Florida Senate - 2025 CS for CS for SB 56 By the Committees on Rules; and Environment and Natural Resources; and Senators Garcia, Leek, and Yarborough 595-02890-25 202556c2 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 requiring the Department of Environmental Protection 28 to establish a method for the intake and screening of 29 such reports; requiring the department to investigate 30 certain reports; requiring the department to refer 31 reports of observed violations to the Department of 32 Health or the Division of Emergency Management, under 33 certain circumstances; requiring the department to 34 adopt rules; creating s. 403.4115, F.S.; defining 35 terms; requiring an operator of public infrastructure 36 to report certain information monthly to the 37 Department of Transportation; prohibiting the 38 department from expending funds to support certain 39 projects or programs; requiring the department to 40 submit a report to specified entities; requiring the 41 department to incorporate reporting guidelines in 42 certain grant agreements; authorizing the department 43 to adopt rules; amending ss. 253.002, 373.026, 44 373.1501, 373.4598, and 373.470, F.S.; conforming 45 cross-references and provisions to changes made by the 46 act; making technical changes; providing an effective 47 date. 48 49 Be It Enacted by the Legislature of the State of Florida: 50 51 Section 1.Sections 403.281, 403.291, 403.301, 403.311, 52 403.321, 403.331, 403.341, 403.351, 403.361, 403.371, 403.381, 53 403.391, and 403.401, Florida Statutes, are repealed. 54 Section 2.Section 403.411, Florida Statutes, is amended to 55 read: 56 403.411Geoengineering and weather modification activities 57 prohibited; penalty. 58 (1)The injection, release, or dispersion, by any means, of 59 a chemical, a chemical compound, a substance, or an apparatus 60 into the atmosphere within the borders of this state for the 61 express purpose of affecting the temperature, weather, climate, 62 or intensity of sunlight is prohibited. 63 (2)Any person, including any public or private 64 corporation, who conducts conducting a geoengineering or weather 65 modification activity in violation of this section commits 66 operation without first having procured a license, or who shall 67 make a false statement in his or her application for license, or 68 who shall fail to file any report or reports as required by this 69 act, or who shall conduct any weather modification operation 70 after revocation or suspension of his or her license, or who 71 shall violate any other provision of this act, shall be guilty 72 of a felony misdemeanor of the third second degree, punishable 73 as provided in s. 775.082 and by a fine not exceeding $100,000; 74 or s. 775.083; and, if a corporation, the officers, directors, 75 or employees of the corporation commit shall be guilty of a 76 felony misdemeanor of the third second degree, punishable by a 77 fine not exceeding $100,000; and, if an aircraft operator or 78 controller, such person commits a felony of the third degree, 79 punishable as provided in s. 775.082 and by a fine not exceeding 80 $5,000 and up to 5 years in prison as provided in s. 775.083. 81 Each such violation is shall be a separate offense. 82 (3)All moneys collected pursuant to this section must be 83 deposited in the Air Pollution Control Trust Fund and used only 84 for purposes of air pollution control pursuant to this chapter. 85 (4)(a)Any person who observes a geoengineering or weather 86 modification activity conducted in violation of this section may 87 report the observed violation to the department online or by 88 telephone, mail, or e-mail. 89 (b)The department shall establish an e-mail address and an 90 online form for persons to report observed violations pursuant 91 to this subsection. The department shall make the e-mail address 92 and online form publicly accessible on its website. 93 (c)The department shall establish a method for intake and 94 screening of the reports made pursuant to this subsection. The 95 department shall investigate any report that warrants further 96 review to determine whether there are violations of this 97 section. 98 (d)The department shall refer reports of observed 99 violations made pursuant to this subsection to the Department of 100 Health or the Division of Emergency Management, if appropriate. 101 (e)The department shall adopt any rules that are necessary 102 to implement this subsection. 103 Section 3.Section 403.4115, Florida Statutes, is created 104 to read: 105 403.4115Reporting on geoengineering and weather 106 modification activities on public infrastructure; penalty. 107 (1)As used in this section, the term: 108 (a)Aircraft means a powered or unpowered machine or 109 device capable of atmospheric flight, except a parachute or 110 other such device used primarily as safety equipment. 111 (b)Department means the Department of Transportation. 112 (c)Public infrastructure means any public-use airport as 113 that term is defined in s. 332.004. 