House Bill hb1635

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    Florida House of Representatives - 2001                HB 1635

        By Representative Goodlette






  1                      A bill to be entitled

  2         An act relating to environmental control;

  3         amending s. 369.25, F.S.; clarifying

  4         enforcement powers of the Department of

  5         Environmental Protection with respect to pt. I

  6         of ch. 369, F.S., relating to aquatic plant

  7         control; amending s. 373.129, F.S.; revising a

  8         reference with respect to enforcement of pt. IV

  9         of ch. 373, F.S., relating to management and

10         storage of surface waters; creating s. 373.437,

11         F.S.; authorizing the governing board of a

12         water management district to assess

13         administrative penalties for purposes of pt. IV

14         of ch. 373, F.S., relating to management and

15         storage of surface waters; amending s. 377.37,

16         F.S.; providing that the Department of

17         Environmental Protection shall assess

18         administrative penalties for energy resource

19         violations in accordance with provisions for

20         administrative remedies in s. 403.121, F.S.;

21         providing for deposit of such penalties in the

22         Minerals Trust Fund; specifying uses of funds;

23         amending s. 378.211, F.S.; authorizing the

24         department to institute an administrative

25         action with respect to a violation of pt. III

26         of ch. 378, F.S., relating to phosphate land

27         reclamation; removing penalty limitations;

28         amending s. 403.121, F.S.; revising provisions

29         relating to judicial remedies available to the

30         department under the Florida Air and Water

31         Pollution Control Act; providing criteria for

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  1         cases in which the department shall proceed

  2         with administrative action; providing

  3         exceptions; providing specified limits on

  4         administrative penalties and notice of

  5         violation seeking administrative penalties;

  6         revising provisions relating to notice and

  7         service of notice of violation; providing

  8         procedure and requirements with respect to

  9         administrative hearings; providing that a

10         respondent may request mediation if the

11         department imposes an administrative penalty;

12         providing mediation procedure and requirements;

13         providing for award of costs and attorney's

14         fees in administrative proceedings; providing

15         construction with respect to injunctive relief,

16         damages, and settlements; authorizing the

17         department to pursue penalties in excess of

18         $10,000 for specified violations; providing an

19         administrative penalty schedule for drinking

20         water contamination violations, domestic or

21         industrial wastewater violations, dredge and

22         fill stormwater violations, first-time mangrove

23         trimming or altering violations, solid waste

24         violations, air emission violations, and

25         storage tank system and petroleum discharge or

26         release violations; providing exceptions to the

27         schedule; providing a schedule of additional

28         administrative penalties; providing for

29         consideration of a violator's history of

30         noncompliance with respect to specified

31         violations; providing penalty limits and

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  1         reductions; providing for deposit and use of

  2         funds derived from administrative penalties;

  3         providing construction; amending s. 403.131,

  4         F.S.; providing that judicial and

  5         administrative remedies to recover damages and

  6         penalties in ss. 403.131 and 403.121, F.S., are

  7         alternative and mutually exclusive; amending s.

  8         403.727, F.S.; removing provisions relating to

  9         assessment by the department of noncompliance

10         fees for Class II violations of pt. IV of ch.

11         403, relating to resource recovery and

12         management, and the deposit of such fees;

13         amending s. 403.860, F.S.; providing for

14         assessment of administrative penalties by the

15         department or a county health department for

16         violations of pt. V of ch. 403, F.S., relating

17         to environmental regulation, in accordance with

18         s. 403.121, F.S.; eliminating provisions

19         relating to noncompliance fees and

20         administrative penalties to conform; requiring

21         the department to submit a report; reenacting

22         ss. 373.129(7), 373.303(1)(j), 376.322(4),

23         403.4135(2), 403.7045(3)(d), 403.708(12),

24         403.726(2) and (3), 403.727(2), 403.758(1),

25         403.811, and 403.9419, F.S., to incorporate the

26         amendments to ss. 403.121 and 403.131, F.S., in

27         references thereto; reenacting s. 627.756(2),

28         F.S., to incorporate the amendment to s.

29         403.727, F.S., in a reference thereto;

30         reenacting ss. 381.0063, 403.854(7), and

31         403.862(7), F.S., to incorporate the amendment

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  1         to s. 403.860, F.S., in references thereto;

  2         providing an effective date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Paragraph (k) is added to subsection (3) of

  7  section 369.25, Florida Statutes, to read:

  8         369.25  Aquatic plants; definitions; permits; powers of

  9  department; penalties.--

10         (3)  The department has the following powers:

11         (k)  To enforce this chapter in the same manner and to

12  the same extent as provided in ss. 403.121, 403.131, 403.141,

13  and 403.161.

14         Section 2.  Subsection (7) of section 373.129, Florida

15  Statutes, is amended to read:

16         373.129  Maintenance of actions.--The department, the

17  governing board of any water management district, any local

18  board, or a local government to which authority has been

19  delegated pursuant to s. 373.103(8), is authorized to commence

20  and maintain proper and necessary actions and proceedings in

21  any court of competent jurisdiction for any of the following

22  purposes:

23         (7)  Enforce the provisions of part IV of this chapter

24  in the same manner and to the same extent as provided in ss.

25  373.430, 403.121(1) and (2), 403.131, 403.141, and 403.161.

26         Section 3.  Section 373.437, Florida Statutes, is

27  created to read:

28         373.437  Administrative penalties.--The governing board

29  is authorized to assess administrative penalties in the same

30  manner and to the same extent as provided in s. 403.121.

31

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  1         Section 4.  Paragraph (a) of subsection (1) of section

  2  377.37, Florida Statutes, is amended to read:

  3         377.37  Penalties.--

  4         (1)(a)  Any person who violates any provision of this

  5  law or any rule, regulation, or order of the division made

  6  under this chapter or who violates the terms of any permit to

  7  drill for or produce oil, gas, or other petroleum products

  8  referred to in s. 377.242(1), or any lessee, permitholder, or

  9  operator of equipment or facilities used in the exploration

10  for, drilling for, or production of oil, gas, or other

11  petroleum products who refuses inspection by the division as

12  provided in this chapter, is liable to the state for any

13  damage caused to the air, waters, or property, including

14  animal, plant, or aquatic life, of the state and for

15  reasonable costs and expenses of the state in tracing the

16  source of the discharge, in controlling and abating the source

17  and the pollutants, and in restoring the air, waters, and

18  property, including animal, plant, and aquatic life, of the

19  state. Furthermore, such person, lessee, permitholder, or

20  operator is subject to the judicial imposition of a civil

21  penalty in an amount of not more than $10,000 for each

22  offense. However, the court may receive evidence in

23  mitigation. Each day during any portion of which such

24  violation occurs constitutes a separate offense. The

25  department shall assess administrative penalties for

26  violations of this chapter in accordance with s. 403.121.

