Florida Senate - 2020                                    SB 1450
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-01448A-20                                          20201450__
    1                        A bill to be entitled                      
    2         An act relating to environmental enforcement; amending
    3         ss. 161.054, 258.397, 258.46, 373.129, 373.209,
    4         373.430, 376.065, 376.071, 376.16, 376.25, 377.37,
    5         378.211, 403.086, 403.121, 403.141, 403.161, 403.413,
    6         403.7234, 403.726, 403.727, and 403.93345, F.S.;
    7         increasing the civil penalties for violations of
    8         certain provisions relating to beach and shore
    9         construction, the Biscayne Bay Aquatic Preserve,
   10         aquatic preserves, the state water resource plan,
   11         artesian wells, pollution, operating a terminal
   12         facility without discharge prevention and response
   13         certificates, discharge contingency plans for vessels,
   14         the Pollutant Discharge Prevention and Control Act,
   15         the Clean Ocean Act, the pollution of surface and
   16         ground waters, the regulation of oil and gas
   17         resources, the Phosphate Land Reclamation Act, sewage
   18         disposal facilities, pollution control, reasonable
   19         costs and expenses for pollution releases, necessary
   20         permits, dumping litter, small quantity generators,
   21         the abatement of imminent hazards caused by hazardous
   22         substances, hazardous waste generators, transporters,
   23         or facilities, and coral reef protection,
   24         respectively; providing that each day that certain
   25         violations are not remediated constitutes a separate
   26         offense; making technical changes; reenacting s.
   27         823.11(5), F.S., to incorporate the amendment made to
   28         s. 376.16, F.S., in a reference thereto; reenacting
   29         ss. 403.077(5), 403.131(2), 403.4154(3)(d), and
   30         403.860(5), F.S., to incorporate the amendment made to
   31         s. 403.121, F.S., in a reference thereto; reenacting
   32         ss. 403.708(10), 403.7191(7), and 403.811, F.S., to
   33         incorporate the amendment made to s. 403.141, F.S., in
   34         a reference thereto; reenacting s. 403.7255(2), F.S.,
   35         to incorporate the amendment made to s. 403.161, F.S.,
   36         in a reference thereto; reenacting s. 403.7186(8),
   37         F.S., to incorporate the amendment made to ss. 403.141
   38         and 403.161, F.S., in references thereto; providing an
   39         effective date.
   40          
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. Subsection (1) of section 161.054, Florida
   44  Statutes, is amended to read:
   45         161.054 Administrative fines; liability for damage; liens.—
   46         (1) In addition to the penalties provided for in ss.
   47  161.052, 161.053, and 161.121, any person, firm, corporation, or
   48  governmental agency, or agent thereof, refusing to comply with
   49  or willfully violating any of the provisions of s. 161.041, s.
   50  161.052, or s. 161.053, or any rule or order prescribed by the
   51  department thereunder, shall incur a fine for each offense in an
   52  amount up to $15,000 $10,000 to be fixed, imposed, and collected
   53  by the department. Until a violation is resolved by order or
   54  judgment, each day during any portion of which such violation
   55  occurs or is not remediated constitutes a separate offense.
   56         Section 2. Subsection (7) of section 258.397, Florida
   57  Statutes, is amended to read:
   58         258.397 Biscayne Bay Aquatic Preserve.—
   59         (7) ENFORCEMENT.—The provisions of This section may be
   60  enforced in accordance with the provisions of s. 403.412. In
   61  addition, the Department of Legal Affairs may is authorized to
   62  bring an action for civil penalties of $7,500 $5,000 per day
   63  against any person, natural or corporate, who violates the
   64  provisions of this section or any rule or regulation issued
   65  hereunder. Until a violation is resolved by order or judgment,
   66  each day during any portion of which such violation occurs or is
   67  not remediated constitutes a separate offense. Enforcement of
   68  applicable state regulations shall be supplemented by the Miami
   69  Dade County Department of Environmental Resources Management
   70  through the creation of a full-time enforcement presence along
   71  the Miami River.
   72         Section 3. Section 258.46, Florida Statutes, is amended to
   73  read:
   74         258.46 Enforcement; violations; penalty.—The provisions of
   75  This act may be enforced by the Board of Trustees of the
   76  Internal Improvement Trust Fund or in accordance with the
   77  provisions of s. 403.412. However, any violation by any person,
   78  natural or corporate, of the provisions of this act or any rule
   79  or regulation issued hereunder is shall be further punishable by
   80  a civil penalty of not less than $750 $500 per day or more than
   81  $7,500 $5,000 per day of such violation. Until a violation is
   82  resolved by order or judgment, each day during any portion of
   83  which such violation occurs or is not remediated constitutes a
   84  separate offense.
   85         Section 4. Subsections (5) and (7) of section 373.129,
   86  Florida Statutes, are amended to read:
   87         373.129 Maintenance of actions.—The department, the
   88  governing board of any water management district, any local
   89  board, or a local government to which authority has been
   90  delegated pursuant to s. 373.103(8), is authorized to commence
   91  and maintain proper and necessary actions and proceedings in any
   92  court of competent jurisdiction for any of the following
   93  purposes:
   94         (5) To recover a civil penalty for each offense in an
   95  amount not to exceed $15,000 $10,000 per offense. Until a
   96  violation is resolved by order or judgment, each date during any
   97  portion of which such violation occurs or is not remediated
   98  constitutes a separate offense.
   99         (a) A civil penalty recovered by a water management
  100  district pursuant to this subsection shall be retained and used
  101  exclusively by the water management district that collected the
  102  money. A civil penalty recovered by the department pursuant to
  103  this subsection must be deposited into the Water Quality
  104  Assurance Trust Fund established under s. 376.307.
  105         (b) A local government that is delegated authority pursuant
  106  to s. 373.103(8) may deposit a civil penalty recovered pursuant
  107  to this subsection into a local water pollution control program
  108  trust fund, notwithstanding the provisions of paragraph (a).
