Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. PCS (664100) for SB 1582
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/24/2014           .                                
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       The Committee on Appropriations (Hays) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 621 - 638
    4  and insert:
    5  the date on which that the discharge occurred.
    6         (c)1. The department may perform financial and technical
    7  audits in order to verify site restoration costs and ensure
    8  compliance with this chapter. The department shall seek recovery
    9  of any overpayment based on the findings of the audits. The
   10  department must begin an audit within 5 years after the date of
   11  payment for costs incurred at a facility, except in cases in
   12  which the department alleges specific facts indicating fraud.
   13         2. Upon determination by the department that any portion of
   14  costs that have been paid from the fund is disallowed, the
   15  department shall provide written notice to the recipient of the
   16  payment specifying the allegations of fact that justify the
   17  department’s proposed action and ordering repayment of
   18  disallowed costs within 60 days after receipt of such notice.
   19         3. If the recipient does not make payment to the department
   20  within 60 days after receipt of such notice, the department
   21  shall seek recovery in a court of competent jurisdiction to
   22  recover the overpayment, unless the department finds the amount
   23  involved too small or the likelihood of recovery too uncertain.
   24         4. In addition to the amount of the overpayment, the
   25  recipient is liable to the department for interest of 1 percent
   26  per month or the prime rate, whichever is less, on the amount of
   27  the overpayment from the date of the overpayment by the
   28  department until the recipient satisfies the department’s
   29  request for repayment pursuant to this paragraph. The accrual of
   30  interest shall be tolled during the pendency of any litigation.
   31         (d) Claims that accrued under former reimbursement or
   32  preapproval programs are expressly preserved.
   33         (e)(c) If the department initiates an enforcement action to
   34  clean up a contaminated site and determines that the responsible
   35  party cannot is financially unable to undertake complete
   36  restoration of the contaminated site, that the current property
   37  owner was not responsible for the discharge when the
   38  contamination first occurred, or that the state’s interest can
   39  best be served by conducting cleanup, the department may enter
   40  into an agreement with the responsible party or property owner
   41  whereby the department agrees to conduct site rehabilitation and
   42  the responsible party or property owner agrees to pay for the
   43  portion of the cleanup costs that are within such party’s or
   44  owner’s financial capabilities as determined by the department,
   45  taking into consideration the party’s or owner’s net worth and
   46  the economic impact on the party or owner.