SENATE AMENDMENT
Bill No. CS for SB 476
Amendment No. 4 Barcode 352286
CHAMBER ACTION
Senate House
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11 The Committee on Finance and Taxation recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 On page 9, between lines 17 & 18,
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17 insert:
18 Section 3. Subsection (1) of section 381.0061, Florida
19 Statutes, is amended to read:
20 381.0061 Administrative fines.--
21 (1) In addition to any administrative action
22 authorized by chapter 120 or by other law, the department may
23 impose a fine, which shall not exceed $500 for each violation,
24 for a violation of s. 381.006(16), s. 381.0065, s. 381.0066,
25 s. 381.0069, s. 381.0072, or part III of chapter 489, for a
26 violation of any rule adopted under this chapter, or for a
27 violation of any of the provisions of chapter 386. Notice of
28 intent to impose such fine shall be given by the department to
29 the alleged violator. Each day that a violation continues may
30 constitute a separate violation.
31 Section 4. Subsection (5) of section 381.0065, Florida
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SENATE AMENDMENT
Bill No. CS for SB 476
Amendment No. 4 Barcode 352286
1 Statutes, is amended to read:
2 381.0065 Onsite sewage treatment and disposal systems;
3 regulation.--
4 (5) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.--
5 (a) Department personnel who have reason to believe
6 noncompliance exists, may at any reasonable time, enter the
7 premises permitted under ss. 381.0065-381.0066, or the
8 business premises of any septic tank contractor or master
9 septic tank contractor registered under part III of chapter
10 489, or the business premises of any portable restroom
11 contractor registered under s. 381.0069, or any premises that
12 the department has reason to believe is being operated or
13 maintained not in compliance, to determine compliance with the
14 provisions of this section, part I of chapter 386, or part III
15 of chapter 489 or rules or standards adopted under ss.
16 381.0065-381.0067, s. 381.0069, part I of chapter 386, or part
17 III of chapter 489. As used in this paragraph, the term
18 "premises" does not include a residence or private building.
19 To gain entry to a residence or private building, the
20 department must obtain permission from the owner or occupant
21 or secure an inspection warrant from a court of competent
22 jurisdiction.
23 (b)1. The department may issue citations that may
24 contain an order of correction or an order to pay a fine, or
25 both, for violations of ss. 381.0065-381.0067, s. 381.0069,
26 part I of chapter 386, or part III of chapter 489 or the rules
27 adopted by the department, when a violation of these sections
28 or rules is enforceable by an administrative or civil remedy,
29 or when a violation of these sections or rules is a
30 misdemeanor of the second degree. A citation issued under ss.
31 381.0065-381.0067, s. 381.0069, part I of chapter 386, or part
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SENATE AMENDMENT
Bill No. CS for SB 476
Amendment No. 4 Barcode 352286
1 III of chapter 489 constitutes a notice of proposed agency
2 action.
3 2. A citation must be in writing and must describe the
4 particular nature of the violation, including specific
5 reference to the provisions of law or rule allegedly violated.
6 3. The fines imposed by a citation issued by the
7 department may not exceed $500 for each violation. Each day
8 the violation exists constitutes a separate violation for
9 which a citation may be issued.
10 4. The department shall inform the recipient, by
11 written notice pursuant to ss. 120.569 and 120.57, of the
12 right to an administrative hearing to contest the citation
13 within 21 days after the date the citation is received. The
14 citation must contain a conspicuous statement that if the
15 recipient fails to pay the fine within the time allowed, or
16 fails to appear to contest the citation after having requested
17 a hearing, the recipient has waived the recipient's right to
18 contest the citation and must pay an amount up to the maximum
19 fine.
20 5. The department may reduce or waive the fine imposed
21 by the citation. In determining whether to reduce or waive the
22 fine, the department must consider the gravity of the
23 violation, the person's attempts at correcting the violation,
24 and the person's history of previous violations including
25 violations for which enforcement actions were taken under ss.
26 381.0065-381.0067, part I of chapter 386, part III of chapter
27 489, or other provisions of law or rule.
28 6. Any person who willfully refuses to sign and accept
29 a citation issued by the department commits a misdemeanor of
30 the second degree, punishable as provided in s. 775.082 or s.
31 775.083.
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SENATE AMENDMENT
Bill No. CS for SB 476
Amendment No. 4 Barcode 352286
1 7. The department, pursuant to ss. 381.0065-381.0067,
2 part I of chapter 386, or part III of chapter 489, shall
3 deposit any fines it collects in the county health department
4 trust fund for use in providing services specified in those
5 sections.
6 8. This section provides an alternative means of
7 enforcing ss. 381.0065-381.0067, part I of chapter 386, and
8 part III of chapter 489. This section does not prohibit the
9 department from enforcing ss. 381.0065-381.0067, part I of
10 chapter 386, or part III of chapter 489, or its rules, by any
11 other means. However, the department must elect to use only a
12 single method of enforcement for each violation.
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14 (Redesignate subsequent sections.)
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17 ================ T I T L E A M E N D M E N T ===============
18 And the title is amended as follows:
19 On page 1, line 19, after the semicolon ";"
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21 insert:
22 amending s. 381.0061, F.S.; providing for
23 administrative fines for violation of s.
24 381.0069; amending s. 381.0065, F.S.; providing
25 for enforcement of the provisions of s.
26 381.0069, by the department;
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