Florida Senate - 2009                                     SB 114
       
       
       
       By Senator Justice
       
       
       
       
       16-00199A-09                                           2009114__
    1                        A bill to be entitled                      
    2         An act relating to site contamination notification;
    3         amending s. 376.30702, F.S.; requiring the Department
    4         of Environmental Protection to provide notice to
    5         certain property owners within a 1-mile radius of
    6         contaminated property; providing an effective date.
    7         
    8  Be It Enacted by the Legislature of the State of Florida:
    9         
   10         Section 1. Subsection (3) of section 376.30702, Florida
   11  Statutes, is amended to read:
   12         376.30702 Contamination notification.—
   13         (3) DEPARTMENT'S NOTICE RESPONSIBILITIES.—
   14         (a) Within 30 days after receiving the actual notice
   15  required pursuant to subsection (2), or within 30 days of the
   16  effective date of this act if the department already possesses
   17  information equivalent to that required by the notice, the
   18  department shall send a copy of such notice, or an equivalent
   19  notification, to all record owners of any real property, other
   20  than the property at which site rehabilitation was initiated
   21  pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
   22  376.30701, at which contamination has been discovered. If the
   23  property at which contamination has been discovered is the site
   24  of a school as defined in s. 1003.01, the department shall also
   25  send a copy of the notice to the chair of the school board of
   26  the district in which the property is located and direct the
   27  said school board to provide actual notice to teachers and
   28  parents or guardians of students attending the school during the
   29  period of site rehabilitation. Along with the copy of the notice
   30  or its equivalent, the department shall include a letter
   31  identifying sources of additional information about the
   32  contamination and a telephone number to which further inquiries
   33  should be directed. The department may collaborate with the
   34  Department of Health to develop such sources of information and
   35  to establish procedures for responding to public inquiries about
   36  health risks associated with contaminated sites.
   37         (b) Within 60 days after receiving the actual notice
   38  required pursuant to subsection (2), the department shall send a
   39  copy of such notice, or an equivalent notification, to all
   40  record owners of any real property, other than the property at
   41  which site rehabilitation was initiated pursuant to s.
   42  376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, within
   43  a 1-mile radius of the property at which contamination has been
   44  discovered or the current location of the contamination. If a
   45  property that lies within the 1-mile radius is the site of a
   46  school as defined in s. 1003.01, the department shall also send
   47  a copy of the notice to the chair of the school board of the
   48  district in which the property is located and direct the school
   49  board to provide actual notice to teachers and parents or
   50  guardians of students attending the school. Along with the copy
   51  of the notice or its equivalent, the department shall include a
   52  letter identifying sources of additional information about the
   53  contamination and a telephone number to which further inquiries
   54  should be directed.
   55         Section 2. This act shall take effect July 1, 2009.