27  Penalties collected pursuant to this subsection shall be

28  deposited in the Minerals Trust Fund. The department may use a

29  portion of the fund to contract for services to help in the

30  collection of the administrative penalties assessed pursuant

31

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  1  to this subsection. Nothing herein shall give the department

  2  the right to bring an action on behalf of any private person.

  3         Section 5.  Subsection (2) of section 378.211, Florida

  4  Statutes, is amended to read:

  5         378.211  Violations; damages; penalties.--

  6         (2)  The department may institute a civil action in a

  7  court of competent jurisdiction or an administrative action

  8  pursuant to s. 403.121 to impose and recover a civil penalty

  9  for violation of this part or of any rule adopted or order

10  issued pursuant to this part. The penalty shall not exceed the

11  following amounts, and the court shall consider evidence in

12  mitigation:

13         (a)  For violations of a minor or technical nature,

14  $100 per violation.

15         (b)  For major violations by an operator on which a

16  penalty has not been imposed under this paragraph during the

17  previous 5 years, $1,000 per violation.

18         (c)  For major violations not covered by paragraph (b),

19  $5,000 per violation.

20

21  Subject to the provisions of subsection (4), each day or any

22  portion thereof in which the violation continues shall

23  constitute a separate violation.

24         Section 6.  Section 403.121, Florida Statutes, is

25  amended to read:

26         403.121  Enforcement; procedure; remedies.--The

27  department shall have the following judicial and

28  administrative remedies available to it for violations of this

29  chapter, as specified in s. 403.161(1).

30         (1)  Judicial remedies:

31

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  1         (a)  The department may institute a civil action in a

  2  court of competent jurisdiction to establish liability and to

  3  recover damages for any injury to the air, waters, or

  4  property, including animal, plant, and aquatic life, of the

  5  state caused by any violation.

  6         (b)  The department may institute a civil action in a

  7  court of competent jurisdiction to impose and to recover a

  8  civil penalty for each violation in an amount of not more than

  9  $10,000 per offense.  However, the court may receive evidence

10  in mitigation. Each day during any portion of which such

11  violation occurs constitutes a separate offense.

12         (c)  Except as provided in paragraph (2)(c), it shall

13  not be a defense to, or ground for dismissal of, these

14  judicial remedies for damages and civil penalties that the

15  department has failed to exhaust its administrative remedies,

16  has failed to serve a notice of violation, or has failed to

17  hold an administrative hearing prior to the institution of a

18  civil action.

19         (2)  Administrative remedies:

20         (a)  The department may institute an administrative

21  proceeding to establish liability and to recover damages for

22  any injury to the air, waters, or property, including animal,

23  plant, or aquatic life, of the state caused by any violation.

24  The department may order that the violator pay a specified sum

25  as damages to the state. Judgment for the amount of damages

26  determined by the department may be entered in any court

27  having jurisdiction thereof and may be enforced as any other

28  judgment.

29         (b)  If the department has reason to believe a

30  violation has occurred, it may institute an administrative

31  proceeding to order the prevention, abatement, or control of

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  1  the conditions creating the violation or other appropriate

  2  corrective action. Except for violations involving hazardous

  3  wastes, asbestos, or underground injection, the department

  4  shall proceed administratively in all cases in which the

  5  department seeks administrative penalties that do not exceed

  6  $10,000 per assessment as calculated in accordance with

  7  subsections (3), (4), (5), (6), and (7). The department shall

  8  not impose administrative penalties in excess of $10,000 in a

  9  notice of violation. The department shall not have more than

10  one notice of violation seeking administrative penalties

11  pending against the same party at the same time unless the

12  violations occurred at a different site or the violations were

13  discovered by the department subsequent to the filing of a

14  previous notice of violation.

15         (c)  An administrative proceeding shall be instituted

16  by the department's serving of a written notice of violation

17  upon the alleged violator by certified mail. If the department

18  is unable to effect service by certified mail, the notice of

19  violation may be hand delivered or personally served in

20  accordance with chapter 48.  The notice shall specify the

21  provision of the law, rule, regulation, permit, certification,

22  or order of the department alleged to be violated and the

23  facts alleged to constitute a violation thereof.  An order for

24  corrective action, penalty assessment, or damages may be

25  included with the notice. When the department is seeking to

26  impose an administrative penalty for any violation by issuing

27  a notice of violation, any corrective action needed to correct

28  the violation or damages caused by the violation must be

29  pursued in the notice of violation or they are waived.

30  However, no order shall become effective until after service

31  and an administrative hearing, if requested within 20 days

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  1  after service.  Failure to request an administrative hearing

  2  within this time period shall constitute a waiver thereof.

  3         (d)  If a person timely files a petition challenging a

  4  notice of violation, that person will thereafter be referred

  5  to as the respondent. The hearing requested by the respondent

  6  shall be held within 180 days after the department has

  7  referred the initial petition to the Division of

  8  Administrative Hearings, unless the parties agree to a later

  9  date. The department has the burden of proving with the

10  preponderance of the evidence that the respondent is

11  responsible for the violation. No administrative penalties

12  shall be imposed unless the department satisfies that burden.

13  Following the close of the hearing, the administrative law

14  judge shall issue a final order on all matters, including the

15  imposition of an administrative penalty. When the department

16  seeks to enforce that portion of a final order imposing

17  administrative penalties pursuant to s. 120.69, the respondent

18  shall not assert as a defense the inappropriateness of the

19  administrative remedy. The department retains its final order

20  authority in all administrative actions that do not request

21  the imposition of administrative penalties.

22         (e)  After filing a petition requesting a formal

23  hearing in response to a notice of violation in which the

24  department imposes an administrative penalty, a respondent may

25  request that a private mediator be appointed to mediate the

26  dispute by contacting the Florida Conflict Resolution

27  Consortium within 10 days of receipt of the initial order from

28  the administrative law judge. The Florida Conflict Resolution

29  Consortium shall pay all of the costs of the mediator and up

30  to 8 hours per case of the mediator's time at the rate of $150

31  per hour. Upon notice from the respondent, the Florida

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  1  Conflict Resolution Consortium shall provide to the respondent

  2  a list of prospective mediators from the area in which the

  3  hearing on the petition would be heard. The respondent shall

  4  select the mediator and notify the Florida Conflict Resolution

  5  Consortium of the selection within 15 days of receipt of the

  6  list of prospective mediators. The Florida Conflict Resolution

  7  Consortium shall provide all administrative support for the

  8  mediation process. The mediation must be completed at least 15

  9  days before the final hearing date set by the administrative

10  law judge.

