SENATE AMENDMENT
Bill No. CS for CS for SB 1142, 1st Eng.
Amendment No. ___ Barcode 025926
CHAMBER ACTION
Senate House
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04/15/2004 04:00 PM .
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11 Senator Dockery moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 23, between lines 11 and 12,
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16 insert:
17 Section 9. Paragraph (b) of subsection (2), paragraph
18 (f) of subsection (4) and subsection (5) of section 403.121,
19 Florida Statutes, are amended to read:
20 403.121 Enforcement; procedure; remedies.--The
21 department shall have the following judicial and
22 administrative remedies available to it for violations of this
23 chapter, as specified in s. 403.161(1).
24 (2) Administrative remedies:
25 (b) If the department has reason to believe a
26 violation has occurred, it may institute an administrative
27 proceeding to order the prevention, abatement, or control of
28 the conditions creating the violation or other appropriate
29 corrective action. Except for violations involving hazardous
30 wastes, asbestos, or underground injection, the department
31 shall proceed administratively in all cases in which the
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12:42 PM 04/15/04 s1142.nr15.15
SENATE AMENDMENT
Bill No. CS for CS for SB 1142, 1st Eng.
Amendment No. ___ Barcode 025926
1 department seeks administrative penalties that do not exceed
2 $10,000 per assessment as calculated in accordance with
3 subsections (3), (4), (5), (6), and (7). Pursuant to 42 U.S.C.
4 s.300g-2, the administrative penalty assessed pursuant to
5 subsections (3), (4), or (5) against a public water system
6 serving a population of more than 10,000 shall be not less
7 than $1,000 per day per violation. The department shall not
8 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 (4) In an administrative proceeding, in addition to
16 the penalties that may be assessed under subsection (3), the
17 department shall assess administrative penalties according to
18 the following schedule:
19 (f) Except as provided in subsection (2) with respect
20 to public water systems serving a population of more than
21 10,000, for failure to prepare, submit, maintain, or use
22 required reports or other required documentation, $500.
23 (5) Except as provided in subsection (2) with respect
24 to public water systems serving a population of more than
25 10,000, for failure to comply with any other departmental
26 regulatory statute or rule requirement not otherwise
27 identified in this section, the department may assess a
28 penalty of $500.
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30 (Redesignate subsequent sections.)
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12:42 PM 04/15/04 s1142.nr15.15
SENATE AMENDMENT
Bill No. CS for CS for SB 1142, 1st Eng.
Amendment No. ___ Barcode 025926
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 3, line 7, after ";"
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5 insert:
6 amending s. 403.121, F.S.; conforming
7 administrative penalties assessed against
8 certain public water systems to federal
9 regulations;
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