HB 1091 — Environmental Accountability

Section 4.

Subsections (5) and (7) of section 373.129, Florida Statutes, are amended to read:

373.129 Maintenance of actions.—The department, the Page 4 of 42 CODING:

hb1091-02-c2hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1091 2020 governing$7,500 board$5,000 ofper anyday waterof managementsuch district,violation. any local board, or a local government to which authority has been delegated pursuant to s.

Until a violation is resolved by order or judgment, each day during any portion of which such violation occurs or is not remediated constitutes a separate offense.

Section 4.

Subsections (5) and (7) of section 373.129, Florida Statutes, are amended to read:

373.129 Maintenance of actions.—The department, the governing board of any water management district, any local board, or a local government to which authority has been delegated pursuant to s.

EachUntil a violation is resolved by order or judgment, each date during any portion of which such violation occurs or is not remediated constitutes a separate offense.

(b) A local government that is delegated authority pursuantPage to5 s.of 43 CODING:

373.103(8) may deposit a civil penalty recovered pursuant to this subsection into a local water pollution control program trust fund, notwithstanding the provisions of paragraph (a).

However, civil penalties that are deposited in a local water pollution control program trust fund and that are recovered for violations of state water quality standards may be used only to restore water quality in the area that was the subject of the action, and civil penalties that are deposited in Page 5 of 42 CODING:

hb1091-02-c2hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1091 2020 apursuant local water pollution control program trust fund and that are recovered for violation of requirements relating to waters. quantity may be used only to purchase lands and make capital improvements associated with surface water management, or other purposes consistent with the requirements of this chapter for the management and storage of surface water.

373.103(8) may deposit a civil penalty recovered pursuant to this subsection into a local water pollution control program trust fund, notwithstanding the provisions of paragraph (a).

However, civil penalties that are deposited in a local water pollution control program trust fund and that are recovered for violations of state water quality standards may be used only to restore water quality in the area that was the subject of the action, and civil penalties that are deposited in a local water pollution control program trust fund and that are recovered for violation of requirements relating to water quantity may be used only to purchase lands and make capital improvements associated with surface water management, or other purposes consistent with the requirements of this chapter for the management and storage of surface water.

ThePage civil6 penalty may be recovered by the water management board of the43 waterCODING: management district in which the well is located or by the department in a suit in a court of competent jurisdiction in the county where the defendant resides, in the county of residence of any defendant if there is more than one defendant, or in the county where the violation took place.

The place of suit shall be selected by the board or department, and the suit, by direction of the board or department, shall be instituted and Page 6 of 42 CODING:

hb1091-02-c2hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1091 2020 conductedThe incivil penalty may be recovered by the namewater management board of the boardwater management district in which the well is located or by the department byin appropriatea counsel.suit in a court of competent jurisdiction in the county where the defendant resides, in the county of residence of any defendant if there is more than one defendant, or in the county where the violation took place.

The place of suit shall be selected by the board or department, and the suit, by direction of the board or department, shall be instituted and conducted in the name of the board or department by appropriate counsel.

(4)Page A7 Any person who commits a violation specified in paragraph (1)(a) or paragraph (1)(b) due to reckless indifference or gross careless disregard commits is guilty of a43 misdemeanorCODING: of the second degree, punishable as provided in ss.

775.082(4)(b) and 775.083(1)(g), by a fine of not more than $10,000 $5,000 or 60 days in jail, or by both, for each offense.

(5) A Any person who willfully commits a violation specified in paragraph (1)(b) or who commits a violation Page 7 of 42 CODING:

hb1091-02-c2hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1091 2020 (4) A Any person who commits a violation specified in paragraph (1)(c)(1)(a) or paragraph (1)(b) due to reckless indifference or gross careless disregard commits is guilty of a misdemeanor of the firstsecond degree, punishable as provided in ss.

775.082(4)(b) and 775.083(1)(g), by a fine of not more than $10,000 $5,000 or 60 days in jail, or by both, for each offense.

(5) A Any person who willfully commits a violation specified in paragraph (1)(b) or who commits a violation specified in paragraph (1)(c) commits is guilty of a misdemeanor of the first degree, punishable as provided in ss.

If the commission of the infraction is proved,Page the8 court shall impose a civil penalty of $75043 $500.CODING:

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words underlined are additions.

hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1091 2020 proved, the court shall impose a civil penalty of $750 $500.

