Florida Senate - 2025 SB 56
By Senator Garcia
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A bill to be entitled 1
An act relating to weather modification activities; 2
repealing ss. 403.281, 403.291, 403.301, 403.311, 3
403.321, 403.331, 403.341, 403.351, 403.361, 403.371, 4
403.381, 403.391, and 403.401 , F.S., relating to the 5
definitions, purpose, licensing requirements, 6
applications, proof of financial responsibility 7
requirements, license issuance and discipline 8
provisions, publication of notice of intention to 9
operate requirements, required contents of the notice 10
of intention, publication of the notice of intention 11
requirements, proof of publication requirements, 12
record and reports of operations requirements, 13
provision of emergency licenses, and suspension or 14
revocation of licenses, respectively, of the weather 15
modification law; amending s. 403.411, F.S.; 16
prohibiting certain acts intended to affect the 17
temperature, the weather, or the intensity of sunlight 18
within the atmosphere of this state; increasing civil 19
penalties for violations of the weather modification 20
law; amending ss. 252.44, 253.002, 373.026, 373.1501, 21
373.4598, and 373.470, F.S.; conforming cross -22
references and provisions to changes made by the act; 23
making technical changes; providing an effective date. 24
25
Be It Enacted by the Legislature of the State of Florida: 26
27
Section 1. Sections 403.281, 403.291, 403.301, 403.311, 28
403.321, 403.331, 403.341, 403.351, 403.361, 403.371, 403.381, 29 Florida Senate - 2025 SB 56
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403.391, and 403.401, Florida Statutes, are repealed. 30
Section 2. Section 403.411, Florida Statutes, is amended to 31
read: 32
403.411 Weather modification activities prohibited; 33
penalty.— 34
(1) The injection, release, or dispersion, by any means, of 35
a chemical, a chemical compound, a substance, or an apparatus 36
into the atmosphere within the borders of this state for the 37
express purpose of affecting the temperature, the weather, or 38
the intensity of sunlight is prohibited. 39
(2) A Any person who conducts conducting a weather 40
modification operation in violation of this section commits 41
without first having procured a license, or who shall make a 42
false statement in his or her application for license, or who 43
shall fail to file any report or reports as required by this 44
act, or who shall conduct any weather modification operation 45
after revocation or suspension of his or her license, or who 46
shall violate any other provision of this act, shall be guilty 47
of a misdemeanor of the second degree, punishable as provided in 48
s. 775.082 and by a fine not exceeding $10,000, or s. 775.083; 49
and, if a corporation, the corporation commits shall be guilty 50
of a misdemeanor of the second degree, punishable by a fine not 51
exceeding $10,000 as provided in s. 775.083 . Each such violation 52
is shall be a separate offense. 53
Section 3. Subsection (1) of section 252.44, Florida 54
Statutes, is amended to read: 55
252.44 Emergency mitigation. — 56
(1) In addition to prevention measures included in the 57
state and local comprehensive emergency management plans, the 58 Florida Senate - 2025 SB 56
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Governor shall, consider on a continuing basis , consider steps 59
that could be taken to mitigate the harmful consequences of 60
emergencies. At the Governor’s direction and pursuant to any 61
other authority and competence they have, state agencies, 62
including, but not limited to, those charged with 63
responsibilities in connection with protecting and maintaining 64
the public health, flood plain management, stream encroachment 65
and flow regulation, weather modification, fire prevention and 66
control, air quality, public works, land use and land use 67
planning, and construction standards , shall make studies of 68
emergency-mitigation-related matters. The Governor shall, from 69
time to time, shall make such recommendations to the 70
Legislature, local governments, and other appropriate public and 71
private entities as may facilitate measures for mitigation of 72
the harmful consequences of emergencies. 73
Section 4. Subsection (1) of section 253.002, Florida 74
Statutes, is amended to read: 75
253.002 Department of Environmental Protection, water 76
management districts, Fish and Wildlife Conservation Commission, 77
and Department of Agriculture and Consumer Services; duties with 78
respect to state lands. — 79
(1) The Department of Environmental Protection shall 80
perform all staff duties and functions related to the 81
acquisition, administration, and disposition of state lands, 82
title to which is or will be vested in the Board of Trustees of 83
