The Florida Senate

¹252.85  Fees.--

(1)  Any owner or operator of a facility required under s. 302 or s. 312 of EPCRA, or by s. 252.87, to submit a notification or an annual inventory form to the commission shall be required to pay an annual registration fee. The fee for any company, including all facilities under common ownership or control, shall not be less than $25 nor more than $2,000. The department shall establish a reduced fee, of not less than $25 nor more than $500, applicable to any owner or operator regulated under part I of chapter 368, chapter 527, or s. 376.303, which does not have present any extremely hazardous substance, as defined by EPCRA, in excess of a threshold planning quantity, as established by EPCRA. The department shall establish a reduced fee of not less than $25 nor more than $1,000, applicable to any owner or operator of a facility with a Standard Industrial Classification Code of 01, 02, or 07, which is eligible for the "routine agricultural use" exemption provided in ss. 311 and 312 of EPCRA. The fee under this subsection shall be based on the number of employees employed within the state at facilities under the common ownership or control of such owner or operator, which number shall be determined, to the extent possible, in accordance with data supplied by the Department of Labor and Employment Security. In order to avoid the duplicative reporting of seasonal and temporary agricultural employees, fees applicable to owners or operators of agricultural facilities, which are eligible for the "routine agricultural use" reporting exemption provided in ss. 311 and 312 of EPCRA, shall be based on employee data which most closely reflects such owner or operator's permanent nonseasonal workforce. The department shall establish by rule the date by which the fee is to be paid, as well as a formula or method of determining the applicable fee under this subsection without regard to the number of facilities under common ownership or control. The department may require owners or operators of multiple facilities to demonstrate common ownership or control for purposes of this subsection.

(2)  Any owner or operator of a facility required to notify or who has notified the commission under s. 302 of EPCRA shall pay a one-time filing fee of $50. Such fee shall be due at the time of initial notification. The fee under this subsection shall not be required for any agricultural facilities with a Standard Industrial Classification Code of 01, 02, or 07 subject to the notification or annual inventory form requirement solely because of the presence of EPCRA listed substances in temporary or portable storage units located at the facility for less than 48 consecutive hours.

(3)  Any owner or operator of a facility with a Standard Industrial Classification Code between 20 and 39 that is required to submit a United States Environmental Protection Agency Form R report to the commission under s. 313 of EPCRA shall pay an annual reporting fee not to exceed $150 per Form R report for those s. 313 EPCRA listed substances in effect on January 1, 1996. The department shall establish by rule the date by which the fee is to be paid, as well as a formula or method of determining the applicable fee under this subsection.

(4)

(a)  The department may assess a late fee for the failure to submit a report that substantially complies with the requirements of EPCRA or s. 252.87 by the specified date or for failure to pay any fee, including any late fee, required by this section. This late fee shall be in addition to the fee otherwise imposed pursuant to this section. If the department elects to impose a late fee, it shall provide the owner or operator with a written notice that identifies the specific requirements which have not been met and advises of its intent to assess a late fee.

(b)  The department may impose a late fee, subject to the limitations set forth below:

1.  If the report or fee is submitted within 30 days after the receipt of the department's notice, no late fee may be assessed.

2.  If the report or fee is not submitted within 30 days after the receipt of the department's notice, the department may impose a late fee in an amount equal to the amount of the annual registration fee, filing fee, or Form R fee due, not to exceed $2,000.

3.  If the report or fee is not submitted within 90 days after the receipt of the department's notice, the department may issue a second notice. If the report or fee is not submitted within 30 days after receipt of the department's second notice, the department may assess a second late fee in an amount equal to twice the amount of the annual registration fee, filing fee, or Form R fee due, not to exceed $4,000.

(5)  The department shall establish by rule the dates by which the fee is to be paid, as well as a formula or method of determining the facility registration fee and late fee.

History.--s. 1, ch. 88-200; s. 1, ch. 90-82; ss. 4, 9, ch. 92-150; ss. 1, 4, ch. 96-308; s. 35, ch. 97-100.

¹Note.--Section 2, ch. 96-308, provides that "[a]ny owner or operator of a facility which is required to register, report and pay fees under Part II of this chapter, but which has not complied as of October 1, 1996, will be granted a waiver of the past due annual fees, if the owner or operator registers and reports between October 1, 1996 and December 31, 1996. This fee waiver only applies to first time, self-reporters and does not apply to facilities that have been noticed by the Department of Community Affairs for failure to report prior to October 1, 1996."