Page(e) 8A person who elects to appear before the county court or who is required to appear waives the limitations of 42the CODING:civil penalty specified in paragraph (a).

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hb1091-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1091 2020 (e) A person who elects to appear before the county court or who is required to appear waives the limitations of the civil penalty specified in paragraph (a).

EachUntil a violation is resolved by order or judgment, each day during any portion of which the violation occurs or is not remediated constitutes a separate offense.

The penalty provisions of this subsection do shall not applyPage to9 any discharge promptly reported and removed by a person responsible, in accordance with the rules and orders of the43 department,CODING: or to any discharge of pollutants equal to or less than 5 gallons.

(2) In addition to the penalty provisions which may apply under subsection (1), a person responsible for two or more discharges of any pollutant reported pursuant to s.

376.12 within a 12-month period at the same facility commits a noncriminal infraction and shall be cited by the department for such infraction.

Page 9 of 42 CODING:

hb1091-02-c2hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1091 2020 (a)apply Forto dischargesany ofdischarge gasolinepromptly orreported dieseland overremoved 5by gallons,a theperson civilresponsible, penaltyin foraccordance with the secondrules dischargeand shallorders beof $750 $500 and the civildepartment, penaltyor forto eachany subsequent discharge withinof apollutants 12-equal monthto periodor shallless bethan $1,5005 $1,000,gallons. except as otherwise provided in this section.

(2) In addition to the penalty provisions which may apply under subsection (1), a person responsible for two or more discharges of any pollutant reported pursuant to s.

376.12 within a 12-month period at the same facility commits a noncriminal infraction and shall be cited by the department for such infraction.

(a) For discharges of gasoline or diesel over 5 gallons, the civil penalty for the second discharge shall be $750 $500 and the civil penalty for each subsequent discharge within a 12- month period shall be $1,500 $1,000, except as otherwise provided in this section.

(a) For discharges of gasoline or diesel equal to or less thanPage 510 gallons,of the43 civilCODING: penalty shall be $75 $50 for each discharge subsequent to the first.

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words underlined are additions.

hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1091 2020 than 5 gallons, the civil penalty shall be $75 $50 for each discharge subsequent to the first.

or Page(c) 10Sign ofand 42accept CODING:a citation indicating a promise to appear before the county court.

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words underlined are additions.

hb1091-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1091 2020 (c) Sign and accept a citation indicating a promise to appear before the county court.

or (b) If the person has posted bond, forfeit the bond by not appearingPage at11 theof designated43 timeCODING: and location.

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hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1091 2020 appearing at the designated time and location.

The court, after a Pagehearing, 11shall ofmake 42a CODING:determination as to whether an infraction has been committed.

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hb1091-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1091 2020 hearing, shall make a determination as to whether an infraction has been committed.

If the commission of an infraction is proved, the court may impose a civil penalty up to, but not exceeding, $7,500 $5,000 for the second discharge of pollutants other than gasoline or diesel and a civil penalty up to,Page but12 not exceeding, $15,000 $10,000 for each subsequent discharge of pollutants43 otherCODING: than gasoline or diesel within a 12-month period.

(9) At a hearing under this section, the commission of a charged offense must be proved by the greater weight of the evidence.

(10) A person who is found by a hearing official to have committed an infraction may appeal that finding to the circuit court.

(11) Any person who has not posted bond and who neither Page 12 of 42 CODING:

hb1091-02-c2hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1091 2020 paysto, thebut applicablenot civilexceeding, penalty,$15,000 as$10,000 specifiedfor ineach subsectionsubsequent (2)discharge or subsection (3) within 30 days of receiptpollutants ofother thethan citationgasoline noror appearsdiesel beforewithin the court commits a misdemeanor12-month ofperiod. the second degree, punishable as provided in s.

(9) At a hearing under this section, the commission of a charged offense must be proved by the greater weight of the evidence.

(10) A person who is found by a hearing official to have committed an infraction may appeal that finding to the circuit court.

(11) Any person who has not posted bond and who neither pays the applicable civil penalty, as specified in subsection (2) or subsection (3) within 30 days of receipt of the citation nor appears before the court commits a misdemeanor of the second degree, punishable as provided in s.

required and prohibited releases.— (6) PENALTIES.— (a) A person who violates this section is subject to a civilPage penalty13 of not43 moreCODING: than $75,000 $50,000 for each violation.

EachWords daystricken duringare anydeletions; portion of which such violation occurs constitutes a separate offense.

words underlined are additions.

hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1091 2020 civil penalty of not more than $75,000 $50,000 for each violation.