11         (f)  In any administrative proceeding brought by the

12  department, the prevailing party shall recover all costs as

13  provided in ss. 57.041 and 57.071. The costs shall be included

14  in the final order. The respondent is the prevailing party

15  when an order is entered awarding no penalties to the

16  department and such order has not been reversed on appeal or

17  the time for seeking judicial review of the order has expired.

18  The respondent shall be entitled to an award of attorney's

19  fees if the administrative law judge determines that the

20  department initiated the notice of violation seeking the

21  imposition of administrative penalties for an improper purpose

22  as defined in s. 120.595(1)(e)1. No award of attorney's fees

23  as provided by this subsection shall exceed $15,000.

24         (g)(d)  Nothing herein shall be construed as preventing

25  any other legal or administrative action in accordance with

26  law. Nothing in this subsection shall limit the department's

27  authority provided in this section and ss. 403.131 and 403.141

28  to judicially pursue temporary injunctive relief. The

29  department has the authority to enter into a settlement either

30  before or after initiating a notice of violation, and the

31  settlement may include a penalty amount different from the

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  1  administrative penalty schedule. The department retains the

  2  authority to judicially pursue penalties in excess of $10,000

  3  for violations not specifically included in the administrative

  4  penalty schedule, or for multiple violations or violations

  5  occurring on more than 1 day alleged to exceed a total of

  6  $10,000, or for violations in which the economic benefit is

  7  alleged to exceed $10,000. The department also retains the

  8  authority provided in this section and in ss. 403.131 and

  9  403.141 to judicially pursue permanent injunctive relief and

10  damages if a notice of violation seeking the imposition of

11  administrative penalties has not been issued. Any case filed

12  in state court because it is alleged to exceed a total of

13  $10,000 in penalties may be settled in the state court action

14  for less than $10,000.

15         (3)  Except for violations involving hazardous wastes,

16  asbestos, or underground injection, administrative penalties

17  shall be calculated according to the following schedule:

18         (a)  For a drinking water contamination violation, the

19  department shall assess a penalty of $2,000 for a maximum

20  contaminant level violation; plus $1,000 if the violation is

21  for a primary inorganic, organic, or radiological maximum

22  contaminant level, or if it is a fecal coliform bacteria

23  violation; plus $1,000 if the violation occurs at a community

24  water system; and plus $1,000 if any maximum contaminant level

25  is exceeded by more than 100 percent.

26         (b)  For a failure to obtain a required wastewater

27  permit, other than a permit required for discharge, the

28  department shall assess a penalty of $1,000. For a domestic or

29  industrial wastewater violation not involving a surface water

30  or groundwater quality violation, the department shall assess

31  a penalty of $2,000 for an unpermitted or unauthorized

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  1  discharge or for exceeding an effluent limitation. For an

  2  unpermitted or unauthorized discharge or for exceeding an

  3  effluent limitation that resulted in a surface water or

  4  groundwater quality violation, the department shall assess a

  5  penalty of $5,000.

  6         (c)  For a dredge and fill or stormwater violation, the

  7  department shall assess a penalty of $1,000 for unpermitted or

  8  unauthorized dredging or filling or unauthorized construction

  9  of a stormwater management system against the person or

10  persons responsible for the illegal dredging or filling or

11  unauthorized construction of a stormwater management system;

12  plus $2,000 if the dredging or filling occurs in or contiguous

13  to an aquatic preserve, Outstanding Florida Water conservation

14  easement, or Class I or Class II surface water; plus $1,000 if

15  the area dredged and/or filled is greater than 1/4 acre but

16  less than and 1/2 acre; and plus $1,000 if the area dredged

17  and/or filled is greater than 1/2 acre but less than 1 acre.

18  The administrative penalty schedule shall not apply to a

19  dredge and fill violation if the area dredged and/or filled

20  exceeds 1 acre. The department retains the authority to seek

21  the judicial imposition of civil penalties for all dredge and

22  fill violations involving more than 1 acre. The department

23  shall assess a penalty of $3,000 for the failure to complete

24  required mitigation, failure to record a required conservation

25  easement, or for a water quality violation resulting from

26  dredging or filling activities, stormwater construction

27  activities, or failure of a stormwater treatment facility. For

28  stormwater management systems serving less than 5 acres, the

29  department shall assess a penalty of $2,000 for the failure to

30  properly or timely construct a stormwater management system.

31  In addition to the penalties authorized in this subsection,

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  1  the department shall assess a penalty of $5,000 per day per

  2  violation against the contractor or agent of the owner or

  3  tenant that conducts unpermitted or unauthorized dredging or

  4  filling.

  5         (d)  For a first-time mangrove trimming or altering

  6  violation, the department shall assess a penalty of $1,000 for

  7  the alteration of less than 100 square feet of mangroves or

  8  the trimming of less than 500 square feet of mangroves; $2,000

  9  for the alteration of 100 to 500 square feet of mangroves or

10  the trimming of 500 to 1,000 square feet of mangroves; $3,500

11  for the alteration of 500 to 1,000 square feet of mangroves or

12  the trimming of 1,000 to 5,000 square feet of mangroves; or

13  $5,000 for the alteration of over 1,000 square feet of

14  mangroves or the trimming of over 5,000 square feet of

15  mangroves. In addition to the penalties authorized in this

16  subsection, the department shall assess a penalty of $5,000

17  per day per violation against the contractor or agent of the

18  owner or tenant that conducts unpermitted or unauthorized

19  mangrove trimming or alteration. For second and subsequent

20  mangrove trimming or alteration violations, in addition to the

21  schedule of penalties in this paragraph, additional penalties

22  shall be imposed as provided in s. 403.9332(3).

23         (e)  For solid waste violations, the department shall

24  assess a penalty of $2,000 for the unpermitted or unauthorized

25  disposal or storage of solid waste; plus $1,000 if the solid

26  waste is Class I or Class III, excluding yard trash, or if the

27  solid waste is construction and demolition debris in excess of

28  20 cubic yards; plus $1,000 if the waste is disposed of or

29  stored in any natural or artificial body of water or within

30  500 feet of a potable water well; plus $1,000 if the waste

31  contains polychlorinated biphenyls at a concentration of 50

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  1  parts per million or greater, untreated biomedical waste,

  2  friable asbestos greater than 1 cubic meter that is not

  3  wetted, bagged, and covered, used oil greater than 25 gallons,

  4  or 10 or more lead acid batteries. The department shall assess

  5  a penalty of $3,000 for failure to properly maintain leachate

  6  control; unauthorized burning; failure to have a trained

  7  spotter on duty at the working face when accepting waste; or

  8  failure to provide access control for three consecutive

  9  inspections. The department shall assess a penalty of $2,000

10  for failure to properly or timely construct or maintain a

11  required stormwater management system.

