Senate Bill 1336er

    ENROLLED

    1998 Legislature                                       SB 1336



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  2         An act relating to rulemaking authority with

  3         respect to asbestos removal (RAB); amending s.

  4         376.60, F.S.; authorizing the Department of

  5         Environmental Protection to establish a fee

  6         schedule by rule; providing an effective date.

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

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10         Section 1.  Section 376.60, Florida Statutes, is

11  amended to read:

12         376.60  Asbestos removal program inspection and

13  notification fee.--The Department of Environmental Protection

14  shall charge an inspection and notification fee, not to exceed

15  $300 for a small business as defined in s. 288.703(1), or

16  $1,000 for any other project, for any asbestos removal

17  project. The department may establish a fee schedule by rule.

18  Schools, colleges, universities, residential dwellings, and

19  those persons otherwise exempted from licensure under s.

20  469.004(7) are exempt from the fees. Any fee collected must be

21  deposited in the asbestos program account in the Air Pollution

22  Control Trust Fund to be used by the department to administer

23  its asbestos removal program.

24         (1)  In those counties with approved local air

25  pollution control programs, the department shall return 80

26  percent of the asbestos removal program inspection and

27  notification fees collected in that county to the local

28  government quarterly, if the county requests it.

29         (2)  The fees returned to a county under subsection (1)

30  must be used only for asbestos-related program activities.

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CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    1998 Legislature                                       SB 1336



  1         (3)  A county may not levy any additional fees for

  2  asbestos removal activity while it receives fees under

  3  subsection (1).

  4         (4)  If a county has requested reimbursement under

  5  subsection (1), the department shall reimburse the approved

  6  local air pollution control program with 80 percent of the

  7  fees collected in the county retroactive to July 1, 1994, for

  8  asbestos-related program activities.

  9         (5)  If an approved local air pollution control program

10  that is providing asbestos notification and inspection

11  services according to 40 C.F.R. part 61, subpart M, and is

12  collecting fees sufficient to support the requirements of 40

13  C.F.R. part 61, subpart M, opts not to receive the

14  state-generated asbestos notification fees, the state may

15  discontinue collection of the state asbestos notification fees

16  in that county.

17         Section 2.  This act shall take effect upon becoming a

18  law.

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