-has responsibility pursuant to ss. 253.67 -253.75, 369.25, 187
285-369.251, and 597.010. However, the board of trustees shall 188
286-retain the authority to take final agency action on establishing 189
287-any areas for leasing, new leases, e xpanding existing lease 190
288-areas, or changing the type of lease activity in existing 191
289-leases. Upon issuance of an aquaculture lease or other real 192
290-property transaction relating to aquaculture, the Department of 193
291-Agriculture and Consumer Services must send a copy of the 194
292-document and the accompanying survey to the Department of 195
293-Environmental Protection. The board of trustees may also 196
294-delegate to the Fish and Wildlife Conservation Commission the 197
295-authority to take final agency action, without any action on 198
296-behalf of the board, on applications for authorization to use 199
297-board of trustees-owned submerged lands for any activity 200
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306-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310-regulated under ss. 369.20 and 369.22. 201
311- Section 5. Subsection (6) of section 373.026, Florida 202
312-Statutes, is amended to read: 203
313- 373.026 General powers and duties of the department. —The 204
314-department, or its successor agency, shall be responsible for 205
315-the administration of this chapter at the state level. However, 206
316-it is the policy of the state that, to the greatest extent 207
317-possible, the department may ent er into interagency or 208
318-interlocal agreements with any other state agency, any water 209
319-management district, or any local government conducting programs 210
320-related to or materially affecting the water resources of the 211
321-state. All such agreements shall be subject t o the provisions of 212
322-s. 373.046. In addition to its other powers and duties, the 213
323-department shall, to the greatest extent possible: 214
324- (6) Conduct, either independently or in cooperation with 215
325-any person or governmental agency, a program of study, research, 216
326-and experimentation and evaluation in the field of weather 217
327-modification. 218
328- Section 6. Subsections (1) and (9) of section 373.1501, 219
329-Florida Statutes, are amended to read: 220
330- 373.1501 South Florida Water Management District as local 221
331-sponsor.— 222
332- (1) As used in this section and s. 373.026(7) s. 223
333-373.026(8), the term: 224
334- (a) "C-111 Project" means the project identified in the 225
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343-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347-Central and Southern Florida Flood Control Project, Real Estate 226
348-Design Memorandum, Canal 111, South Miami -Dade County, Florida. 227
349- (b) "Department" means the Department of Environmental 228
350-Protection. 229
351- (c) "District" means the South Florida Water Management 230
352-District. 231
353- (d) "Kissimmee River Restoration Project" means the 232
354-project identified in the Project Cooperation Agreement between 233
355-the United States Department of the Army and the South Florida 234
356-Water Management District dated March 22, 1994. 235
357- (e) "Pal-Mar Project" means the Pal -Mar (West Jupiter 236
358-Wetlands) lands identified in the Save Our Rivers 2000 Land 237
359-Acquisition and Management Plan approved b y the South Florida 238
360-Water Management District on September 9, 1999 (Resolution 99 -239
361-94). 240
362- (f) "Project" means the Central and Southern Florida 241
363-Project. 242
364- (g) "Project component" means any structural or 243
365-operational change, resulting from the restudy, to the Central 244
366-and Southern Florida Project as it existed and was operated as 245
367-of January 1, 1999. 246
368- (h) "Restudy" means the Comprehensive Review Study of the 247
369-Central and Southern Florida Project, for which federal 248
370-participation was authorized by the federal Water Resources 249
371-Development Acts of 1992 and 1996 together with related 250
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380-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384-congressional resolutions and for which participation by the 251
385-South Florida Water Management District is authorized by this 252
386-section. The term includes all actions undertaken pursuant to 253
387-the aforementioned authorizations which will result in 254
388-recommendations for modifications or additions to the Central 255
389-and Southern Florida Project. 256
390- (i) "Southern Corkscrew Regional Ecosystem Watershed 257
391-Project" means the area described in the Critical Restoration 258