12         (f)  For an air emission violation, the department

13  shall assess a penalty of $1,000 for an unpermitted or

14  unauthorized air emission or for exceeding the limits of an

15  air emission permit; plus $1,000 if the emission results in an

16  air quality violation; plus $3,000 if the emission was from a

17  major source and the source was major for the pollutant in

18  violation; and plus $1,000 if the emission was more than 150

19  percent of the allowable level.

20         (g)  For storage tank system and petroleum

21  contamination violations, the department shall assess a

22  penalty of $5,000 for failure to empty a damaged storage

23  system as necessary to ensure that a release does not occur

24  until repairs to the storage system are completed, when a

25  release has occurred from that storage tank system, failure to

26  timely recover free product, or failure to conduct remediation

27  or monitoring activities until a no further action order or

28  site rehabilitation completion order has been issued. The

29  department shall assess a penalty of $3,000 for failure to

30  timely upgrade a storage tank system. The department shall

31  assess a penalty of $2,000 for failure to conduct or maintain

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  1  required release detection, failure to timely investigate a

  2  suspected release from a storage system, failure to timely

  3  assess or remediate petroleum contamination, depositing motor

  4  fuel into an unregistered storage tank, or failure to properly

  5  install a storage tank system. The department shall assess a

  6  penalty of $1,000 for failure to properly operate, maintain,

  7  or close a storage tank system.

  8         (4)  In an administrative proceeding, in addition to

  9  the penalties that may be assessed under subsection (3), the

10  department shall assess administrative penalties according to

11  the following schedule:

12         (a)  For failure to satisfy financial responsibility

13  requirements or for violation of s. 377.371(1): $5,000.

14         (b)  For failure to install, maintain, or use a

15  required pollution control system or device: $4,000.

16         (c)  For failure to obtain a required permit not

17  otherwise specifically included in subsection (3): $3,000.

18         (d)  For failure to conduct required monitoring or

19  testing; failure to conduct required release detection;

20  failure to construct in compliance with a permit; violation of

21  a specific permit condition not otherwise specifically

22  included in this section; or failure to plug oil or gas wells:

23  $2,000.

24         (e)  For failure to maintain required staff to respond

25  to emergencies; failure to conduct required training; failure

26  to prepare, maintain, or update required contingency plans;

27  failure to adequately respond to emergencies to bring an

28  emergency situation under control; failure to comply with

29  geophysical seismic line safety onsite reclamation

30  requirements; or failure to submit required notification to

31  the department or the department's agent: $1,000.

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  1         (f)  For failure to prepare, submit, maintain, or use

  2  required reports or other required documentation: $500.

  3         (5)  For failure to comply with any other department

  4  regulatory statute or rule requirement not otherwise

  5  identified in this section, the department may assess a

  6  penalty of $500.

  7         (6)  For each additional day during which the violation

  8  occurs, the administrative penalties in subsections (3), (4),

  9  and (5) may be assessed per day per violation.

10         (7)  The history of noncompliance of the violator for

11  any previous violation resulting in an executed consent order,

12  final order, or judgment involving the imposition of $2,000 or

13  more in penalties shall be taken into consideration in the

14  following manner:

15         (a)  One previous violation within 5 years prior to the

16  filing of the notice of violation will result in a 50 percent

17  per day increase in the scheduled administrative penalty.

18         (b)  Two previous violations within 5 years prior to

19  the filing of the notice of violation will result in a 75

20  percent per day increase in the scheduled administrative

21  penalty.

22         (c)  Three or more previous violations within 5 years

23  prior to the filing of the notice of violation will result in

24  a 100 percent per day increase in the scheduled administrative

25  penalty.

26         (8)  The direct economic benefit gained by the violator

27  from the violation shall be added to the scheduled

28  administrative penalty.

29         (9)  The administrative penalties assessed for any

30  particular violation shall not exceed $5,000 against any one

31  violator, unless the violator has a history of noncompliance,

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  1  the economic benefit of the violation exceeds $5,000, or there

  2  are violations occurring on more than 1 day. The total

  3  administrative penalties shall not exceed $10,000 per

  4  assessment for all violations attributable to a specific

  5  person in the notice of violation.

  6         (10)  The administrative law judge may receive evidence

  7  in mitigation. The penalties identified in subsections (3),

  8  (4), and (5) may be reduced up to 50 percent by the

  9  administrative law judge for mitigating circumstances,

10  including good faith efforts to comply prior to or after

11  discovery of the violations by the department.

12         (11)  Penalties collected pursuant to this subsection

13  shall be deposited in the Ecosystem Management and Restoration

14  Trust Fund or other trust fund designated by statute. The

15  Florida Conflict Resolution Consortium may use a portion of

16  the fund to administer the mediation process provided in

17  paragraph (2)(e) and to contract with private mediators for

18  administrative penalty cases.

19         (12)  The purpose of the administrative penalty

20  schedule and process is to provide a more predictable and

21  efficient manner for individuals and businesses to resolve

22  minor environmental disputes. Nothing in subsections (3), (4),

23  (5), (6), or (7) shall be construed as limiting a state court

24  in the assessment of damages. The administrative penalty

25  schedule does not apply to penalties that exceed the penalty

26  caps described in subsection (9).

27         (3)(a)  In addition to any judicial or administrative

28  remedy authorized by this part, the department may assess a

29  noncompliance fee for failure of any owner or operator of a

30  domestic wastewater treatment facility to comply with a permit

31  condition that requires the submittal of monthly operating

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  1  reports or the reporting of the characteristics of the waste

  2  stream or the effects of the facility on surface or ground

  3  water.  For the first and second violations of the reporting

  4  requirements, the fee shall not be assessed until the

  5  department has given the owner or operator at least 30 days to

  6  comply with the reporting requirement.  The time shall not

  7  begin until the department has given the owner or operator

  8  written notice of the facts alleged to constitute the

  9  reporting violation, the specific provision of law, rule, or

10  order alleged to have been violated by the owner or operator,

11  the corrective action needed to bring the facility into

12  compliance, and the potential penalties that may be imposed as

13  a result of the owner's or operator's failure to comply with

14  the notice.  For subsequent violations, the department does

15  not have to provide 30 days' written notice of the violations

16  prior to assessing a noncompliance fee, except as follows:

17         1.  If any additional reporting violations occur prior

18  to the expiration of either of the 30-day notices issued by

19  the department, the department must provide the owner or

20  operator with 30 days' written notice to correct these

21  violations as well.

22         2.  Upon the renewal of the permit, the department

23  shall reinstate the 30-day notice requirements provided in

24  this subsection prior to assessing a noncompliance fee during

25  the new permit period.