  109  However, civil penalties that are deposited in a local water
  110  pollution control program trust fund and that are recovered for
  111  violations of state water quality standards may be used only to
  112  restore water quality in the area that was the subject of the
  113  action, and civil penalties that are deposited in a local water
  114  pollution control program trust fund and that are recovered for
  115  violation of requirements relating to water quantity may be used
  116  only to purchase lands and make capital improvements associated
  117  with surface water management, or other purposes consistent with
  118  the requirements of this chapter for the management and storage
  119  of surface water.
  120         (7) To enforce the provisions of part IV of this chapter in
  121  the same manner and to the same extent as provided in ss.
  122  373.430, 403.121(1) and (2), 403.131, 403.141, and 403.161.
  123         Section 5. Subsection (3) of section 373.209, Florida
  124  Statutes, is amended to read:
  125         373.209 Artesian wells; penalties for violation.—
  126         (3) Any person who violates any provision of this section
  127  is shall be subject to either:
  128         (a) The remedial measures provided for in s. 373.436; or
  129         (b) A civil penalty of $150 $100 a day for each and every
  130  day of such violation and for each and every act of violation.
  131  The civil penalty may be recovered by the water management board
  132  of the water management district in which the well is located or
  133  by the department in a suit in a court of competent jurisdiction
  134  in the county where the defendant resides, in the county of
  135  residence of any defendant if there is more than one defendant,
  136  or in the county where the violation took place. The place of
  137  suit shall be selected by the board or department, and the suit,
  138  by direction of the board or department, shall be instituted and
  139  conducted in the name of the board or department by appropriate
  140  counsel. The payment of any such damages does not impair or
  141  abridge any cause of action which any person may have against
  142  the person violating any provision of this section.
  143         Section 6. Subsections (2) through (5) of section 373.430,
  144  Florida Statutes, are amended to read:
  145         373.430 Prohibitions, violation, penalty, intent.—
  146         (2) A person who Whoever commits a violation specified in
  147  subsection (1) is liable for any damage caused and for civil
  148  penalties as provided in s. 373.129.
  149         (3) A Any person who willfully commits a violation
  150  specified in paragraph (1)(a) commits is guilty of a felony of
  151  the third degree, punishable as provided in ss. 775.082(3)(e)
  152  and 775.083(1)(g), by a fine of not more than $50,000 or by
  153  imprisonment for 5 years, or by both, for each offense. Until a
  154  violation is resolved by order or judgment, each day during any
  155  portion of which such violation occurs or is not remediated
  156  constitutes a separate offense.
  157         (4) A Any person who commits a violation specified in
  158  paragraph (1)(a) or paragraph (1)(b) due to reckless
  159  indifference or gross careless disregard commits is guilty of a
  160  misdemeanor of the second degree, punishable as provided in ss.
  161  775.082(4)(b) and 775.083(1)(g), by a fine of not more than
  162  $10,000 $5,000 or 60 days in jail, or by both, for each offense.
  163         (5) A Any person who willfully commits a violation
  164  specified in paragraph (1)(b) or paragraph (1)(c) commits is
  165  guilty of a misdemeanor of the first degree, punishable as
  166  provided in ss. 775.082(4)(a) and 775.083(1)(g), by a fine of
  167  not more than $10,000 or by 6 months in jail, or by both, for
  168  each offense.
  169         Section 7. Paragraphs (a) and (e) of subsection (5) of
  170  section 376.065, Florida Statutes, are amended to read:
  171         376.065 Operation of terminal facility without discharge
  172  prevention and response certificate prohibited; penalty.—
  173         (5)(a) A person who violates this section or the terms and
  174  requirements of such certification commits a noncriminal
  175  infraction. The civil penalty for any such infraction shall be
  176  $750 $500, except as otherwise provided in this section.
  177         (e) A person who elects to appear before the county court
  178  or who is required to so appear waives the limitations of the
  179  civil penalty specified in paragraph (a). The court, after a
  180  hearing, shall make a determination as to whether an infraction
  181  has been committed. If the commission of the infraction is
  182  proved, the court shall impose a civil penalty of $750 $500.
  183         Section 8. Paragraphs (a) and (e) of subsection (2) of
  184  section 376.071, Florida Statutes, are amended to read:
  185         376.071 Discharge contingency plan for vessels.—
  186         (2)(a) A master of a vessel that violates subsection (1)
  187  commits a noncriminal infraction and shall be cited for such
  188  infraction. The civil penalty for such an infraction shall be
  189  $7,500 $5,000, except as otherwise provided in this subsection.
  190         (e) A person who elects to appear before the county court
  191  or who is required to appear waives the limitations of the civil
  192  penalty specified in paragraph (a). The court, after a hearing,
  193  shall make a determination as to whether an infraction has been
  194  committed. If the commission of the infraction is proved, the
  195  court shall impose a civil penalty of $7,500 $5,000.
  196         Section 9. Section 376.16, Florida Statutes, is amended to
  197  read:
  198         376.16 Enforcement and penalties.—
  199         (1) It is unlawful for any person to violate any provision
  200  of ss. 376.011-376.21 or any rule or order of the department
  201  made pursuant to this act. A violation is shall be punishable by
  202  a civil penalty of up to $75,000 $50,000 per violation per day
  203  to be assessed by the department. Until a violation is resolved
  204  by order or judgment, each day during any portion of which the
  205  violation occurs or is not remediated constitutes a separate
  206  offense. The penalty provisions of this subsection do shall not
  207  apply to any discharge promptly reported and removed by a person
  208  responsible, in accordance with the rules and orders of the
  209  department, or to any discharge of pollutants equal to or less
  210  than 5 gallons.
  211         (2) In addition to the penalty provisions which may apply
  212  under subsection (1), a person responsible for two or more
  213  discharges of any pollutant reported pursuant to s. 376.12
  214  within a 12-month period at the same facility commits a
  215  noncriminal infraction and shall be cited by the department for
  216  such infraction.
  217         (a) For discharges of gasoline or diesel over 5 gallons,
  218  the civil penalty for the second discharge shall be $750 $500
  219  and the civil penalty for each subsequent discharge within a 12
  220  month period shall be $1,500 $1,000, except as otherwise
  221  provided in this section.
  222         (b) For discharges of any pollutant other than gasoline or
  223  diesel, the civil penalty for a second discharge shall be $3,750
  224  $2,500 and the civil penalty for each subsequent discharge
  225  within a 12-month period shall be $7,500 $5,000, except as
  226  otherwise provided in this section.
