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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    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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    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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