Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 330
Barcode 213346
CHAMBER ACTION
Senate House
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11 Senator Dockery moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 3, line 23 through page 5, line 30, delete
15 those lines
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17 and insert:
18 BOUNDARIES.--If at any time during site rehabilitation
19 conducted pursuant to s. 376.3071(5), s. 376.3078(4), s.
20 376.81, or s. 376.30701 the person responsible for site
21 rehabilitation, the person's authorized agent, or another
22 representative of the person discovers from laboratory
23 analytical results that comply with appropriate quality
24 assurance protocols specified in department rules that
25 contamination as defined in applicable department rules exists
26 in any medium beyond the boundaries of the property at which
27 site rehabilitation was initiated pursuant to s. 376.3071(5),
28 s. 376.3078(4), s. 376.81, or s. 376.30701, the person
29 responsible for site rehabilitation shall give actual notice
30 as soon as possible, but no later than 10 days from such
31 discovery, to the Division of Waste Management at the
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 330
Barcode 213346
1 department's Tallahassee office. The actual notice shall be
2 provided on a form adopted by department rule and mailed by
3 certified mail, return receipt requested. The person
4 responsible for site rehabilitation shall simultaneously mail
5 a copy of such notice to the appropriate department district
6 office, county health department, and all known lessees and
7 tenants of the source property. The notice shall include the
8 following information:
9 (a) The location of the property at which site
10 rehabilitation was initiated pursuant to s. 376.3071(5), s.
11 376.3078(4), s. 376.81, or s. 376.30701 and contact
12 information for the person responsible for site
13 rehabilitation, the person's authorized agent, or another
14 representative of the person.
15 (b) A listing of all record owners of any real
16 property, other than the property at which site rehabilitation
17 was initiated pursuant to s. 376.3071(5), s. 376.3078(4), s.
18 376.81, or s. 376.30701, at which contamination has been
19 discovered; the parcel identification number for any such real
20 property; the owner's address listed in the current county
21 property tax office records; and the owner's telephone number.
22 The requirements of this paragraph do not apply to the notice
23 to known tenants and lessees of the source property.
24 (c) Separate tables by medium, such as groundwater,
25 soil, surface water, or sediment, that list sampling
26 locations; sampling dates; names of contaminants detected
27 above cleanup target levels; their corresponding cleanup
28 target levels; the contaminant concentrations; and whether the
29 cleanup target level is based on health, nuisance,
30 organoleptic, or aesthetic concerns.
31 (d) A vicinity map that shows each sampling location
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 330
Barcode 213346
1 with corresponding laboratory analytical results and the date
2 on which the sample was collected and that identifies the
3 property boundaries of the property at which site
4 rehabilitation was initiated pursuant to s. 376.3071(5), s.
5 376.3078(4), s. 376.81, or s. 376.30701 and the other
6 properties at which contamination has been discovered during
7 such site rehabilitation.
8 (3) DEPARTMENT'S NOTICE RESPONSIBILITIES.--Within 30
9 days after receiving the actual notice required pursuant to
10 subsection (2), or within 30 days of the effective date of
11 this act if the department already possesses information
12 equivalent to that required by the notice, the department
13 shall send a copy of such notice, or an equivalent
14 notification, to all record owners of any real property, other
15 than the property at which site rehabilitation was initiated
16 pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
17 376.30701, at which contamination has been discovered. If the
18 property at which contamination has been discovered is the
19 site of a school as defined in s. 1003.01, the department
20 shall also send a copy of the notice to the chair of the
21 school board of the district in which the property is located
22 and direct said school board to provide actual notice to
23 teachers and parents or guardians of students attending the
24 school during the period of site rehabilitation. Along with
25 the copy of the notice or its equivalent, the department shall
26 include a letter identifying sources of additional information
27 about the contamination and a telephone number to which
28 further inquiries should be directed. The department may
29 collaborate with the Department of Health to develop such
30 sources of information and to establish procedures for
31 responding to public inquiries about health risks associated
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 330
Barcode 213346
1 with contaminated sites.
2 (4) RULEMAKING AUTHORITY.--The department shall adopt
3 rules and forms pursuant to ss. 120.536(1) and 120.54 to
4 implement the requirements of this section.
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8 And the title is amended as follows:
9 On page 1, lines 5 through 23, delete those lines
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11 and insert:
12 376.30702, F.S.; requiring notice when
13 contamination is discovered as a result of site
14 rehabilitation activities; providing
15 requirements for notice; requiring notice when
16 laboratory analytical results demonstrate that
17 contamination exists in any medium beyond the
18 boundaries of the property of the site
19 rehabilitation; providing requirements for
20 notice; providing rulemaking authority;
21 amending ss. 287.0595 and 316.302, F.S.;
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