  227         (3) A person responsible for two or more discharges of any
  228  pollutant reported pursuant to s. 376.12 within a 12-month
  229  period at the same facility commits a noncriminal infraction and
  230  shall be cited by the department for such infraction.
  231         (a) For discharges of gasoline or diesel equal to or less
  232  than 5 gallons, the civil penalty shall be $75 $50 for each
  233  discharge subsequent to the first.
  234         (b) For discharges of pollutants other than gasoline or
  235  diesel equal to or less than 5 gallons, the civil penalty shall
  236  be $150 $100 for each discharge subsequent to the first.
  237         (4) A person charged with a noncriminal infraction pursuant
  238  to subsection (2) or subsection (3) may:
  239         (a) Pay the civil penalty;
  240         (b) Post a bond equal to the amount of the applicable civil
  241  penalty; or
  242         (c) Sign and accept a citation indicating a promise to
  243  appear before the county court.
  244  
  245  The department employee authorized to issue these citations may
  246  indicate on the citation the time and location of the scheduled
  247  hearing and shall indicate the applicable civil penalty.
  248         (5) Any person who willfully refuses to post bond or accept
  249  and sign a citation commits a misdemeanor of the second degree,
  250  punishable as provided in s. 775.082 or s. 775.083.
  251         (6) After compliance with paragraph (4)(b) or paragraph
  252  (4)(c), any person charged with a noncriminal infraction under
  253  subsection (2) or subsection (3) may:
  254         (a) Pay the civil penalty, either by mail or in person,
  255  within 30 days after the date of receiving the citation; or
  256         (b) If the person has posted bond, forfeit the bond by not
  257  appearing at the designated time and location.
  258  
  259  A person cited for an infraction under this section who pays the
  260  civil penalty or forfeits the bond has admitted the infraction
  261  and waives the right to a hearing on the issue of commission of
  262  the infraction. Such admission may not be used as evidence in
  263  any other proceeding.
  264         (7) Any person who elects to appear before the county court
  265  or who is required to appear waives the limitations of the civil
  266  penalties specified in subsection (2). The court, after a
  267  hearing, shall make a determination as to whether an infraction
  268  has been committed. If the commission of an infraction is
  269  proved, the court may impose a civil penalty up to, but not
  270  exceeding, $750 $500 for the second discharge of gasoline or
  271  diesel and a civil penalty up to, but not exceeding, $1,500
  272  $1,000 for each subsequent discharge of gasoline or diesel
  273  within a 12-month period.
  274         (8) Any person who elects to appear before the county court
  275  or who is required to appear waives the limitations of the civil
  276  penalties specified in subsection (2) or subsection (3). The
  277  court, after a hearing, shall make a determination as to whether
  278  an infraction has been committed. If the commission of an
  279  infraction is proved, the court may impose a civil penalty up
  280  to, but not exceeding, $7,500 $5,000 for the second discharge of
  281  pollutants other than gasoline or diesel and a civil penalty up
  282  to, but not exceeding, $15,000 $10,000 for each subsequent
  283  discharge of pollutants other than gasoline or diesel within a
  284  12-month period.
  285         (9) At a hearing under this section, the commission of a
  286  charged offense must be proved by the greater weight of the
  287  evidence.
  288         (10) A person who is found by a hearing official to have
  289  committed an infraction may appeal that finding to the circuit
  290  court.
  291         (11) Any person who has not posted bond and who neither
  292  pays the applicable civil penalty, as specified in subsection
  293  (2) or subsection (3) within 30 days of receipt of the citation
  294  nor appears before the court commits a misdemeanor of the second
  295  degree, punishable as provided in s. 775.082 or s. 775.083.
  296         (12) Any person who makes or causes to be made a false
  297  statement that which the person does not believe to be true in
  298  response to requirements of the provisions of ss. 376.011-376.21
  299  commits a felony of the second degree, punishable as provided in
  300  s. 775.082, s. 775.083, or s. 775.084.
  301         Section 10. Paragraph (a) of subsection (6) of section
  302  376.25, Florida Statutes, is amended to read:
  303         376.25 Gambling vessels; registration; required and
  304  prohibited releases.—
  305         (6) PENALTIES.—
  306         (a) A person who violates this section is subject to a
  307  civil penalty of not more than $75,000 $50,000 for each
  308  violation. Until a violation is resolved by order or judgment,
  309  each day during any portion of which such violation occurs or is
  310  not remediated constitutes a separate offense.
  311         Section 11. Paragraph (a) of subsection (1) of section
  312  377.37, Florida Statutes, is amended to read:
  313         377.37 Penalties.—
  314         (1)(a) Any person who violates any provision of this law or
  315  any rule, regulation, or order of the division made under this
  316  chapter or who violates the terms of any permit to drill for or
  317  produce oil, gas, or other petroleum products referred to in s.
  318  377.242(1) or to store gas in a natural gas storage facility, or
  319  any lessee, permitholder, or operator of equipment or facilities
  320  used in the exploration for, drilling for, or production of oil,
  321  gas, or other petroleum products, or storage of gas in a natural
  322  gas storage facility, who refuses inspection by the division as
  323  provided in this chapter, is liable to the state for any damage
  324  caused to the air, waters, or property, including animal, plant,
  325  or aquatic life, of the state and for reasonable costs and
  326  expenses of the state in tracing the source of the discharge, in
  327  controlling and abating the source and the pollutants, and in
  328  restoring the air, waters, and property, including animal,
  329  plant, and aquatic life, of the state. Furthermore, such person,
  330  lessee, permitholder, or operator is subject to the judicial
  331  imposition of a civil penalty in an amount of not more than
  332  $15,000 $10,000 for each offense. However, the court may receive
  333  evidence in mitigation. Until a violation is resolved by order
  334  or judgment, each day during any portion of which such violation
  335  occurs or is not remediated constitutes a separate offense. This
  336  section does not Nothing herein shall give the department the
  337  right to bring an action on behalf of any private person.