392-Project Contract C-9906 Southern Corkscrew Regional Ecosystem 259
393-Watershed Project Addition/Imperial River Flowway and approved 260
394-by the South Florida Water Management District on August 12, 261
395-1999. 262
396- (j) "Water Preserve Areas" means those areas locat ed only 263
397-within Palm Beach and Broward counties that are designated as 264
398-Water Preserve Areas, as approved by the South Florida Water 265
399-Management District Governing Board on September 11, 1997, and 266
400-shall also include all of those lands within Cell II of the Ea st 267
401-Coast Buffer in Broward County as delineated in the boundary 268
402-survey prepared by Stoner and Associates, Inc., dated January 269
403-31, 2000, SWFWMD #10953. 270
404- (k) "Ten Mile Creek Project" means the Ten Mile Creek 271
405-Water Preserve Area identified in the Central and Southern 272
406-Florida Ecosystem Critical Project Letter Report dated April 13, 273
407-1998. 274
408- (9) Final agency action with regard to any project 275
409-
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417-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421-component subject to s. 373.026(7)(b) s. 373.026(8)(b) shall be 276
422-taken by the department. Actions taken by the district pur suant 277
423-to subsection (5) may shall not be considered final agency 278
424-action. A Any petition for formal proceedings filed pursuant to 279
425-ss. 120.569 and 120.57 requires shall require a hearing under 280
426-the summary hearing provisions of s. 120.574, which is shall be 281
427-mandatory. The final hearing under this section must shall be 282
428-held within 30 days after receipt of the petition by the 283
429-Division of Administrative Hearings. 284
430- Section 7. Paragraph (c) of subsection (10) of section 285
431-373.4598, Florida Statutes, is amended to read: 286
432- 373.4598 Water storage reservoirs. — 287
433- (10) FUNDING.— 288
434- (c) Notwithstanding s. 373.026(7)(b) s. 373.026(8)(b) or 289
435-any other provision of law, the use of state funds is authorized 290
436-for the EAA reservoir project. 291
437- Section 8. Paragraph (a) of subsecti on (6) of section 292
438-373.470, Florida Statutes, is amended to read: 293
439- 373.470 Everglades restoration. — 294
440- (6) DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND. — 295
441- (a) Except as provided in paragraphs (d) and (e) and for 296
442-funds appropriated for debt service, th e department shall 297
443-distribute funds in the Save Our Everglades Trust Fund to the 298
444-district in accordance with a legislative appropriation and s. 299
445-373.026(7)(b) s. 373.026(8)(b). Distribution of funds to the 300
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458-district from the Save Our Everglades Trust Fund shall be 301
459-equally matched by the cumulative contributions from the 302
460-district by fiscal year 2019 -2020 by providing funding or 303
461-credits toward project components. The dollar value of in -kind 304
462-project design and construction work by the district in 305
463-furtherance of the comprehensive plan and existing interest in 306
464-public lands needed for a project component are credits towards 307
465-the district's contributions. 308
466- Section 9. This act shall take effect July 1, 2025. 309
15+An act relating to weather modification activities; 2
16+amending s. 403.411, F.S.; increasing civil penalties 3
17+for violations of the weather modification law; 4
18+providing an effective date. 5
19+ 6
20+Be It Enacted by the Legislature of the State of Florida: 7
21+ 8
22+ Section 1. Section 403.411, Florida Statutes, is amended 9
23+to read: 10
24+ 403.411 Penalty.—Any person conducting a weather 11
25+modification operation without first havin g procured a license, 12
26+or who makes shall make a false statement in his or her 13
27+application for license, or who fails shall fail to file any 14
28+report or reports as required by this act, or who conducts shall 15
29+conduct any weather modification operation after rev ocation or 16
30+suspension of his or her license, or who violates shall violate 17
31+any other provision of this act, commits shall be guilty of a 18
32+misdemeanor of the second degree, punishable as provided in s. 19
33+775.082 and by a fine not exceeding $10,000, or s. 775.083; and, 20
34+if a corporation, the corporation commits shall be guilty of a 21
35+misdemeanor of the second degree, punishable by a fine not 22
36+exceeding $10,000 as provided in s. 775.083 . Each such violation 23
37+is shall be a separate offense. 24
38+ Section 2. This act shall take effect July 1, 2025. 25