Until a violation is resolved by order or judgment, each day during any portion of which such violation occurs or is not remediated constitutes a separate offense.

377.37 Penalties.— (1)(a) Any person who violates any provision of this law or any rule, regulation, or order of the division made under this chapter or who violates the terms of any permit to drill for or produce oil, gas, or other petroleum products referred to Pagein 13s. of 42 CODING:

377.242(1) or to store gas in a natural gas storage facility, or any lessee, permitholder, or operator of equipment or facilities used in the exploration for, drilling for, or production of oil, gas, or other petroleum products, or storage of gas in a natural gas storage facility, who refuses inspection by the division as provided in this chapter, is liable to the state for any damage caused to the air, waters, or property, including animal, plant, or aquatic life, of the state and for reasonable costs and expenses of the state in tracing the source of the discharge, in controlling and abating the source and the pollutants, and in restoring the air, waters, and property, including animal, plant, and aquatic life, of the state.

Furthermore, such person, lessee, permitholder, or operator is subject to the judicial imposition of a civil penalty in an Page 14 of 43 CODING:

hb1091-02-c2hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1091 2020 inamount s.of not more than $15,000 $10,000 for each offense.

377.242(1) or to store gas in a natural gas storage facility, or any lessee, permitholder, or operator of equipment or facilities used in the exploration for, drilling for, or production of oil, gas, or other petroleum products, or storage of gas in a natural gas storage facility, who refuses inspection by the division as provided in this chapter, is liable to the state for any damage caused to the air, waters, or property, including animal, plant, or aquatic life, of the state and for reasonable costs and expenses of the state in tracing the source of the discharge, in controlling and abating the source and the pollutants, and in restoring the air, waters, and property, including animal, plant, and aquatic life, of the state.

Furthermore, such person, lessee, permitholder, or operator is subject to the judicial imposition of a civil penalty in an amount of not more than $15,000 $10,000 for each offense.

EachUntil a violation is resolved by order or judgment, each day during any portion of which such violation occurs or is not remediated constitutes a separate offense.

penalties.— (2) The department may institute a civil action in a court of competent jurisdiction to impose and recover a civil penalty Pagefor 14violation of 42this CODING:part or of any rule adopted or order issued pursuant to this part.

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hb1091-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1091 2020 for violation of this part or of any rule adopted or order issued pursuant to this part.

Subject to the provisions of subsection (4), eachuntil daya or any portion thereof in which the violation continuesPage shall15 constituteof a43 separateCODING: violation.

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hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1091 2020 is resolved by order or judgment, each day or any portion thereof in which the violation continues or is not remediated shall constitute a separate violation.

Failure to conform shall be punishable by a civil penalty of $750 $500 for each 24-hour day or fraction thereof that such failure is allowed to continue Pagethereafter. 15 of 42 CODING:

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hb1091-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1091 2020 thereafter.

(a) The department may institute a civil action in a court of competent jurisdiction to establish liability and to recover damages for any injury to the air, waters, or property, including animal, plant, and aquatic life, of the state caused byPage any16 violation.of 43 CODING:

(b) The department may institute a civil action in a court of competent jurisdiction to impose and to recover a civil penalty for each violation in an amount of not more than $15,000 $10,000 per offense.

However, the court may receive evidence in mitigation.

Each day during any portion of which such violation occurs constitutes a separate offense.

(c) Except as provided in paragraph (2)(c), it is shall not be a defense to, or ground for dismissal of, these judicial remedies for damages and civil penalties that the department has failed to exhaust its administrative remedies, has failed to serve a notice of violation, or has failed to hold an administrative hearing before prior to the institution of a Page 16 of 42 CODING:

hb1091-02-c2hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1091 2020 civilby action.any violation.

(b) The department may institute a civil action in a court of competent jurisdiction to impose and to recover a civil penalty for each violation in an amount of not more than $15,000 $10,000 per offense.

However, the court may receive evidence in mitigation.

Until a violation is resolved by order or judgment, each day during any portion of which such violation occurs or is not remediated constitutes a separate offense.

(c) Except as provided in paragraph (2)(c), it is shall not be a defense to, or ground for dismissal of, these judicial remedies for damages and civil penalties that the department has failed to exhaust its administrative remedies, has failed to serve a notice of violation, or has failed to hold an administrative hearing prior to the institution of a civil action.