  338         Section 12. Subsection (2) of section 378.211, Florida
  339  Statutes, is amended to read:
  340         378.211 Violations; damages; penalties.—
  341         (2) The department may institute a civil action in a court
  342  of competent jurisdiction to impose and recover a civil penalty
  343  for violation of this part or of any rule adopted or order
  344  issued pursuant to this part. The penalty may shall not exceed
  345  the following amounts, and the court shall consider evidence in
  346  mitigation:
  347         (a) For violations of a minor or technical nature, $150
  348  $100 per violation.
  349         (b) For major violations by an operator on which a penalty
  350  has not been imposed under this paragraph during the previous 5
  351  years, $1,500 $1,000 per violation.
  352         (c) For major violations not covered by paragraph (b),
  353  $7,500 $5,000 per violation.
  354  
  355  Subject to the provisions of subsection (4), until a violation
  356  is resolved by order or judgment, each day or any portion
  357  thereof in which the violation continues or is not remediated
  358  shall constitute a separate violation.
  359         Section 13. Subsection (2) of section 403.086, Florida
  360  Statutes, is amended to read:
  361         403.086 Sewage disposal facilities; advanced and secondary
  362  waste treatment.—
  363         (2) Any facilities for sanitary sewage disposal shall
  364  provide for secondary waste treatment and, in addition thereto,
  365  advanced waste treatment as deemed necessary and ordered by the
  366  Department of Environmental Protection. Failure to conform shall
  367  be punishable by a civil penalty of $750 $500 for each 24-hour
  368  day or fraction thereof that such failure is allowed to continue
  369  thereafter.
  370         Section 14. Section 403.121, Florida Statutes, is amended
  371  to read:
  372         403.121 Enforcement; procedure; remedies.—The department
  373  shall have the following judicial and administrative remedies
  374  available to it for violations of this chapter, as specified in
  375  s. 403.161(1).
  376         (1) Judicial remedies:
  377         (a) The department may institute a civil action in a court
  378  of competent jurisdiction to establish liability and to recover
  379  damages for any injury to the air, waters, or property,
  380  including animal, plant, and aquatic life, of the state caused
  381  by any violation.
  382         (b) The department may institute a civil action in a court
  383  of competent jurisdiction to impose and to recover a civil
  384  penalty for each violation in an amount of not more than $15,000
  385  $10,000 per offense. However, the court may receive evidence in
  386  mitigation. Until a violation is resolved by order or judgment,
  387  each day during any portion of which such violation occurs or is
  388  not remediated constitutes a separate offense.
  389         (c) Except as provided in paragraph (2)(c), it is shall not
  390  be a defense to, or ground for dismissal of, these judicial
  391  remedies for damages and civil penalties that the department has
  392  failed to exhaust its administrative remedies, has failed to
  393  serve a notice of violation, or has failed to hold an
  394  administrative hearing prior to the institution of a civil
  395  action.
  396         (2) Administrative remedies:
  397         (a) The department may institute an administrative
  398  proceeding to establish liability and to recover damages for any
  399  injury to the air, waters, or property, including animal, plant,
  400  or aquatic life, of the state caused by any violation. The
  401  department may order that the violator pay a specified sum as
  402  damages to the state. Judgment for the amount of damages
  403  determined by the department may be entered in any court having
  404  jurisdiction thereof and may be enforced as any other judgment.
  405         (b) If the department has reason to believe a violation has
  406  occurred, it may institute an administrative proceeding to order
  407  the prevention, abatement, or control of the conditions creating
  408  the violation or other appropriate corrective action. Except for
  409  violations involving hazardous wastes, asbestos, or underground
  410  injection, the department shall proceed administratively in all
  411  cases in which the department seeks administrative penalties
  412  that do not exceed $50,000 $10,000 per assessment as calculated
  413  in accordance with subsections (3), (4), (5), (6), and (7).
  414  Pursuant to 42 U.S.C. s. 300g-2, the administrative penalty
  415  assessed pursuant to subsection (3), subsection (4), or
  416  subsection (5) against a public water system serving a
  417  population of more than 10,000 shall be not less than $1,000 per
  418  day per violation. The department may shall not impose
  419  administrative penalties in excess of $50,000 $10,000 in a
  420  notice of violation. The department may shall not have more than
  421  one notice of violation seeking administrative penalties pending
  422  against the same party at the same time unless the violations
  423  occurred at a different site or the violations were discovered
  424  by the department subsequent to the filing of a previous notice
  425  of violation.
  426         (c) An administrative proceeding shall be instituted by the
  427  department’s serving of a written notice of violation upon the
  428  alleged violator by certified mail. If the department is unable
  429  to effect service by certified mail, the notice of violation may
  430  be hand delivered or personally served in accordance with
  431  chapter 48. The notice shall specify the provision of the law,
  432  rule, regulation, permit, certification, or order of the
  433  department alleged to be violated and the facts alleged to
  434  constitute a violation thereof. An order for corrective action,
  435  penalty assessment, or damages may be included with the notice.
  436  When the department is seeking to impose an administrative
  437  penalty for any violation by issuing a notice of violation, any
  438  corrective action needed to correct the violation or damages
  439  caused by the violation must be pursued in the notice of
  440  violation or they are waived. However, an no order is not shall
  441  become effective until after service and an administrative
  442  hearing, if requested within 20 days after service. Failure to
  443  request an administrative hearing within this time period
  444  constitutes shall constitute a waiver thereof, unless the
  445  respondent files a written notice with the department within
  446  this time period opting out of the administrative process
  447  initiated by the department to impose administrative penalties.
  448  Any respondent choosing to opt out of the administrative process
  449  initiated by the department in an action that seeks the
  450  imposition of administrative penalties must file a written
  451  notice with the department within 20 days after service of the
  452  notice of violation opting out of the administrative process. A
  453  respondent’s decision to opt out of the administrative process
  454  does not preclude the department from initiating a state court
  455  action seeking injunctive relief, damages, and the judicial
  456  imposition of civil penalties.