the Internal Improvement Trust Fund. However, upon the effective 84
date of rules adopted pursuant to s. 373.427, a water management 85
district created under s. 373.069 shall perform the staff duties 86
and functions related to the review of any application for 87 Florida Senate - 2025 SB 56
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authorization to use board of trustees -owned submerged lands 88
necessary for an activity regulated under part IV of chapter 373 89
for which the water management district has permitting 90
responsibility as set forth in an operating agreement adopted 91
pursuant to s. 373.046(4). The Department of Agriculture and 92
Consumer Services shall perform the staff duties and functions 93
related to the review of applications and compliance with 94
conditions for use of board of trustees -owned submerged lands 95
under authorizations or leases issued pursuant to ss. 253.67 -96
253.75 and 597.010 and the acquisition, administration, and 97
disposition of conservation easements pursuant to s. 570.71. 98
Unless expressly prohibited by law, the board of trustees may 99
delegate to the department any statutory duty or obligation 100
relating to the acquisition, administration, or disposition of 101
lands, title to which is or will be vested in the board of 102
trustees. The board of trustees may also delegate to any water 103
management district created under s. 373.069 the authority to 104
take final agency action, without any action on behalf of the 105
board, on applications for authorization to use board of 106
trustees-owned submerged lands for any activity regulated under 107
part IV of chapter 373 for which the water management district 108
has permitting responsibility as set forth in an operating 109
agreement adopted pursuant to s. 373.046(4). This water 110
management district responsibility under this subsection is 111
shall be subject to the department’s general supervisory 112
authority pursuant to s. 373.026(6) s. 373.026(7). The board of 113
trustees may also delegate to the Department of Agriculture and 114
Consumer Services the authority to take final agency action on 115
behalf of the board on applications to use board of trustees -116 Florida Senate - 2025 SB 56
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owned submerged lands for any activity for which that department 117
has responsibility pursuant to ss. 253.67 -253.75, 369.25, 118
369.251, and 597.010. However, the board of trustees shall 119
retain the authority to take final agency action on establishing 120
any areas for leasing, new leases, expanding existing lease 121
areas, or changing the type of lease activity in existing 122
leases. Upon issuance of an aquaculture lease or other real 123
property transaction relating to aquaculture, the Department of 124
Agriculture and Consumer Services must send a copy of the 125
document and the accompanying survey to the Department of 126
Environmental Protection. The board of trustees may also 127
delegate to the Fish and Wildlife Conservation Commission the 128
authority to take final agency action, without any action on 129
behalf of the board, on applications for authorization to use 130
board of trustees-owned submerged lands for any activity 131
regulated under ss. 369.20 and 369.22. 132
Section 5. Subsection (6) of section 373.026, Florida 133
Statutes, is amended to read: 134
373.026 General powers and duties of the department. —The 135
department, or its successor agency, shall be responsible for 136
the administration of this chapter at the state level. However, 137
it is the policy of the state that, to the greatest extent 138
possible, the department may enter into interagency or 139
interlocal agreements with any other state agency, any water 140
management district, or any local government conducting programs 141
related to or materially affecting the water resources of the 142
state. All such agreements shall be subject to the provisions of 143
s. 373.046. In addition to its other powers and duties, the 144
department shall, to the greatest extent possible: 145 Florida Senate - 2025 SB 56
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(6) Conduct, either independently or in cooperation with 146
any person or governmental agency, a program of study, research, 147
and experimentation and evaluation in the field of weather 148
modification. 149
Section 6. Subsections (1) and (9) of section 373.1501, 150
Florida Statutes, are amended to read: 151
373.1501 South Florida Water Management District as local 152
sponsor.— 153
(1) As used in this section and s. 373.026(7) s. 154
373.026(8), the term: 155
(a) “C-111 Project” means the project identified in the 156
Central and Southern Florida Flood Control Project, Real Estate 157
Design Memorandum, Canal 111, South Miami -Dade County, Florida. 158