(b) If the department has reason to believe a violation hasPage occurred,17 it may institute an administrative proceeding to order the prevention, abatement, or control of the43 conditionsCODING: creating the violation or other appropriate corrective action.

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hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1091 2020 has occurred, it may institute an administrative proceeding to order the prevention, abatement, or control of the conditions creating the violation or other appropriate corrective action.

The department may shall not impose administrative penalties in excess of $50,000 $10,000 in Pagea 17notice of 42violation. CODING:

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hb1091-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1091 2020 a notice of violation.

If the department is unable to effect service by certified mail, the notice of violation may be hand delivered or personally served in accordancePage with18 chapterof 48.43 CODING:

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hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1091 2020 accordance with chapter 48.

Failure to request an administrative hearing within this time period constitutes shall constitute a waiver thereof, Pageunless 18the respondent files a written notice with the department within this time period opting out of 42the CODING:administrative process initiated by the department to impose administrative penalties.

Any respondent choosing to opt out of the administrative process initiated by the department in an action that seeks the imposition of administrative penalties must file a written notice with the department within 20 days after service of the notice of violation opting out of the administrative process.

A respondent's decision to opt out of the administrative process does not preclude the department from initiating a state court action seeking injunctive relief, damages, and the judicial Page 19 of 43 CODING:

hb1091-02-c2hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1091 2020 unlessimposition the respondent files a written notice with the department within this time period opting out of thecivil administrative process initiated by the department to impose administrative penalties.

Any respondent choosing to opt out of the administrative process initiated by the department in an action that seeks the imposition of administrative penalties must file a written notice with the department within 20 days after service of the notice of violation opting out of the administrative process.

A respondent's decision to opt out of the administrative process does not preclude the department from initiating a state court action seeking injunctive relief, damages, and the judicial imposition of civil penalties.

When the department seeks to enforce that portion of a Pagefinal 19order ofimposing 42administrative CODING:penalties pursuant to s.

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hb1091-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1091 2020 final order imposing administrative penalties pursuant to s.

(e) After filing a petition requesting a formal hearing in response to a notice of violation in which the department imposes an administrative penalty, a respondent may request that a private mediator be appointed to mediate the dispute by contacting the Florida Conflict Resolution Consortium within 10 days after receipt of the initial order from the administrative lawPage judge.20 of 43 CODING:

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hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1091 2020 law judge.

(f) In any administrative proceeding brought by the Pagedepartment, 20the ofprevailing 42party CODING:shall recover all costs as provided in ss.

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hb1091-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1091 2020 department, the prevailing party shall recover all costs as provided in ss.

An No award of attorney's fees as provided by this subsection mayPage not21 shallof exceed43 $15,000.CODING:

(g)Words Thisstricken sectionare doesdeletions; not prevent Nothing herein shall be construed as preventing any other legal or administrative action in accordance with law and does not.

words underlined are additions.

hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1091 2020 may not shall exceed $15,000.

(g) Nothing herein shall be construed as preventing any other legal or administrative action in accordance with law.

The department retains the authority to judicially pursue penalties in excess of $50,000 $10,000 for violations not specifically included in the administrative penalty schedule, or for multiple or multiday Pageviolations 21alleged to exceed a total of 42$50,000 CODING:$10,000.

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hb1091-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1091 2020 violations alleged to exceed a total of $50,000 $10,000.

(h)Page Chapter22 120of applies43 shallCODING: apply to any administrative action taken by the department or any delegated program pursuing administrative penalties in accordance with this section.

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hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1091 2020 (h) Chapter 120 applies shall apply to any administrative action taken by the department or any delegated program pursuing administrative penalties in accordance with this section.

For Pagefailure 22to obtain a clearance letter prior to placing a drinking water system into service when the system would not have been eligible for clearance, the department shall assess a penalty of 42$4,500 CODING:$3,000.

(b) For failure to obtain a required wastewater permit, other than a permit required for surface water discharge, the department shall assess a penalty of $1,500 $1,000.

For a domestic or industrial wastewater violation not involving a surface water or groundwater quality violation, the department shall assess a penalty of $3,000 $2,000 for an unpermitted or unauthorized discharge or effluent-limitation exceedance.

For an Page 23 of 43 CODING:

hb1091-02-c2hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1091 2020 failureunpermitted toor obtainunauthorized adischarge clearanceor lettereffluent-limitation beforeexceedance priorthat toresulted placingin a drinkingsurface water systemor intogroundwater servicequality whenviolation, the system would not have been eligible for clearance, the department shall assess a penalty of $4,500$7,500 $3,000.$5,000.

