HB 1531 2003
1	A bill to be entitled
2	An act relating to environmental permitting; amending s.
3	403.087, F.S.; revising requirements with respect to the
4	revocation of a permit issued under the act if the
5	Department of Environmental Protection finds that the
6	permitholder acted intentionally under certain
7	circumstances; amending s. 403.121, F.S.; providing for
8	the future denial of operation or construction permits
9	under certain circumstances; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1. Subsection (7) of section 403.087, Florida
14	Statutes, is amended to read:
15	403.087 Permits; general issuance; denial; revocation;
16	prohibition; penalty.--
17	(7) A permit issued pursuant to this section shall not
18	become a vested right in the permittee. The department may
19	revoke any permit issued by it if it finds that the permitholder
20	intentionally:
21	(a) Has submitted false or inaccurate information in his
22	or her application;
23	(b) Has violated law, department orders, rules, or
24	regulations, or permit conditions, and has refused to correct or
25	cure such violations when requested to do so;
26	(c) Has failed to submit operational reports or other
27	information required by department rule or regulation and has
28	refused to submit such reports or information when requested to
29	do so; or
30	(d) Has refused lawful inspection under s. 403.091.
31	Section 2. Subsection (13) is added to section 403.121,
32	Florida Statutes, to read:
33	403.121 Enforcement; procedure; remedies.--The department
34	shall have the following judicial and administrative remedies
35	available to it for violations of this chapter, as specified in
36	s. 403.161(1).
37	(13) In the exercise of its enforcement authority, the
38	department may timely notify a violator upon the commission of
39	an environmental crime of the willful and knowing violation of
40	an environmental statute or regulation resulting in significant
41	and actual harm to humans, that such violation may be the basis
42	for future denial of operation or construction permits for which
43	the violator may apply. If it so notifies the violator, the
44	department may deny applications filed by the violator for
45	future operation or construction permits, but only if the
46	violator has failed to satisfy an adjudicated final judgment or
47	final order of the department and demonstrates an inability or
48	unwillingness to comply with departmental statutory or regulator
49	criteria. A violator who is notified that future permits may be
50	denied due to a particular noncompliance event shall be given a
51	reasonable opportunity to rehabilitate its behavior and
52	eliminate this basis for denial by implementation of an
53	environmental management system or other training, education,
54	and personal modifications after consultation with the
55	department.
56	Section 3. This act shall take effect upon becoming a law.