(b) “Department” means the Department of Environmental 159
Protection. 160
(c) “District” means the South Florida Water Management 161
District. 162
(d) “Kissimmee River Restoration Project” means the project 163
identified in the Project Cooperation Agreement between the 164
United States Department of the Army and the South Florida Water 165
Management District dated March 22, 1994. 166
(e) “Pal-Mar Project” means the Pal -Mar (West Jupiter 167
Wetlands) lands identified in the Save Our Rivers 2000 Land 168
Acquisition and Management Plan approved by the South Florida 169
Water Management District on September 9, 1999 (Resolution 99 -170
94). 171
(f) “Project” means the Central and Southern Florida 172
Project. 173
(g) “Project component” means any structural or operational 174 Florida Senate - 2025 SB 56
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change, resulting from the restudy, to the Central and Southern 175
Florida Project as it existed and was operated as of January 1, 176
1999. 177
(h) “Restudy” means the Comprehensive Review Study of the 178
Central and Southern Florida Project, for which federal 179
participation was authorized by the federal Water Resources 180
Development Acts of 1992 and 1996 together with related 181
congressional resolutions and for which participation by the 182
South Florida Water Management District is authorized by this 183
section. The term includes all actions undertaken pursuant to 184
the aforementioned authorizations which will result in 185
recommendations for modifications or additions to the Central 186
and Southern Florida Project. 187
(i) “Southern Corkscrew Regional Ecosystem Watershed 188
Project” means the area described in the Critical Restoration 189
Project Contract C-9906 Southern Corkscrew Regional Ecosystem 190
Watershed Project Addition/Imperial River Flowway and approved 191
by the South Florida Water Management District on August 12, 192
1999. 193
(j) “Water Preserve Areas” means those areas located only 194
within Palm Beach and Broward counties that are designated as 195
Water Preserve Areas, as approved by the South Florida Water 196
Management District Governing Board on September 11, 1997, and 197
shall also include all of those lands within Cell II of the East 198
Coast Buffer in Broward County as delineated in the boundary 199
survey prepared by Stoner and Associates, Inc., dated January 200
31, 2000, SWFWMD #10953. 201
(k) “Ten Mile Creek Project” means the Ten Mile Creek Water 202
Preserve Area identified in the Central and Southern Florida 203 Florida Senate - 2025 SB 56
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Ecosystem Critical Project Letter Report dated April 13, 1998. 204
(9) Final agency action with regard to any project 205
component subject to s. 373.026(7)(b) s. 373.026(8)(b) shall be 206
taken by the department. Actions taken by the district pursuant 207
to subsection (5) may shall not be considered final agency 208
action. A Any petition for formal proceedings filed pursuant to 209
ss. 120.569 and 120.57 requires shall require a hearing under 210
the summary hearing provisions of s. 120.574, which is shall be 211
mandatory. The final hearing under this section must shall be 212
held within 30 days after receipt of the petition by the 213
Division of Administrative Hearings. 214
Section 7. Paragraph (c) of subsection (10) of section 215
373.4598, Florida Statutes, is amended to read: 216
373.4598 Water storage reservoirs. — 217
(10) FUNDING.— 218
(c) Notwithstanding s. 373.026(7)(b) s. 373.026(8)(b) or 219
any other provision of law, the use of state funds is authorized 220
for the EAA reservoir project. 221
Section 8. Paragraph (a) of subsection (6) of section 222
373.470, Florida Statutes, is amended to read: 223
373.470 Everglades restoration. — 224
(6) DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND. — 225
(a) Except as provided in paragraphs (d) and (e) and for 226
funds appropriated for debt service, the department shall 227
distribute funds in the Save Our Everglades Trust Fund to the 228
district in accordance with a legislative appropriation and s. 229
373.026(7)(b) s. 373.026(8)(b). Distribution of funds to the 230
district from the Save Our Everglades Trust Fund shall be 231
equally matched by the cumulative contributions from the 232 Florida Senate - 2025 SB 56
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district by fiscal year 2019 -2020 by providing funding or 233
credits toward project components. The dollar value of in -kind 234
project design and construction work by the district in 235
furtherance of the comprehensive plan and existing interest in 236
public lands needed for a project component are credits towards 237
the district’s contributions. 238
Section 9. This act shall take effect July 1, 2025. 239