(b)(c) For failurea todredge obtainand afill requiredor wastewaterstormwater permit,violation, otherthe thandepartment shall assess a permitpenalty requiredof $1,500 $1,000 for surfaceunpermitted wateror discharge,unauthorized thedredging departmentor shallfilling assessor unauthorized construction of a penaltystormwater management system against the person or persons responsible for the illegal dredging or filling, or unauthorized construction of a stormwater management system plus $3,000 $2,000 $1,000.if the dredging or filling occurs in an aquatic preserve, an Outstanding Florida Water, a conservation easement, or a Class I or Class II surface water, plus $1,500 $1,000 if the area dredged or filled is greater than one-quarter acre but less than or equal to one-half acre, and plus $1,500 $1,000 if the area dredged or filled is greater than one-half acre but less than or equal to one acre.

For a domestic or industrial wastewater violation not involving a surface water or groundwater quality violation, the department shall assess a penalty of $4,000 $2,000 for an unpermitted or unauthorized discharge or effluent-limitation exceedance.

For an unpermitted or unauthorized discharge or effluent-limitation exceedance that resulted in a surface water or groundwater quality violation, the department shall assess a penalty of $10,000 $5,000.

Each day the cause of an unauthorized discharge of domestic wastewater is not addressed constitutes a separate offense.

(c) For a dredge and fill or stormwater violation, the department shall assess a penalty of $1,500 $1,000 for unpermitted or unauthorized dredging or filling or unauthorized construction of a stormwater management system against the person or persons responsible for the illegal dredging or filling, or unauthorized construction of a stormwater management system plus $3,000 $2,000 if the dredging or filling occurs in an aquatic preserve, an Outstanding Florida Water, a Page 23 of 42 CODING:

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hb1091-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1091 2020 conservation easement, or a Class I or Class II surface water, plus $1,500 $1,000 if the area dredged or filled is greater than one-quarter acre but less than or equal to one-half acre, and plus $1,500 $1,000 if the area dredged or filled is greater than one-half acre but less than or equal to one acre.

The department shall assess a penalty of $4,500 $3,000 for the failure to complete required mitigation, failure to record a required conservation easement, or for a water quality violation resulting from dredging or fillingPage activities,24 stormwater construction activities or failure of a43 stormwaterCODING: treatment facility.

For stormwater management systems serving less than 5 acres, the department shall assess a penalty of $3,000 $2,000 for the failure to properly or timely construct a stormwater management system.

In addition to the penalties authorized in this subsection, the department shall assess a penalty of $7,500 $5,000 per violation against the contractor or agent of the owner or tenant that conducts unpermitted or unauthorized dredging or filling.

For purposes of this paragraph, the preparation or signing of a permit application by a person currently licensed under chapter 471 to practice as a professional engineer does shall not make Page 24 of 42 CODING:

hb1091-02-c2hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1091 2020 thatfilling personactivities, anstormwater agentconstruction activities or failure of thea ownerstormwater ortreatment tenant.facility.

For stormwater management systems serving less than 5 acres, the department shall assess a penalty of $3,000 $2,000 for the failure to properly or timely construct a stormwater management system.

In addition to the penalties authorized in this subsection, the department shall assess a penalty of $7,500 $5,000 per violation against the contractor or agent of the owner or tenant that conducts unpermitted or unauthorized dredging or filling.

For purposes of this paragraph, the preparation or signing of a permit application by a person currently licensed under chapter 471 to practice as a professional engineer does shall not make that person an agent of the owner or tenant.

plus $1,000 if thePage solid25 waste is Class I or Class III (excluding yard trash) or if the solid waste is construction and demolition debris in excess of 2043 cubicCODING: yards, plus $1,500 $1,000 if the waste is disposed of or stored in any natural or artificial body of water or within 500 feet of a potable water well, plus $1,500 $1,000 if the waste contains PCB at a concentration of 50 parts per million or greater;

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hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1091 2020 the solid waste is Class I or Class III (excluding yard trash) or if the solid waste is construction and demolition debris in excess of 20 cubic yards, plus $1,500 $1,000 if the waste is disposed of or stored in any natural or artificial body of water or within 500 feet of a potable water well, plus $1,500 $1,000 if the waste contains PCB at a concentration of 50 parts per million or greater;

failure to have a trained spotter on duty Pageat 25the ofworking 42face CODING:when accepting waste;