  457         (d) If a person timely files a petition challenging a
  458  notice of violation, that person will thereafter be referred to
  459  as the respondent. The hearing requested by the respondent shall
  460  be held within 180 days after the department has referred the
  461  initial petition to the Division of Administrative Hearings
  462  unless the parties agree to a later date. The department has the
  463  burden of proving with the preponderance of the evidence that
  464  the respondent is responsible for the violation. No
  465  Administrative penalties should not be imposed unless the
  466  department satisfies that burden. Following the close of the
  467  hearing, the administrative law judge shall issue a final order
  468  on all matters, including the imposition of an administrative
  469  penalty. When the department seeks to enforce that portion of a
  470  final order imposing administrative penalties pursuant to s.
  471  120.69, the respondent may shall not assert as a defense the
  472  inappropriateness of the administrative remedy. The department
  473  retains its final-order authority in all administrative actions
  474  that do not request the imposition of administrative penalties.
  475         (e) After filing a petition requesting a formal hearing in
  476  response to a notice of violation in which the department
  477  imposes an administrative penalty, a respondent may request that
  478  a private mediator be appointed to mediate the dispute by
  479  contacting the Florida Conflict Resolution Consortium within 10
  480  days after receipt of the initial order from the administrative
  481  law judge. The Florida Conflict Resolution Consortium shall pay
  482  all of the costs of the mediator and for up to 8 hours of the
  483  mediator’s time per case at $150 per hour. Upon notice from the
  484  respondent, the Florida Conflict Resolution Consortium shall
  485  provide to the respondent a panel of possible mediators from the
  486  area in which the hearing on the petition would be heard. The
  487  respondent shall select the mediator and notify the Florida
  488  Conflict Resolution Consortium of the selection within 15 days
  489  of receipt of the proposed panel of mediators. The Florida
  490  Conflict Resolution Consortium shall provide all of the
  491  administrative support for the mediation process. The mediation
  492  must be completed at least 15 days before the final hearing date
  493  set by the administrative law judge.
  494         (f) In any administrative proceeding brought by the
  495  department, the prevailing party shall recover all costs as
  496  provided in ss. 57.041 and 57.071. The costs must be included in
  497  the final order. The respondent is the prevailing party when an
  498  order is entered awarding no penalties to the department and
  499  such order has not been reversed on appeal or the time for
  500  seeking judicial review has expired. The respondent is shall be
  501  entitled to an award of attorney’s fees if the administrative
  502  law judge determines that the notice of violation issued by the
  503  department seeking the imposition of administrative penalties
  504  was not substantially justified as defined in s. 57.111(3)(e).
  505  An No award of attorney’s fees as provided by this subsection
  506  may not shall exceed $15,000.
  507         (g) Nothing herein shall be construed as preventing any
  508  other legal or administrative action in accordance with law.
  509  Nothing in this subsection shall limit the department’s
  510  authority provided in ss. 403.131, 403.141, and this section to
  511  judicially pursue injunctive relief. When the department
  512  exercises its authority to judicially pursue injunctive relief,
  513  penalties in any amount up to the statutory maximum sought by
  514  the department must be pursued as part of the state court action
  515  and not by initiating a separate administrative proceeding. The
  516  department retains the authority to judicially pursue penalties
  517  in excess of $50,000 $10,000 for violations not specifically
  518  included in the administrative penalty schedule, or for multiple
  519  or multiday violations alleged to exceed a total of $50,000
  520  $10,000. The department also retains the authority provided in
  521  ss. 403.131, 403.141, and this section to judicially pursue
  522  injunctive relief and damages, if a notice of violation seeking
  523  the imposition of administrative penalties has not been issued.
  524  The department has the authority to enter into a settlement,
  525  either before or after initiating a notice of violation, and the
  526  settlement may include a penalty amount different from the
  527  administrative penalty schedule. Any case filed in state court
  528  because it is alleged to exceed a total of $50,000 $10,000 in
  529  penalties may be settled in the court action for less than
  530  $50,000 $10,000.
  531         (h) Chapter 120 applies shall apply to any administrative
  532  action taken by the department or any delegated program pursuing
  533  administrative penalties in accordance with this section.
  534         (3) Except for violations involving hazardous wastes,
  535  asbestos, or underground injection, administrative penalties
  536  must be calculated according to the following schedule:
  537         (a) For a drinking water contamination violation, the
  538  department shall assess a penalty of $3,000 $2,000 for a Maximum
  539  Containment Level (MCL) violation; plus $1,500 $1,000 if the
  540  violation is for a primary inorganic, organic, or radiological
  541  Maximum Contaminant Level or it is a fecal coliform bacteria
  542  violation; plus $1,500 $1,000 if the violation occurs at a
  543  community water system; and plus $1,500 $1,000 if any Maximum
  544  Contaminant Level is exceeded by more than 100 percent. For
  545  failure to obtain a clearance letter prior to placing a drinking
  546  water system into service when the system would not have been
  547  eligible for clearance, the department shall assess a penalty of
  548  $4,500 $3,000.
  549         (b) For failure to obtain a required wastewater permit,
  550  other than a permit required for surface water discharge, the
  551  department shall assess a penalty of $1,500 $1,000. For a
  552  domestic or industrial wastewater violation not involving a
  553  surface water or groundwater quality violation, the department
  554  shall assess a penalty of $3,000 $2,000 for an unpermitted or
  555  unauthorized discharge or effluent-limitation exceedance. For an
  556  unpermitted or unauthorized discharge or effluent-limitation
  557  exceedance that resulted in a surface water or groundwater
  558  quality violation, the department shall assess a penalty of
  559  $7,500 $5,000.