26         (b)  At the time of assessment of a noncompliance fee,

27  the department shall give the owner or operator written notice

28  setting forth the amount assessed, the specific provision of

29  law, rule, or order alleged to be violated, the facts alleged

30  to constitute the violation, the corrective action needed to

31  bring the party into compliance, and the rights available

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  1  under chapter 120 to challenge the assessment.  The assessment

  2  shall be final and effective unless an administrative

  3  proceeding is requested within 20 days after receipt of the

  4  written notice, and shall be enforceable pursuant to s.

  5  120.69.  Once the assessment has become final and effective,

  6  the department may refuse to issue, modify, transfer, or renew

  7  a permit to the facility until the fee has been paid.

  8         (c)  Before assessing a noncompliance fee, the

  9  department shall adopt rules to implement the provisions of

10  this subsection. The rules shall establish specific procedures

11  and assessment amounts for noncompliance fees authorized by

12  paragraph (a). Noncompliance fees shall be set on a sliding

13  scale based upon the type of violation, the degree of

14  noncompliance, and the potential for harm.  Such rules shall

15  also authorize the application of adjustment factors

16  subsequent to the initial assessment to increase or decrease

17  the total amount assessed, such as the good faith efforts or

18  the lack of good faith efforts of the owner or operator to

19  comply with the reporting requirement, the lack of or degree

20  of willfulness or negligence on the part of the owner or

21  operator, the economic benefits associated with the owner's or

22  operator's failure to comply, the owner's or operator's

23  previous history of reporting violations, and the owner's or

24  operator's ability to pay the noncompliance fee.  No

25  noncompliance fee shall exceed $250, and total noncompliance

26  fees assessed shall not exceed $1,000 per assessment for all

27  reporting violations attributable to a specific facility

28  during any one month. No noncompliance fee may be assessed

29  unless the department has, within 90 days of the reporting

30  violation, provided the owner or operator written notice of

31  the violation.

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  1         (d)  The department's assessment of a noncompliance fee

  2  shall be in lieu of any civil action which may be instituted

  3  by the department in a court of competent jurisdiction to

  4  impose and recover civil penalties for any violation that

  5  resulted in the fee assessment, unless the department

  6  initiates a civil action for nonpayment of a fee properly

  7  assessed pursuant to this subsection.

  8         (e)  Fees collected pursuant to this subsection shall

  9  be deposited in the Ecosystem Management and Restoration Trust

10  Fund.  The department may use a portion of the fund to

11  contract for services to help in the collection of the fees

12  assessed pursuant to this subsection.

13         Section 7.  Subsection (2) of section 403.131, Florida

14  Statutes, is amended to read:

15         403.131  Injunctive relief, cumulative remedies.--

16         (1)  The department may institute a civil action in a

17  court of competent jurisdiction to seek injunctive relief to

18  enforce compliance with this chapter or any rule, regulation,

19  permit certification, or order; to enjoin any violation

20  specified in s. 403.161(1); and to seek injunctive relief to

21  prevent irreparable injury to the air, waters, and property,

22  including animal, plant, and aquatic life, of the state and to

23  protect human health, safety, and welfare caused or threatened

24  by any violation.

25         (2)  All the judicial and administrative remedies to

26  recover damages and penalties in this section and s. 403.121

27  are independent and cumulative except that the judicial and

28  administrative remedies to recover damages are alternative and

29  mutually exclusive.

30         Section 8.  Subsection (3) of section 403.727, Florida

31  Statutes, is amended to read:

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  1         403.727  Violations; defenses, penalties, and

  2  remedies.--

  3         (3)  Violations of the provisions of this act are

  4  punishable as follows:

  5         (a)  Any person who violates the provisions of this

  6  act, the rules or orders of the department, or the conditions

  7  of a permit is liable to the state for any damages specified

  8  in s. 403.141 and for a civil penalty of not more than $50,000

  9  for each day of continued violation, except as otherwise

10  provided herein. The department may revoke any permit issued

11  to the violator.  In any action by the department against a

12  small hazardous waste generator for the improper disposal of

13  hazardous wastes, a rebuttable presumption of improper

14  disposal shall be created if the generator was notified

15  pursuant to s. 403.7234; the generator shall then have the

16  burden of proving that the disposal was proper. If the

17  generator was not so notified, the burden of proving improper

18  disposal shall be placed upon the department.

19         (b)  Any person who knowingly or by exhibiting reckless

20  indifference or gross careless disregard for human health:

21         1.  Transports or causes to be transported any

22  hazardous waste, as defined in s. 403.703, to a facility which

23  does not have a permit when such a permit is required under s.

24  403.707 or s. 403.722;

25         2.  Disposes of, treats, or stores hazardous waste:

26         a.  At any place but a hazardous waste facility which

27  has a current and valid permit pursuant to s. 403.722;

28         b.  In knowing violation of any material condition or

29  requirement of such permit if such violation has a substantial

30  likelihood of endangering human health, animal or plant life,

31  or property; or

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  1         c.  In knowing violation of any material condition or

  2  requirement of any applicable rule or standard if such

  3  violation has a substantial likelihood of endangering human

  4  health, animal or plant life, or property;

  5         3.  Makes any false statement or representation or

  6  knowingly omits material information in any hazardous waste

  7  application, label, manifest, record, report, permit, or other

  8  document required by this act;

  9         4.  Generates, stores, treats, transports, disposes of,

10  or otherwise handles any hazardous waste and who knowingly

11  destroys, alters, conceals, or fails to file any record,

12  application, manifest, report, or other document required to

13  be maintained or filed for purposes of compliance with this

14  act; or

15         5.  Transports without a manifest, or causes to be

16  transported without a manifest, any hazardous waste required

17  by rules adopted by the department to be accompanied by a

18  manifest

19

20  is, upon conviction, guilty of a felony of the third degree,

21  punishable for the first such conviction by a fine of not more

22  than $50,000 for each day of violation or imprisonment not to

23  exceed 5 years, or both, and for any subsequent conviction by

24  a fine of not more than $100,000 per day of violation or

25  imprisonment of not more than 10 years, or both.

26         (c)1.  As used in this paragraph, "Class II violation"

27  means a violation of this part, or the rules promulgated

28  pursuant to this part, which pertains to small quantity

29  generators as defined by applicable department rules and which

30  does not result in a discharge or serious threat of a

31  discharge of hazardous waste to the environment, or does not

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  1  involve the failure to ensure that groundwater will be

  2  protected or that hazardous waste will be destined for and

  3  delivered to permitted facilities.  Class II violations shall

  4  include, but need not be limited to, the failure to submit

  5  manifest exception reports in a timely manner, failure to

  6  provide a generator's United States Environmental Protection

  7  Agency identification number on the manifest, failure to

  8  maintain complete personnel training records, and failure to

  9  meet inspection schedule requirements for tanks and containers

10  that hold hazardous waste.