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hb1091-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1091 2020 at the working face when accepting waste;

(g) For storage tank system and petroleum contamination violations,Page the26 department shall assess a penalty of $7,50043 $5,000CODING: for failure to empty a damaged storage system as necessary to ensure that a release does not occur until repairs to the storage system are completed;

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hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1091 2020 violations, the department shall assess a penalty of $7,500 $5,000 for failure to empty a damaged storage system as necessary to ensure that a release does not occur until repairs to the storage system are completed;

failure to timely investigate a Pagesuspected 26release offrom 42a CODING:storage system;

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hb1091-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1091 2020 suspected release from a storage system;

(b) For failure to install, maintain, or use a required pollutionPage control27 systemof or43 device,CODING: $6,000 $4,000.

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hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1091 2020 pollution control system or device, $6,000 $4,000.

Page(f) 27Except as provided in subsection (2) with respect to public water systems serving a population of 42more CODING:than 10,000, for failure to prepare, submit, maintain, or use required reports or other required documentation, $750 $500.

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hb1091-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1091 2020 (f) Except as provided in subsection (2) with respect to public water systems serving a population of more than 10,000, for failure to prepare, submit, maintain, or use required reports or other required documentation, $750 $500.

(7)Page The28 history of noncompliance43 ofCODING: the violator for any previous violation resulting in an executed consent order, but not including a consent order entered into without a finding of violation, or resulting in a final order or judgment after the effective date of this law involving the imposition of $3,000 $2,000 or more in penalties shall be taken into consideration in the following manner:

(a) One previous such violation within 5 years before prior to the filing of the notice of violation will result in a 25-percent per day increase in the scheduled administrative penalty.

(b) Two previous such violations within 5 years before Page 28 of 42 CODING:

hb1091-02-c2hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1091 2020 prior(7) toThe thehistory filingof noncompliance of the noticeviolator offor violationany willprevious resultviolation resulting in an executed consent order, but not including a 50-percentconsent perorder dayentered increaseinto without a finding of violation, or resulting in a final order or judgment after the scheduledeffective administrativedate penalty.of this law involving the imposition of $3,000 $2,000 or more in penalties shall be taken into consideration in the following manner:

(c)(a) ThreeOne or more previous such violationsviolation within 5 years before prior to the filing of the notice of violation will result in a 100-percent25- percent per day increase in the scheduled administrative penalty.

(b) Two previous such violations within 5 years prior to the filing of the notice of violation will result in a 50- percent per day increase in the scheduled administrative penalty.

(c) Three or more previous such violations within 5 years prior to the filing of the notice of violation will result in a 100-percent per day increase in the scheduled administrative penalty.

The total administrative penalty, including any economic benefit added to the scheduled administrativePage penalty,29 mayof shall43 notCODING: exceed $15,000 $10,000.

(9)Words Thestricken administrative penalties assessed for any particular violation may shall not exceed $10,000 $5,000 against any one violator, unless the violator has a history of noncompliance, the economic benefit of the violation as described in subsection (8) exceeds $10,000 $5,000, or there are multidaydeletions; violations.

words underlined are additions.

hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1091 2020 administrative penalty, may shall not exceed $15,000 $10,000.

(9) The administrative penalties assessed for any particular violation may shall not exceed $7,500 $5,000 against any one violator, unless the violator has a history of noncompliance, the economic benefit of the violation as described in subsection (8) exceeds $7,500 $5,000, or there are multiday violations.

The penalties identified in subsections subsection Page(3), 29subsection (4), and subsection (5) may be reduced up to 50 percent by the administrative law judge for mitigating circumstances, including good faith efforts to comply prior to or after discovery of 42the CODING:violations by the department.

Upon an affirmative finding that the violation was caused by circumstances beyond the reasonable control of the respondent and could not have been prevented by respondent's due diligence, the administrative law judge may further reduce the penalty.

(11) Penalties collected pursuant to this section shall be deposited into the Water Quality Assurance Trust Fund or other trust fund designated by statute and shall be used to fund the restoration of ecosystems, or polluted areas of the state, as defined by the department, to their condition before pollution Page 30 of 43 CODING:

hb1091-02-c2hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1091 2020 (3),occurred. subsection (4), and subsection (5) may be reduced up to 50 percent by the administrative law judge for mitigating circumstances, including good faith efforts to comply before prior to or after discovery of the violations by the department.