  560         (c) For a dredge and fill or stormwater violation, the
  561  department shall assess a penalty of $1,500 $1,000 for
  562  unpermitted or unauthorized dredging or filling or unauthorized
  563  construction of a stormwater management system against the
  564  person or persons responsible for the illegal dredging or
  565  filling, or unauthorized construction of a stormwater management
  566  system plus $3,000 $2,000 if the dredging or filling occurs in
  567  an aquatic preserve, an Outstanding Florida Water, a
  568  conservation easement, or a Class I or Class II surface water,
  569  plus $1,500 $1,000 if the area dredged or filled is greater than
  570  one-quarter acre but less than or equal to one-half acre, and
  571  plus $1,500 $1,000 if the area dredged or filled is greater than
  572  one-half acre but less than or equal to one acre. The
  573  administrative penalty schedule does shall not apply to a dredge
  574  and fill violation if the area dredged or filled exceeds one
  575  acre. The department retains the authority to seek the judicial
  576  imposition of civil penalties for all dredge and fill violations
  577  involving more than one acre. The department shall assess a
  578  penalty of $4,500 $3,000 for the failure to complete required
  579  mitigation, failure to record a required conservation easement,
  580  or for a water quality violation resulting from dredging or
  581  filling activities, stormwater construction activities or
  582  failure of a stormwater treatment facility. For stormwater
  583  management systems serving less than 5 acres, the department
  584  shall assess a penalty of $3,000 $2,000 for the failure to
  585  properly or timely construct a stormwater management system. In
  586  addition to the penalties authorized in this subsection, the
  587  department shall assess a penalty of $7,500 $5,000 per violation
  588  against the contractor or agent of the owner or tenant that
  589  conducts unpermitted or unauthorized dredging or filling. For
  590  purposes of this paragraph, the preparation or signing of a
  591  permit application by a person currently licensed under chapter
  592  471 to practice as a professional engineer does shall not make
  593  that person an agent of the owner or tenant.
  594         (d) For mangrove trimming or alteration violations, the
  595  department shall assess a penalty of $7,500 $5,000 per violation
  596  against the contractor or agent of the owner or tenant that
  597  conducts mangrove trimming or alteration without a permit as
  598  required by s. 403.9328. For purposes of this paragraph, the
  599  preparation or signing of a permit application by a person
  600  currently licensed under chapter 471 to practice as a
  601  professional engineer does shall not make that person an agent
  602  of the owner or tenant.
  603         (e) For solid waste violations, the department shall assess
  604  a penalty of $3,000 $2,000 for the unpermitted or unauthorized
  605  disposal or storage of solid waste; plus $1,000 if the solid
  606  waste is Class I or Class III (excluding yard trash) or if the
  607  solid waste is construction and demolition debris in excess of
  608  20 cubic yards, plus $1,500 $1,000 if the waste is disposed of
  609  or stored in any natural or artificial body of water or within
  610  500 feet of a potable water well, plus $1,500 $1,000 if the
  611  waste contains PCB at a concentration of 50 parts per million or
  612  greater; untreated biomedical waste; friable asbestos greater
  613  than 1 cubic meter which is not wetted, bagged, and covered;
  614  used oil greater than 25 gallons; or 10 or more lead acid
  615  batteries. The department shall assess a penalty of $4,500
  616  $3,000 for failure to properly maintain leachate control;
  617  unauthorized burning; failure to have a trained spotter on duty
  618  at the working face when accepting waste; or failure to provide
  619  access control for three consecutive inspections. The department
  620  shall assess a penalty of $3,000 $2,000 for failure to construct
  621  or maintain a required stormwater management system.
  622         (f) For an air emission violation, the department shall
  623  assess a penalty of $1,500 $1,000 for an unpermitted or
  624  unauthorized air emission or an air-emission-permit exceedance,
  625  plus $1,000 if the emission results in an air quality violation,
  626  plus $4,500 $3,000 if the emission was from a major source and
  627  the source was major for the pollutant in violation; plus $1,500
  628  $1,000 if the emission was more than 150 percent of the
  629  allowable level.
  630         (g) For storage tank system and petroleum contamination
  631  violations, the department shall assess a penalty of $7,500
  632  $5,000 for failure to empty a damaged storage system as
  633  necessary to ensure that a release does not occur until repairs
  634  to the storage system are completed; when a release has occurred
  635  from that storage tank system; for failure to timely recover
  636  free product; or for failure to conduct remediation or
  637  monitoring activities until a no-further-action or site
  638  rehabilitation completion order has been issued. The department
  639  shall assess a penalty of $4,500 $3,000 for failure to timely
  640  upgrade a storage tank system. The department shall assess a
  641  penalty of $3,000 $2,000 for failure to conduct or maintain
  642  required release detection; failure to timely investigate a
  643  suspected release from a storage system; depositing motor fuel
  644  into an unregistered storage tank system; failure to timely
  645  assess or remediate petroleum contamination; or failure to
  646  properly install a storage tank system. The department shall
  647  assess a penalty of $1,500 $1,000 for failure to properly
  648  operate, maintain, or close a storage tank system.
  649         (4) In an administrative proceeding, in addition to the
  650  penalties that may be assessed under subsection (3), the
  651  department shall assess administrative penalties according to
  652  the following schedule:
  653         (a) For failure to satisfy financial responsibility
  654  requirements or for violation of s. 377.371(1), $7,500 $5,000.
  655         (b) For failure to install, maintain, or use a required
  656  pollution control system or device, $6,000 $4,000.
  657         (c) For failure to obtain a required permit before
  658  construction or modification, $4,500 $3,000.
  659         (d) For failure to conduct required monitoring or testing;
  660  failure to conduct required release detection; or failure to
  661  construct in compliance with a permit, $3,000 $2,000.
  662         (e) For failure to maintain required staff to respond to
  663  emergencies; failure to conduct required training; failure to
  664  prepare, maintain, or update required contingency plans; failure
  665  to adequately respond to emergencies to bring an emergency
  666  situation under control; or failure to submit required
  667  notification to the department, $1,500 $1,000.
  668         (f) Except as provided in subsection (2) with respect to
  669  public water systems serving a population of more than 10,000,
  670  for failure to prepare, submit, maintain, or use required
  671  reports or other required documentation, $750 $500.
  672         (5) Except as provided in subsection (2) with respect to
  673  public water systems serving a population of more than 10,000,
  674  for failure to comply with any other departmental regulatory
  675  statute or rule requirement not otherwise identified in this
  676  section, the department may assess a penalty of $1,000 $500.
  677         (6) For each additional day during which a violation
  678  occurs, the administrative penalties in subsections subsection
  679  (3), subsection (4), and subsection (5) may be assessed per day
  680  per violation.