11         2.  In addition to any other judicial or administrative

12  remedy authorized by this part, the department may assess a

13  noncompliance fee for any Class II violation by a small

14  quantity generator.  For the first and second violations, the

15  fee shall not be assessed until the generator has failed to

16  comply after notice of noncompliance and has been given a

17  reasonable time to comply. If the owner or operator fails

18  after three or more notifications to comply with the

19  requirement to correct the Class II violation, the department

20  may assess the fee without waiting for compliance.

21         3.  At the time of assessment of a noncompliance fee,

22  the department shall give the small quantity generator written

23  notice setting forth the amount assessed, the specific

24  provision of law, rule, or order alleged to be violated, the

25  facts alleged to constitute the violation, the corrective

26  action needed to bring the party into compliance, and the

27  rights available under chapter 120 to challenge the

28  assessment.  The assessment shall be final and effective

29  unless an administrative proceeding is requested within 20

30  days after receipt of the written notice, and shall be

31  enforceable pursuant to s. 120.69.  Once the assessment has

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  1  become final and effective, the department shall refuse to

  2  issue, modify, transfer, or renew a permit or issue an

  3  identification number to the facility until the fee has been

  4  paid.

  5         4.  Before assessing any noncompliance fee, the

  6  department shall adopt rules to implement the provisions of

  7  this paragraph, which shall include a description of

  8  activities that constitute Class II violations and the setting

  9  of appropriate amounts for the noncompliance fees, based upon

10  the type of violation, but not to exceed $250.  Total

11  noncompliance fees assessed shall not exceed $1,000 per

12  assessment for all violations attributable to a specific

13  facility during any one month.

14         5.  The department's assessment of a noncompliance fee

15  shall be in lieu of any civil action that may be instituted by

16  the department in a court of competent jurisdiction to impose

17  and recover civil penalties for any violation that resulted in

18  the fee assessment, unless the department initiates a civil

19  action for nonpayment of a fee properly assessed pursuant to

20  this paragraph.

21         6.  Noncompliance fees collected pursuant to this

22  paragraph shall be deposited in the Ecosystem Management and

23  Restoration Trust Fund.  The department may use a portion of

24  the fund to contract for services to help in the collection of

25  fees assessed pursuant to this paragraph.

26         Section 9.  Subsections (5), (6), and (7) of section

27  403.860, Florida Statutes, are amended to read:

28         403.860  Penalties and remedies.--

29         (5)  In addition to any judicial or administrative

30  remedy authorized by this part, the department or a county

31  health department that has received approval by the department

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  1  pursuant to s. 403.862(1)(c) shall assess administrative

  2  penalties for violations of this section in accordance with s.

  3  403.121 may assess a noncompliance fee for failure of any

  4  supplier of water of a public water system to comply with

  5  department requirements for the reporting, in the manner and

  6  time provided by department rule, of test results for

  7  microbiological, inorganic, or organic contaminants; or

  8  turbidity, radionucleides, or secondary standards.

  9         (a)  For the first and second violations of the

10  microbiological reporting requirements, and for the first

11  violation of other reporting requirements, the fee shall not

12  be assessed until the department has given the supplier at

13  least 30 days to comply with the reporting requirement.  The

14  time shall not begin until the department has given the

15  supplier written notice of the facts alleged to constitute the

16  reporting violation, the specific provision of law, rule, or

17  order alleged to have been violated by the owner or operator,

18  the corrective action needed to bring the facility into

19  compliance, and the potential penalties that may be imposed as

20  a result of the supplier's failure to comply with the notice.

21  For subsequent violations of the microbiological reporting

22  requirements, the department does not have to provide 30-day

23  written notice of the violations prior to assessing a

24  noncompliance fee, provided, however, that if any additional

25  reporting violations occur prior to the expiration of either

26  30-day notice issued by the department, the department must

27  provide the supplier with a 30-day written notice to correct

28  those violations as well. Upon expiration of 36 months, the

29  department shall reinstate the 30-day notice requirements

30  provided in this subsection prior to assessing a noncompliance

31  fee.

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  1         (b)  At the time of assessment of a noncompliance fee,

  2  the department shall give the supplier written notice setting

  3  forth the amount assessed, the specific provision of law,

  4  rule, or order alleged to be violated, the facts alleged to

  5  constitute the violation, the corrective action needed to

  6  bring the party into compliance, and the rights available

  7  under chapter 120 to challenge the assessment.  The assessment

  8  shall be final and effective unless an administrative

  9  proceeding is requested within 20 days after receipt of the

10  written notice, and shall be enforceable pursuant to s.

11  120.69.

12         (c)  Before assessing a noncompliance fee, the

13  department shall adopt rules to implement the provisions of

14  this subsection. The rules shall establish specific procedures

15  and assessment amounts for noncompliance fees authorized by

16  paragraph (a). Noncompliance fees shall be set on a sliding

17  scale based upon the type of violation, the degree of

18  noncompliance, and the potential for harm.  Such rules shall

19  also authorize the application of adjustment factors

20  subsequent to initial assessment to increase or decrease the

21  total amount assessed, such as the good faith efforts or the

22  lack of good faith efforts of the supplier to comply with the

23  reporting requirements, the lack of or degree of willfulness

24  or negligence on the part of the supplier, the economic

25  benefits associated with the supplier's failure to comply with

26  the reporting violation, the supplier's previous history of

27  reporting violations, and the supplier's ability to pay the

28  noncompliance fee.

29         (d)  For microbiological reporting requirements, no

30  noncompliance fee shall exceed $250, and total noncompliance

31  fees assessed shall not exceed $1,000 per assessment for all

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  1  reporting violations attributable to a specific facility

  2  during any one month.

  3         (e)  For violations of reporting requirements other

  4  than microbiological, the fee shall be no greater than $50 per

  5  day for each day of violation, and the total amount assessed

  6  shall not exceed $2,000.

  7         (f)  The department's assessment of a noncompliance fee

  8  shall be in lieu of any civil action which may be instituted

  9  by the department in a court of competent jurisdiction to

10  impose and recover civil penalties for any violation that

11  resulted in the fee assessment, unless the department

12  initiates a civil action for nonpayment of a fee properly

13  assessed pursuant to this subsection.

14         (g)  No noncompliance fee may be assessed unless the

15  department has, within 90 days of the reporting violation,

16  provided the supplier written notice of the violation.

17         (6)  The department is authorized to assess

18  administrative penalties for failure to comply with the

19  requirements of the Florida Safe Drinking Water Act.

20         (a)  Prior to the assessment of an administrative

21  penalty, the department shall provide the public water system

22  a reasonable amount of time to complete the corrective action

23  necessary to bring the system back into compliance.

