House Bill hb0989

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    Florida House of Representatives - 2002                 HB 989

        By Representative Ritter






  1                      A bill to be entitled

  2         An act relating to Broward County; amending

  3         chapter 91-355, Laws of Florida; amending the

  4         Broward County Natural Resource Protection Act;

  5         clarifying legislative intent; amending the

  6         definition of pollution; authorizing the Board

  7         of County Commissioners of Broward County to

  8         issue notices of hearing to assess a civil

  9         penalty for violations that are substantial

10         transgressions from the requirements of the

11         code; amending provisions relating to the

12         issuance of citations; providing an effective

13         date.

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

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17         Section 1.  Section 2 of chapter 91-355, Laws of

18  Florida, is amended to read:

19         Section 2.  Declaration of legislative intent.--The

20  Legislature finds and declares that the penalty authority of

21  the Board of County Commissioners of Broward County pursuant

22  to chapter 125, Florida Statutes, may be inadequate for the

23  enforcement of county ordinances and regulations the purpose

24  of which is the protection of the natural resources of the

25  county.  It is the intent and purpose of this act to clarify

26  the authority of the board to impose and recover civil

27  penalties and to issue citations and notices of hearing to

28  assess a civil penalty for violations of the Natural Resource

29  Protection Code.  These powers are necessary in order to

30  effectively enforce standards that will ensure the protection,

31  enhancement, and restoration of the air, water, soil, natural

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    Florida House of Representatives - 2002                 HB 989

    585-169-02






  1  resources, archaeological resources, and animal and plant life

  2  of the county.

  3         Section 2.  Subsection (5) of section 3 of chapter

  4  91-355, Laws of Florida, is amended to read:

  5         Section 3.  Definitions.--As used in this act, the

  6  following terms have the following meanings, unless some other

  7  meaning is plainly indicated:

  8         (5)  "Pollution" means the presence in the air, soil,

  9  ground, or water of the county of any substance, contaminant,

10  noise, or human-induced manmade or artificially induced

11  alteration of the chemical, physical, biological, or

12  radiological integrity of the air, soil, or water in a

13  quantity or at a level that is or may be potentially harmful

14  or injurious to human health or welfare, animal or plant life,

15  or property or that unreasonably interferes with the enjoyment

16  of life or property, including outdoor recreation.

17         Section 3.  Subsection (2) of section 4 of chapter

18  91-355, Laws of Florida, is amended to read:

19         Section 4.  Enforcement; civil penalties.--

20         (2)  Based upon standards set forth in the code, a

21  natural resource enforcement officer shall issue a notice of

22  hearing to assess a civil penalty instead of issuing a

23  citation if he or she has reasonable grounds to believe that

24  the violation causes substantial pollution or degradation to

25  the air, water, soil, natural resources, archaeological

26  resources, or animal or plant life of the county or is a

27  substantial transgression from the requirements of the code.

28  Depending upon the evidence presented at the hearing and the

29  seriousness of the violation, the hearing examiner may assess

30  a civil penalty in an amount that may not exceed $15,000 for

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    Florida House of Representatives - 2002                 HB 989

    585-169-02






  1  each violation.  Each day during any portion of which a

  2  violation occurs constitutes a separate violation.

  3         Section 4.  Subsection (4) of section 5 of chapter

  4  91-355, Laws of Florida, is amended to read:

  5         Section 5.  Issuance of citations.--

  6         (4)  Before issuing a citation, a natural resource

  7  enforcement officer must provide notice to the person that the

  8  person has committed a violation of the code and must

  9  establish a reasonable time period within which the person

10  must correct the violation.  If, upon personal investigation,

11  a natural resource enforcement officer finds that the person

12  has not corrected the violation within the specified time

13  period, the natural resource enforcement officer may issue a

14  citation to the person who committed the violation.  A natural

15  resource enforcement officer need not provide the person with

16  a reasonable time within which to correct the violation before

17  issuing the citation, and may immediately issue the citation,

18  if the natural resource enforcement officer has reason to

19  believe that the violation presents a serious threat to the

20  public health, safety, or welfare, or if the violation is

21  irreparable or irreversible, or if a prior warning has been

22  issued.

23         Section 5.  This act shall take effect upon becoming a

24  law.

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