  681         (7) The history of noncompliance of the violator for any
  682  previous violation resulting in an executed consent order, but
  683  not including a consent order entered into without a finding of
  684  violation, or resulting in a final order or judgment after the
  685  effective date of this law involving the imposition of $3,000
  686  $2,000 or more in penalties shall be taken into consideration in
  687  the following manner:
  688         (a) One previous such violation within 5 years prior to the
  689  filing of the notice of violation will result in a 25-percent
  690  per day increase in the scheduled administrative penalty.
  691         (b) Two previous such violations within 5 years prior to
  692  the filing of the notice of violation will result in a 50
  693  percent per day increase in the scheduled administrative
  694  penalty.
  695         (c) Three or more previous such violations within 5 years
  696  prior to the filing of the notice of violation will result in a
  697  100-percent per day increase in the scheduled administrative
  698  penalty.
  699         (8) The direct economic benefit gained by the violator from
  700  the violation, where consideration of economic benefit is
  701  provided by Florida law or required by federal law as part of a
  702  federally delegated or approved program, shall be added to the
  703  scheduled administrative penalty. The total administrative
  704  penalty, including any economic benefit added to the scheduled
  705  administrative penalty, may shall not exceed $15,000 $10,000.
  706         (9) The administrative penalties assessed for any
  707  particular violation may shall not exceed $7,500 $5,000 against
  708  any one violator, unless the violator has a history of
  709  noncompliance, the economic benefit of the violation as
  710  described in subsection (8) exceeds $7,500 $5,000, or there are
  711  multiday violations. The total administrative penalties may
  712  shall not exceed $50,000 $10,000 per assessment for all
  713  violations attributable to a specific person in the notice of
  714  violation.
  715         (10) The administrative law judge may receive evidence in
  716  mitigation. The penalties identified in subsections subsection
  717  (3), subsection (4), and subsection (5) may be reduced up to 50
  718  percent by the administrative law judge for mitigating
  719  circumstances, including good faith efforts to comply prior to
  720  or after discovery of the violations by the department. Upon an
  721  affirmative finding that the violation was caused by
  722  circumstances beyond the reasonable control of the respondent
  723  and could not have been prevented by respondent’s due diligence,
  724  the administrative law judge may further reduce the penalty.
  725         (11) Penalties collected pursuant to this section shall be
  726  deposited into the Water Quality Assurance Trust Fund or other
  727  trust fund designated by statute and shall be used to fund the
  728  restoration of ecosystems, or polluted areas of the state, as
  729  defined by the department, to their condition before pollution
  730  occurred. The Florida Conflict Resolution Consortium may use a
  731  portion of the fund to administer the mediation process provided
  732  in paragraph (2)(e) and to contract with private mediators for
  733  administrative penalty cases.
  734         (12) The purpose of the administrative penalty schedule and
  735  process is to provide a more predictable and efficient manner
  736  for individuals and businesses to resolve relatively minor
  737  environmental disputes. Subsections (3)-(7) may Subsection (3),
  738  subsection (4), subsection (5), subsection (6), or subsection
  739  (7) shall not be construed as limiting a state court in the
  740  assessment of damages. The administrative penalty schedule does
  741  not apply to the judicial imposition of civil penalties in state
  742  court as provided in this section.
  743         Section 15. Subsection (1) of section 403.141, Florida
  744  Statutes, is amended to read:
  745         403.141 Civil liability; joint and several liability.—
  746         (1) A person who Whoever commits a violation specified in
  747  s. 403.161(1) is liable to the state for any damage caused to
  748  the air, waters, or property, including animal, plant, or
  749  aquatic life, of the state and for reasonable costs and expenses
  750  of the state in tracing the source of the discharge, in
  751  controlling and abating the source and the pollutants, and in
  752  restoring the air, waters, and property, including animal,
  753  plant, and aquatic life, of the state to their former condition,
  754  and furthermore is subject to the judicial imposition of a civil
  755  penalty for each offense in an amount of not more than $15,000
  756  $10,000 per offense. However, the court may receive evidence in
  757  mitigation. Until a violation is resolved by order or judgment,
  758  each day during any portion of which such violation occurs or is
  759  not remediated constitutes a separate offense. Nothing herein
  760  gives shall give the department the right to bring an action on
  761  behalf of any private person.
  762         Section 16. Subsections (2) through (5) of section 403.161,
  763  Florida Statutes, are amended to read:
  764         403.161 Prohibitions, violation, penalty, intent.—
  765         (2) A person who Whoever commits a violation specified in
  766  subsection (1) is liable to the state for any damage caused and
  767  for civil penalties as provided in s. 403.141.
  768         (3) A Any person who willfully commits a violation
  769  specified in paragraph (1)(a) commits is guilty of a felony of
  770  the third degree, punishable as provided in ss. 775.082(3)(e)
  771  and 775.083(1)(g) by a fine of not more than $50,000 or by
  772  imprisonment for 5 years, or by both, for each offense. Until a
  773  violation is resolved by order or judgment, each day during any
  774  portion of which such violation occurs or is not remediated
  775  constitutes a separate offense.
  776         (4) A Any person who commits a violation specified in
  777  paragraph (1)(a) or paragraph (1)(b) due to reckless
  778  indifference or gross careless disregard commits is guilty of a
  779  misdemeanor of the second degree, punishable as provided in ss.
  780  775.082(4)(b) and 775.083(1)(g) by a fine of not more than
  781  $10,000 $5,000 or by 60 days in jail, or by both, for each
  782  offense.
  783         (5) A Any person who willfully commits a violation
  784  specified in paragraph (1)(b) or paragraph (1)(c) commits is
  785  guilty of a misdemeanor of the first degree punishable as
  786  provided in ss. 775.082(4)(a) and 775.083(1)(g) by a fine of not
  787  more than $10,000 or by 6 months in jail, or by both for each
  788  offense.
  789         Section 17. Paragraph (a) of subsection (6) of section
  790  403.413, Florida Statutes, is amended to read:
  791         403.413 Florida Litter Law.—
  792         (6) PENALTIES; ENFORCEMENT.—
  793         (a) Any person who dumps litter in violation of subsection
  794  (4) in an amount not exceeding 15 pounds in weight or 27 cubic
  795  feet in volume and not for commercial purposes commits is guilty
  796  of a noncriminal infraction, punishable by a civil penalty of
  797  $150 $100, from which $50 shall be deposited into the Solid
  798  Waste Management Trust Fund to be used for the solid waste
  799  management grant program pursuant to s. 403.7095. In addition,
  800  the court may require the violator to pick up litter or perform
  801  other labor commensurate with the offense committed.