24         (b)1.  At the time of assessment of the administrative

25  penalty, the department shall give the public water system

26  notice setting forth the amount assessed, the specific

27  provision of law, rule, or order alleged to be violated, the

28  facts alleged to constitute the violation, the corrective

29  action needed to bring the party into compliance, and the

30  rights available under chapter 120 to challenge the

31  assessment.  The assessment shall be final and effective,

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  1  unless an administrative hearing is requested within 20 days

  2  after receipt of the written notice, and shall be enforceable

  3  pursuant to s. 120.69.

  4         2.  The department shall adopt rules to implement the

  5  provisions of this subsection.  The rules shall establish

  6  specific procedures for implementing the penalties and shall

  7  identify assessment amounts.  The rules shall authorize the

  8  application of adjustment factors for the purpose of

  9  increasing or decreasing the total amount assessed subsequent

10  to initial assessment. Such factors may include the lack or

11  degree of good faith to comply with the requirements, the lack

12  or degree of willfulness or negligence on the part of the

13  owner, the compliance history of the public water system, the

14  economic benefit derived by the failure to comply with the

15  requirements, and the ability to pay.

16         (c)  The amount of the penalties assessed shall be as

17  follows:

18         1.  In the case of a public water system serving a

19  population of more than 10,000, the penalty shall be not less

20  than $1,000 per day per violation.

21         2.  In the case of any other public water system, the

22  penalty shall be adequate to ensure compliance.

23

24  However, the total amount of the penalty assessed on any

25  public water system may not exceed $10,000 per violation.

26         (6)(7)  Fees collected pursuant to this section shall

27  be deposited in the Water Quality Assurance Trust Fund or the

28  appropriate County Health Department Trust Fund, in accordance

29  with s. 381.0063, to be used to carry out the provisions of

30  this part.  The department may use a portion of the fund to

31

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  1  contract for services to help collect noncompliance fees

  2  assessed pursuant to this section.

  3         Section 10.  The department shall submit a report to

  4  the legislature by July 1, 2003, which shall contain the

  5  number of notices of violations issued by the department

  6  seeking the imposition of administrative penalties and the

  7  amount of administrative penalties collected by the department

  8  since the implementation of this act, and any increased

  9  efficiency realized as a result of the implementation of this

10  act.

11         Section 11.  For the purpose of incorporating the

12  amendments to sections 403.121 and 403.131, Florida Statutes,

13  in references thereto, the sections or subdivisions of Florida

14  Statutes set forth below are reenacted to read:

15         373.129  Maintenance of actions.--The department, the

16  governing board of any water management district, any local

17  board, or a local government to which authority has been

18  delegated pursuant to s. 373.103(8), is authorized to commence

19  and maintain proper and necessary actions and proceedings in

20  any court of competent jurisdiction for any of the following

21  purposes:

22         (7)  Enforce the provisions of part IV of this chapter

23  in the same manner and to the same extent as provided in ss.

24  373.430, 403.121(1) and (2), 403.131, 403.141, and 403.161.

25         376.303  Powers and duties of the Department of

26  Environmental Protection.--

27         (1)  The department has the power and the duty to:

28         (j)  Bring an action on behalf of the state to enforce

29  the liabilities imposed by ss. 376.30-376.319. The provisions

30  of ss. 403.121, 403.131, 403.141, and 403.161 apply to

31  enforcement under ss. 376.30-376.319.

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  1         376.322  Powers and duties of the department.--The

  2  department shall have the power and duty to:

  3         (4)  Enforce the provisions of ss. 376.320-376.326

  4  pursuant to the provisions of ss. 403.121 and 403.161.

  5         403.4135  Litter receptacles.--

  6         (2)  RECEPTACLES REQUIRED.--All ports, terminal

  7  facilities, boatyards, marinas, and other commercial

  8  facilities which house vessels and from which vessels

  9  disembark shall provide or ensure the availability of litter

10  receptacles of sufficient size and capacity to accommodate the

11  litter and other waste materials generated on board the

12  vessels using its facilities, except for large quantities of

13  spoiled or damaged cargoes not usually discharged by a ship.

14  The department may enforce violations of this section pursuant

15  to ss. 403.121 and 403.131.

16         403.7045  Application of act and integration with other

17  acts.--

18         (3)  The following wastes or activities shall be

19  regulated pursuant to this act in the following manner:

20         (d)  Biomedical waste and biological waste shall be

21  disposed of only as authorized by the department.  However,

22  any person who unknowingly disposes into a sanitary landfill

23  or waste-to-energy facility any such waste which has not been

24  properly segregated or separated from other solid wastes by

25  the generating facility is not guilty of a violation under

26  this act. Nothing in this paragraph shall be construed to

27  prohibit the department from seeking injunctive relief

28  pursuant to s. 403.131 to prohibit the unauthorized disposal

29  of biomedical waste or biological waste.

30         403.708  Prohibition; penalty.--

31

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  1         (12)  The department or any county or municipality may

  2  also seek to enjoin the violation of, or enforce compliance

  3  with, this part or any program adopted hereunder as provided

  4  in s. 403.131.

  5         403.726  Abatement of imminent hazard caused by

  6  hazardous substance.--

  7         (2)  The department shall take any action necessary

  8  pursuant to s. 403.121 or s. 403.131 to abate or substantially

  9  reduce any imminent hazard caused by a hazardous substance,

10  including a spill into the environment of a hazardous

11  substance. The department is authorized to use moneys from the

12  Water Quality Assurance Trust Fund to finance such actions,

13  and such expenditures from the fund shall be recoverable

14  pursuant to s. 376.307.

15         (3)  An imminent hazard exists if any hazardous

16  substance creates an immediate and substantial danger to human

17  health, safety, or welfare or to the environment.  The

18  department may institute action in its own name, using the

19  procedures and remedies of s. 403.121 or s. 403.131, to abate

20  an imminent hazard. However, the department is authorized to

21  recover a civil penalty of not more than $25,000 for each day

22  of continued violation. Whenever serious harm to human health,

23  safety, and welfare; the environment; or private or public

24  property may occur prior to completion of an administrative

25  hearing or other formal proceeding which might be initiated to

26  abate the risk of serious harm, the department may obtain, ex

27  parte, an injunction without paying filing and service fees

28  prior to the filing and service of process.

29         403.727  Violations; defenses, penalties, and

30  remedies.--

31

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  1         (2)  In addition to the "imminent hazard" provision,

  2  ss. 403.121 and 403.131 are available to the department to

  3  abate violations of this act.

  4         403.758  Enforcement and penalty.--

  5         (1)  Except as provided in subsection (2), the

  6  department may enforce ss. 403.75-403.769 and s. 526.01, as

  7  amended by chapter 84-338, Laws of Florida, pursuant to ss.

  8  403.121, 403.131, and 403.161.

  9         403.811  Dredge and fill permits issued pursuant to ss.