Upon an affirmative finding that the violation was caused by circumstances beyond the reasonable control of the respondent and could not have been prevented by respondent's due diligence, the administrative law judge may further reduce the penalty.

(11) Penalties collected pursuant to this section shall be deposited into the Water Quality Assurance Trust Fund or other trust fund designated by statute and shall be used to fund the restoration of ecosystems, or polluted areas of the state, as defined by the department, to their condition before pollution occurred.

The administrative penalty schedule does not apply to the judicial imposition of civil Pagepenalties 30in ofstate 42court CODING:as provided in this section.

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words underlined are additions.

hb1091-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1091 2020 penalties in state court as provided in this section.

403.161(1) is liable to the state for any damage caused to the air, waters, or property, including animal, plant, or aquatic life, of the state and for reasonable costs and expenses of the state in tracing the source of the discharge, in controlling and abating the source and the pollutants, and in restoring the air, waters, and property, including animal, plant, and aquatic life, of the state to their former condition, and furthermore is subject to the judicial imposition of a civil penaltyPage for31 each offense in an amount of not43 moreCODING: than $15,000 $10,000 per offense.

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words underlined are additions.

hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1091 2020 penalty for each offense in an amount of not more than $15,000 $10,000 per offense.

EachUntil a violation is resolved by order or judgment, each day during any portion of which such violation occurs or is not remediated constitutes a separate offense.

IfNothing aherein violationgives isshall angive unauthorized discharge of domestic wastewater, each day the causedepartment of the violationright isto notbring addressedan constitutesaction aon separatebehalf offenseof untilany theprivate violationperson. is resolved by order or judgment.

This section does not Nothing herein shall give the department the right to bring an action on behalf of any private person.

403.161 Prohibitions, violation, penalty, intent.— Page(2) 31A ofperson 42who CODING:Whoever commits a violation specified in subsection (1) is liable to the state for any damage caused and for civil penalties as provided in s.

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hb1091-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1091 2020 (2) A person who Whoever commits a violation specified in subsection (1) is liable to the state for any damage caused and for civil penalties as provided in s.

775.082(4)(b) and 775.083(1)(g) by a fine of not more than $10,000Page $5,00032 orof by43 60CODING: days in jail, or by both, for each offense.

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words underlined are additions.

hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1091 2020 $10,000 $5,000 or by 60 days in jail, or by both, for each offense.

Page403.413 32Florida ofLitter 42Law.— CODING:(6) PENALTIES;

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hb1091-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1091 2020 403.413 Florida Litter Law.— (6) PENALTIES;

403.7234 Small quantity generator notification and verification program.— (5)Page Any33 small quantity generator who does not comply with the requirements of subsection43 (4)CODING: and who has received a notification and survey in person or through one certified letter from the county is subject to a fine of between $75 $50 and $150 $100 per day for a maximum of 100 days.

The county may collect such fines and deposit them in its general revenue fund.

Fines collected by the county shall be used to carry out the notification and verification procedure established in this section.

If there are excess funds after the notification and verification procedures have been completed, such funds shall be Page 33 of 42 CODING:

hb1091-02-c2hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1091 2020 used(5) forAny hazardoussmall quantity generator who does not comply with the requirements of subsection (4) and solidwho wastehas managementreceived purposesa only.notification and survey in person or through one certified letter from the county is subject to a fine of between $75 $50 and $150 $100 per day for a maximum of 100 days.

The county may collect such fines and deposit them in its general revenue fund.

Fines collected by the county shall be used to carry out the notification and verification procedure established in this section.

If there are excess funds after the notification and verification procedures have been completed, such funds shall be used for hazardous and solid waste management purposes only.

However, the department is authorized to recover a civil penalty of not more than $37,500 $25,000 for each day until a of continued violation.violation is resolved by order or judgment.

or private or public property may occur before prior to completionPage of34 an administrative hearing or other formal proceeding that which might be initiated to abate the risk of serious43 harm,CODING: the department may obtain, ex parte, an injunction without paying filing and service fees before prior to the filing and service of process.

Words stricken are deletions;

words underlined are additions.

hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1091 2020 completion of an administrative hearing or other formal proceeding that which might be initiated to abate the risk of serious harm, the department may obtain, ex parte, an injunction without paying filing and service fees prior to the filing and service of process.

Page(a) 34Any person who violates the provisions of 42this CODING:act, the rules or orders of the department, or the conditions of a permit is liable to the state for any damages specified in s.