  802         Section 18. Subsection (5) of section 403.7234, Florida
  803  Statutes, is amended to read:
  804         403.7234 Small quantity generator notification and
  805  verification program.—
  806         (5) Any small quantity generator who does not comply with
  807  the requirements of subsection (4) and who has received a
  808  notification and survey in person or through one certified
  809  letter from the county is subject to a fine of between $75 $50
  810  and $150 $100 per day for a maximum of 100 days. The county may
  811  collect such fines and deposit them in its general revenue fund.
  812  Fines collected by the county shall be used to carry out the
  813  notification and verification procedure established in this
  814  section. If there are excess funds after the notification and
  815  verification procedures have been completed, such funds shall be
  816  used for hazardous and solid waste management purposes only.
  817         Section 19. Subsection (3) of section 403.726, Florida
  818  Statutes, is amended to read:
  819         403.726 Abatement of imminent hazard caused by hazardous
  820  substance.—
  821         (3) An imminent hazard exists if any hazardous substance
  822  creates an immediate and substantial danger to human health,
  823  safety, or welfare or to the environment. The department may
  824  institute action in its own name, using the procedures and
  825  remedies of s. 403.121 or s. 403.131, to abate an imminent
  826  hazard. However, the department is authorized to recover a civil
  827  penalty of not more than $37,500 $25,000 for each day until a of
  828  continued violation is resolved by order or judgment. Whenever
  829  serious harm to human health, safety, and welfare; the
  830  environment; or private or public property may occur prior to
  831  completion of an administrative hearing or other formal
  832  proceeding that which might be initiated to abate the risk of
  833  serious harm, the department may obtain, ex parte, an injunction
  834  without paying filing and service fees prior to the filing and
  835  service of process.
  836         Section 20. Paragraph (a) of subsection (3) of section
  837  403.727, Florida Statutes, is amended to read:
  838         403.727 Violations; defenses, penalties, and remedies.—
  839         (3) Violations of the provisions of this act are punishable
  840  as follows:
  841         (a) Any person who violates the provisions of this act, the
  842  rules or orders of the department, or the conditions of a permit
  843  is liable to the state for any damages specified in s. 403.141
  844  and for a civil penalty of not more than $75,000 $50,000 for
  845  each day of continued violation or until a violation is resolved
  846  by order or judgment, except as otherwise provided herein. The
  847  department may revoke any permit issued to the violator. In any
  848  action by the department against a small hazardous waste
  849  generator for the improper disposal of hazardous wastes, a
  850  rebuttable presumption of improper disposal shall be created if
  851  the generator was notified pursuant to s. 403.7234; the
  852  generator shall then have the burden of proving that the
  853  disposal was proper. If the generator was not so notified, the
  854  burden of proving improper disposal shall be placed upon the
  855  department.
  856         Section 21. Subsection (8) of section 403.93345, Florida
  857  Statutes, is amended to read:
  858         403.93345 Coral reef protection.—
  859         (8) In addition to the compensation described in subsection
  860  (5), the department may assess, per occurrence, civil penalties
  861  according to the following schedule:
  862         (a) For any anchoring of a vessel on a coral reef or for
  863  any other damage to a coral reef totaling less than or equal to
  864  an area of 1 square meter, $225 $150, provided that a
  865  responsible party who has anchored a recreational vessel as
  866  defined in s. 327.02 which is lawfully registered or exempt from
  867  registration pursuant to chapter 328 is issued, at least once, a
  868  warning letter in lieu of penalty; with aggravating
  869  circumstances, an additional $225 $150; occurring within a state
  870  park or aquatic preserve, an additional $225 $150.
  871         (b) For damage totaling more than an area of 1 square meter
  872  but less than or equal to an area of 10 square meters, $450 $300
  873  per square meter; with aggravating circumstances, an additional
  874  $450 $300 per square meter; occurring within a state park or
  875  aquatic preserve, an additional $450 $300 per square meter.
  876         (c) For damage exceeding an area of 10 square meters,
  877  $1,500 $1,000 per square meter; with aggravating circumstances,
  878  an additional $1,500 $1,000 per square meter; occurring within a
  879  state park or aquatic preserve, an additional $1,500 $1,000 per
  880  square meter.
  881         (d) For a second violation, the total penalty may be
  882  doubled.
  883         (e) For a third violation, the total penalty may be
  884  tripled.
  885         (f) For any violation after a third violation, the total
  886  penalty may be quadrupled.
  887         (g) The total of penalties levied may not exceed $375,000
  888  $250,000 per occurrence.
  889         Section 22. Subsection (5) of s. 823.11, Florida Statutes,
  890  is reenacted for the purpose of incorporating the amendment made
  891  by this act to s. 376.16, Florida Statutes, in a reference
  892  thereto.
  893         Section 23. Subsection (5) of s. 403.077, subsection (2) of
  894  s. 403.131, paragraph (d) of subsection (3) of s. 403.4154, and
  895  subsection (5) of s. 403.860, Florida Statutes, are reenacted
  896  for the purpose of incorporating the amendment made by this act
  897  to s. 403.121, Florida Statutes, in references thereto.
  898         Section 24. Subsection (10) of s. 403.708, subsection (7)
  899  of s. 403.7191, and s. 403.811, Florida Statutes, are reenacted
  900  for the purpose of incorporating the amendment made by this act
  901  to s. 403.141, Florida Statutes, in references thereto.
  902         Section 25. Subsection (2) of s. 403.7255, Florida
  903  Statutes, is reenacted for the purpose of incorporating the
  904  amendment made by this act to s. 403.161, Florida Statutes, in a
  905  reference thereto.
  906         Section 26. Subsection (8) of s. 403.7186, Florida
  907  Statutes, is reenacted for the purpose of incorporating the
  908  amendments made by this act to ss. 403.141 and 403.161, Florida
  909  Statutes, in references thereto.
  910         Section 27. This act shall take effect July 1, 2020.