10  403.91-403.929 and s. 373.414.--Permits or other orders

11  addressing dredging and filling in, on, or over waters of the

12  state issued pursuant to this chapter or s. 373.414(9) before

13  the effective date of rules adopted under s. 373.414(9) and

14  permits or other orders issued in accordance with s.

15  373.414(13), (14), (15), or (16) shall remain valid through

16  the duration specified in the permit or order, unless revoked

17  by the agency issuing the permit.  The agency issuing the

18  permit or other order may seek to enjoin the violation of, or

19  to enforce compliance with, the permit or other order as

20  provided in ss. 403.121, 403.131, 403.141, and 403.161.  A

21  violation of a permit or other order addressing dredging or

22  filling issued pursuant to this chapter is punishable by a

23  civil penalty as provided in s. 403.141 or a criminal penalty

24  as provided in s. 403.161.

25         403.9419  Enforcement of compliance.--Failure to obtain

26  a certification, to comply with the conditions of

27  certification, or to comply with ss. 403.9401-403.9425 shall

28  constitute a violation of this chapter. The department shall

29  enforce compliance with the conditions of certification issued

30  under ss. 403.9401-403.9425, in accordance with the provisions

31  of ss. 403.061 and 403.121.

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  1         Section 12.  For the purpose of incorporating the

  2  amendment to section 403.727, Florida Statutes, in references

  3  thereto, the sections or subdivisions of Florida Statutes set

  4  forth below are reenacted to read:

  5         627.756  Bonds for construction contracts; attorney

  6  fees in case of suit.--

  7         (2)  A surety who issues a bid, performance, or payment

  8  bond in connection with construction activities where

  9  hazardous substances exist or are discovered is liable under

10  ss. 376.308 and 403.727 only to the extent provided in this

11  subsection.  In case of a default, the surety is liable only

12  for the cost of completion of the contract work in accordance

13  with the plans and specifications, less the balance of funds

14  remaining to be paid under the contract, up to the penal sum

15  of the bond.  The surety is not liable on a bond to indemnify

16  or compensate the obligee for loss or liability arising from

17  personal injury or property damage, whether or not caused by a

18  breach of the bonded contract.  Further, a right of action

19  does not accrue on a bond to or for the use of any person

20  other than the obligee named in the bond.

21         Section 13.  For the purpose of incorporating the

22  amendment to section 403.860, Florida Statutes, in references

23  thereto, the sections or subdivisions of Florida Statutes set

24  forth below are reenacted to read:

25         381.0063  Drinking water funds.--All fees and penalties

26  received from suppliers of water pursuant to ss. 403.860(5)

27  and 403.861(8) shall be deposited in the appropriate County

28  Health Department Trust Fund to be used by the department to

29  pay the costs of expenditures required pursuant to ss.

30  381.0062 and 403.862(1)(c).

31         403.854  Variances, exemptions, and waivers.--

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  1         (7)  The department may revoke any waiver to protect

  2  the public health, provided the department finds, on the basis

  3  of technical evidence, that revocation is necessary to achieve

  4  compliance with state quality standards for safe drinking

  5  water or that the supplier of water fails to comply with any

  6  conditions of the waiver.  The department may proceed under s.

  7  403.855 or s. 403.860.

  8         403.862  Department of Health; public water supply

  9  duties and responsibilities; coordinated budget requests with

10  department.--

11         (7)  Fees and penalties received from suppliers of

12  water pursuant to ss. 403.860(3), (4), and (5) and 403.861(8)

13  in counties where county health departments have been approved

14  by the department pursuant to paragraph (1)(c) shall be

15  deposited in the appropriate County Health Department Trust

16  Fund to be used for the purposes stated in paragraph (1)(c).

17         Section 14.  This act shall take effect July 1, 2001.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Simplifies and removes inconsistencies among various
  4    administrative penalty provisions relating to
      environmental control.
  5

  6    Clarifies enforcement powers of the Department of
      Environmental Protection with respect to pt. I of ch.
  7    369, F.S., relating to aquatic plant control. Authorizes
      the governing board of a water management district to
  8    assess administrative penalties for purposes of pt. IV of
      ch. 373, F.S., relating to management and storage of
  9    surface waters. Provides that the Department of
      Environmental Protection shall assess administrative
10    penalties for energy resource violations in accordance
      with s. 403.121, F.S. Provides for deposit of such
11    penalties in the Minerals Trust Fund and specifies uses
      of funds. Authorizes the department to institute an
12    administrative action with respect to a violation of pt.
      III of ch. 378, F.S., relating to phosphate land
13    reclamation. Removes penalty limitations.

14
      Revises provisions relating to judicial remedies
15    available to the department under the Florida Air and
      Water Pollution Control Act. Provides criteria for cases
16    in which the department shall proceed with administrative
      action and provides exceptions. Provides specified limits
17    on administrative penalties and notice of violation
      seeking administrative penalties. Revises provisions
18    relating to notice and service of notice of violation.
      Provides procedure and requirements with respect to
19    administrative hearings. Provides that a respondent may
      request mediation if the department imposes an
20    administrative penalty. Provides mediation procedure and
      requirements. Provides for award of costs and attorney's
21    fees in administrative proceedings. Authorizes the
      department to pursue penalties in excess of $10,000 for
22    specified violations.

23
      Provides an administrative penalty schedule for drinking
24    water contamination violations, domestic or industrial
      wastewater violations, dredge and fill stormwater
25    violations, first-time mangrove trimming or altering
      violations, solid waste violations, air emission
26    violations, and storage tank system and petroleum
      discharge or release violations. Provides exceptions to
27    the schedule and provides a schedule of additional
      administrative penalties. Provides for consideration of a
28    violator's history of noncompliance with respect to
      specified violations. Provides penalty limits and
29    reductions. Provides for deposit and use of funds derived
      from administrative penalties.
30

31    Provides that specified judicial and administrative
      remedies to recover damages and penalties are alternative
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  1    and mutually exclusive. Removes provisions which provide
      for assessment by the department of noncompliance fees
  2    for Class II violations of pt. IV of ch. 403, F.S.,
      relating to resource recovery and management, and the
  3    deposit of such fees. Provides for assessment of
      administrative penalties by the department or a county
  4    health department for violations of pt. V of ch. 403,
      F.S., relating to environmental regulation, in accordance
  5    with s. 403.121, F.S. Eliminates provisions relating to
      noncompliance fees and administrative penalties to
  6    conform. Requires the department to submit a report to
      the Legislature describing the number of notices of
  7    violation issued by the department seeking the imposition
      of administrative penalties and the amount of
  8    administrative penalties obtained by the department since
      the implementation of the act, and any increased
  9    efficiency realized as a result of the implementation of
      the act.
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