Words403.141 strickenand arefor deletions;a civil penalty of not more than $75,000 $50,000 for each day of continued violation or until a violation is resolved by order or judgment, except as otherwise provided herein.

words underlined are additions.

hb1091-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1091 2020 (a) Any person who violates the provisions of this act, the rules or orders of the department, or the conditions of a permit is liable to the state for any damages specified in s.

403.141 and for a civil penalty of not more than $75,000 $50,000 for each day of continued violation, except as otherwise provided herein.

SectionPage 21.35 of 43 CODING:

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hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1091 2020 Section 21.

327.02 which is lawfully registered or exempt from Pageregistration 35pursuant ofto 42chapter CODING:328 is issued, at least once, a warning letter in lieu of penalty;

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hb1091-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1091 2020 registration pursuant to chapter 328 is issued, at least once, a warning letter in lieu of penalty;

occurring within a state park or aquatic preserve, an additional $1,500 $1,000 per squarePage meter.36 of 43 CODING:

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words underlined are additions.

hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1091 2020 square meter.

376.16, Florida Statutes, in a reference Pagethereto, 36subsection (5) of 42s. CODING:

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hb1091-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1091 2020 thereto, subsection (5) of s.

For the purpose of incorporating the amendment made by this act to section 403.121, Florida Statutes, in a referencePage thereto,37 subsection (5) of section43 403.077,CODING: Florida Statutes, is reenacted to read:

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hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1091 2020 reference thereto, subsection (5) of section 403.077, Florida Statutes, is reenacted to read:

403.131 Injunctive relief, remedies.— Page(2) 37All ofthe 42judicial CODING:and administrative remedies to recover damages and penalties in this section and s.

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hb1091-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1091 2020 (2) All the judicial and administrative remedies to recover damages and penalties in this section and s.

403.4154 Phosphogypsum management program.— (3) ABATEMENT OF IMMINENT HAZARD.— (d) If the department determines that the failure of an owner or operator to comply with department rules requiring demonstration of financial responsibility or that the physical condition, maintenance, operation, or closure of a phosphogypsum stack system poses an imminent hazard, the department shall requestPage access38 to the property on which such stack system is located from the owner or operator of the43 stackCODING: system for the purposes of taking action to abate or substantially reduce the imminent hazard.

Words stricken are deletions;

words underlined are additions.

hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1091 2020 request access to the property on which such stack system is located from the owner or operator of the stack system for the purposes of taking action to abate or substantially reduce the imminent hazard.

Whenever serious harm to human health, safety, or welfare, to the environment, or to private or public property may occur before prior to completion of an Pageadministrative 38hearing or other formal proceeding that might be initiated to abate the risk of 42serious CODING:harm, the department may obtain from the court, ex parte, an injunction without paying filing and service fees prior to the filing and service of process.

Words stricken are deletions;

words underlined are additions.

hb1091-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1091 2020 administrative hearing or other formal proceeding that might be initiated to abate the risk of serious harm, the department may obtain from the court, ex parte, an injunction without paying filing and service fees before prior to the filing and service of process.

403.862(1)(c) shall assess administrative penalties for violationsPage 39 of this43 sectionCODING: in accordance with s.

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hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1091 2020 violations of this section in accordance with s.

Page403.141. 39 of 42 CODING:

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hb1091-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1091 2020 403.141.

(c)Page Furnish40 a certificate of compliance43 withCODING: respect to any package or packaging component which does not comply with the provisions of subsection (3).

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hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1091 2020 (c) Furnish a certificate of compliance with respect to any package or packaging component which does not comply with the provisions of subsection (3).

994 Violations shall be punishable by a civil penalty as provided in s.

403.811 Dredge and fill permits issued pursuant to this Pagechapter 40and ofs. 42 CODING:

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hb1091-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1091 2020 chapter and s.

A violation of a permit or other order addressing dredging or filling issued pursuant to this chapter isPage punishable41 byof a43 civilCODING: penalty as provided in s.

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hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1091 2020 is punishable by a civil penalty as provided in s.

The Pageprovisions 41 of 42s. CODING:

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hb1091-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1091 2020 provisions of s.

403.7255 Placement of signs.— (2)Page Violations42 of this43 actCODING: are punishable as provided in s.

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words underlined are additions.

hb1091-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1091 2020 (2) Violations of this act are punishable as provided in s.

Page 4243 of 4243 CODING:

hb1091-02-c2hb1091-01-c1