114 (2)Beginning on October 1, 2025, all operators of public 115 infrastructure shall report monthly to the department, using a 116 method determined by the department: 117 (a)The physical presence of any aircraft on public 118 property, including any public infrastructure, equipped with any 119 part, component, device, or the like which may be used to 120 support the intentional emission, injection, release, or 121 dispersion of air contaminants into the atmosphere within the 122 borders of this state when such emissions occur for the express 123 purpose of affecting temperature, weather, climate, or the 124 intensity of sunlight. 125 (b)The landing, takeoff, stopover, or refueling of an 126 aircraft equipped with the components outlined in paragraph (a) 127 on the physical location of the public infrastructure. 128 (3)The department may not expend any state funds as 129 described in s. 215.31 to support a project or program located 130 on or in support of public infrastructure which is not in 131 compliance with this section until such time as the entity 132 becomes compliant with this section. 133 (4)Upon receipt of the reports required in subsection (2), 134 the department shall submit aggregated reports to the Department 135 of Environmental Protection and the applicable state law 136 enforcement agency in support of the enforcement of s. 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: 144 253.002Department 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 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 leases 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 authority to 173 take final agency action, without any action on behalf of the 174 board, on applications for authorization to use board of 175 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 departments 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 any 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, expanding 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 regulated under ss. 369.20 and 369.22. 201 Section 5.Subsection (6) of section 373.026, Florida 202 Statutes, is amended to read: 203 373.026General 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 enter 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 to 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: 220 373.1501South 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 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 project 232 identified in the Project Cooperation Agreement between the 233 United States Department of the Army and the South Florida Water 234 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 by 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 operational 243 change, resulting from the restudy, to the Central and Southern 244 Florida Project as it existed and was operated as of January 1, 245 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 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 located 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 East 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 Water 271 Preserve Area identified in the Central and Southern Florida 272 Ecosystem Critical Project Letter Report dated April 13, 1998. 273 (9)Final agency action with regard to any project 274 component subject to s. 373.026(7)(b) s. 373.026(8)(b) shall be 275 taken by the department. Actions taken by the district pursuant 276 to subsection (5) may shall not be considered final agency 277 action. A Any petition for formal proceedings filed pursuant to 278 ss. 120.569 and 120.57 requires shall require a hearing under 279 the summary hearing provisions of s. 120.574, which is shall be 280 mandatory. The final hearing under this section must shall be 281 held within 30 days after receipt of the petition by the 282 Division of Administrative Hearings. 283 Section 7.Paragraph (c) of subsection (10) of section 284 373.4598, Florida Statutes, is amended to read: 285 373.4598Water storage reservoirs. 286 (10)FUNDING. 287 (c)Notwithstanding s. 373.026(7)(b) s. 373.026(8)(b) or 288 any other provision of law, the use of state funds is authorized 289 for the EAA reservoir project. 290 Section 8.Paragraph (a) of subsection (6) of section 291 373.470, Florida Statutes, is amended to read: 292 373.470Everglades restoration. 293 (6)DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND. 294 (a)Except as provided in paragraphs (d) and (e) and for 295 funds appropriated for debt service, the department shall 296 distribute funds in the Save Our Everglades Trust Fund to the 297 district in accordance with a legislative appropriation and s. 298 373.026(7)(b) s. 373.026(8)(b). Distribution of funds to the 299 district from the Save Our Everglades Trust Fund shall be 300 equally matched by the cumulative contributions from the 301 district by fiscal year 2019-2020 by providing funding or 302 credits toward project components. The dollar value of in-kind 303 project design and construction work by the district in 304 furtherance of the comprehensive plan and existing interest in 305 public lands needed for a project component are credits towards 306 the districts contributions. 307 Section 9.This act shall take effect July 1, 2025.