Senate Bill sb2422
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Florida Senate - 2003 SB 2422
By Senator Saunders
37-1607-03
1 A bill to be entitled
2 An act relating to environmental control;
3 amending s. 403.087, F.S.; amending grounds
4 upon which the Department of Environmental
5 Protection may revoke a permit; amending s.
6 403.121, F.S.; providing that the department
7 may deny operation or construction permits to
8 certain violators who have not satisfied an
9 adjudicated final judgment or a final order of
10 the department; providing an effective date.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Subsection (7) of section 403.087, Florida
15 Statutes, is amended to read:
16 403.087 Permits; general issuance; denial; revocation;
17 prohibition; penalty.--
18 (7) A permit issued pursuant to this section shall not
19 become a vested right in the permittee. The department may
20 revoke any permit issued by it if it finds that the
21 permitholder intentionally:
22 (a) Has submitted false or inaccurate information in
23 his or her application;
24 (b) Has violated law, department orders, rules, or
25 regulations, or permit conditions and has refused to correct
26 or cure such violations when requested to do so;
27 (c) Has failed to submit operational reports or other
28 information required by department rule or regulation and has
29 refused to submit such reports or information when requested
30 to do so; or
31 (d) Has refused lawful inspection under s. 403.091.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 2422
37-1607-03
1 Section 2. Subsection (13) is added to section
2 403.121, Florida Statutes, to read:
3 403.121 Enforcement; procedure; remedies.--The
4 department shall have the following judicial and
5 administrative remedies available to it for violations of this
6 chapter, as specified in s. 403.161(1).
7 (13) In the exercise of its enforcement authority, the
8 department may timely notify a violator that has committed an
9 environmental crime or has willfully and knowingly violated an
10 environmental statute or regulation, which crime or violation
11 has resulted in significant and actual harm to human beings,
12 that such a violation may be the grounds for denying future
13 operation or construction permits for which the violator
14 applies. After notice to the violator, the department may deny
15 applications filed by the violator for future operation or
16 construction permits, but only if the violator has failed to
17 satisfy an adjudicated final judgment or a final order of the
18 department and demonstrates an inability or unwillingness to
19 comply with laws administered and rules adopted by the
20 department. If a violator has been notified that applications
21 for future permits may be denied as provided in this
22 subsection, the violator must be given a reasonable
23 opportunity to rehabilitate its behavior and eliminate this
24 basis for denial by implementing an environmental management
25 system or making other modifications in its training,
26 education, or personnel management, after consulting with the
27 department.
28 Section 3. This act shall take effect July 1, 2003.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 2422
37-1607-03
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2 SENATE SUMMARY
3 Provides grounds upon which the Department of
Environmental Protection may deny operation or
4 construction permits. Provides that the department may
revoke permits for certain intentional violations.
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