| 1 | A bill to be entitled |
| 2 | An act relating to onsite sewage treatment and disposal |
| 3 | systems; amending s. 381.0061, F.S.; revising provisions |
| 4 | for administrative actions by the Department of Health for |
| 5 | violations relating to environmental health; increasing |
| 6 | the amount of the administrative fine the department is |
| 7 | authorized to impose for such violations; authorizing the |
| 8 | department to issue citations for violations; providing |
| 9 | requirements for such citations; providing that refusal to |
| 10 | accept such citation constitutes a misdemeanor and is |
| 11 | punishable under the law; requiring funds collected for |
| 12 | violations to be deposited into the County Health |
| 13 | Department Trust Fund; providing requirements for the use |
| 14 | and distribution of such funds; providing alternative |
| 15 | measures to the imposition of fines; providing for |
| 16 | enforcement of noncompliance measures by the department; |
| 17 | authorizing entrance to specified premises under specified |
| 18 | conditions; providing freedom from liability for specified |
| 19 | employees, agents, and consultants; amending s. 381.0065, |
| 20 | F.S.; directing the department to implement a periodic |
| 21 | inspections and pump-out program for onsite sewage |
| 22 | treatment and disposal systems; providing program |
| 23 | procedures and requirements; requiring system owners to |
| 24 | pay a fee for inspections and pump-outs; increasing the |
| 25 | amount of administrative fines the department is |
| 26 | authorized to impose for violations relating to onsite |
| 27 | sewage treatment and disposal systems; creating s. |
| 28 | 381.00656, F.S.; requiring the department to administer a |
| 29 | grant program to assist owners in the repair of specified |
| 30 | onsite sewage treatment and disposal systems; providing |
| 31 | eligibility requirements; authorizing the department to |
| 32 | prioritize applications; requiring the department to adopt |
| 33 | rules; requiring the department to seek to award grants in |
| 34 | each fiscal year to the extent of funds available and |
| 35 | carry forward excess funds; amending s. 381.0066, F.S.; |
| 36 | establishing fees for the filing of onsite sewage |
| 37 | treatment and disposal system inspection reports; |
| 38 | providing for deposit and use of the fees collected; |
| 39 | amending s. 489.557, F.S.; revising the fees for septic |
| 40 | tank contractor and master septic tank contractor |
| 41 | registrations; providing for the distribution and use of |
| 42 | fees collected; creating s. 489.561, F.S.; establishing |
| 43 | the septic tank contractor advisory panel; providing for |
| 44 | panel membership, duties, and reimbursement; reenacting |
| 45 | ss. 381.0072(3)(a) and (5)(a), 381.0086(4), 381.0098(7), |
| 46 | 386.03(2)(d), and 513.10(2), F.S., relating to food |
| 47 | service licenses, migrant farmworker and labor camp |
| 48 | housing, standards for packaging, transport, storage, |
| 49 | treatment, and disposal of biomedical waste, authority of |
| 50 | the Department of Health and local health authorities to |
| 51 | remove sanitary nuisances, and maintaining or operating a |
| 52 | mobile home park, lodging park, recreational vehicle park, |
| 53 | or recreational camp without a permit, respectively, to |
| 54 | incorporate the amendment to s. 381.0061, F.S., in |
| 55 | references thereto; providing an effective date. |
| 56 |
|
| 57 | Be It Enacted by the Legislature of the State of Florida: |
| 58 |
|
| 59 | Section 1. Section 381.0061, Florida Statutes, is amended |
| 60 | to read: |
| 61 | 381.0061 Administrative fines.-- |
| 62 | (1) In addition to any administrative action authorized by |
| 63 | chapter 120 or by other law, the department may impose a fine, |
| 64 | which shall not exceed $5,000 $500 for each violation, for a |
| 65 | violation of s. 381.006(16), s. 381.0065, s. 381.0066, s. |
| 66 | 381.0072, or part III of chapter 489, for a violation of any |
| 67 | rule adopted under this chapter, or for a violation of any of |
| 68 | the provisions of chapter 386. Notice of intent to impose such |
| 69 | fine shall be given by the department to the alleged violator. |
| 70 | Each day that a violation continues may constitute a separate |
| 71 | violation. A violation found on subsequent inspections shall be |
| 72 | presumed to have existed between inspections. |
| 73 | (2)(a) The department may issue citations that may contain |
| 74 | an order of correction or an order to pay a fine, or both, for |
| 75 | any violation for which the department may also impose an |
| 76 | administrative fine; however, the department may only use a |
| 77 | single method of enforcement for each violation. |
| 78 | (b) Citations must be in writing and must describe the |
| 79 | particular nature of the violation, including specific reference |
| 80 | to the provisions of law or rule allegedly violated. |
| 81 | (c) The citing official shall inform the recipient at the |
| 82 | time the citation is issued, by written notice pursuant to ss. |
| 83 | 120.569 and 120.57, of the right to an administrative hearing to |
| 84 | contest the citation. The citation must contain a conspicuous |
| 85 | statement that if the recipient fails to pay the fine within the |
| 86 | time allowed or fails to appear to contest the citation after |
| 87 | having requested a hearing, the recipient has waived the right |
| 88 | to contest the citation. |
| 89 | (d) The department may reduce or waive the fine imposed by |
| 90 | the citation after giving due consideration to such factors as |
| 91 | the gravity of the violation, the person's attempts at |
| 92 | correcting the violation, the recommendation of the septic tank |
| 93 | contractor ethics advisory panel, and the person's history of |
| 94 | previous violations, including violations for which enforcement |
| 95 | actions were taken under this section or other provisions of |
| 96 | state law. |
| 97 | (e) A citation issued under this subsection constitutes a |
| 98 | notice of proposed agency action. Any person who willfully |
| 99 | refuses to sign and accept a citation issued by the department |
| 100 | commits a misdemeanor of the second degree, punishable as |
| 101 | provided in s. 775.082 or s. 775.083 In determining the amount |
| 102 | of fine to be imposed, if any, for a violation, the following |
| 103 | factors shall be considered: |
| 104 | (a) The gravity of the violation, including the |
| 105 | probability that death or serious physical or emotional harm to |
| 106 | any person will result or has resulted, the severity of the |
| 107 | actual or potential harm, and the extent to which the provisions |
| 108 | of the applicable statutes or rules were violated. |
| 109 | (b) Actions taken by the owner or operator to correct |
| 110 | violations. |
| 111 | (c) Any previous violations. |
| 112 | (3) All amounts collected under this section shall be |
| 113 | deposited into the County Health Department Trust Fund to be |
| 114 | used to fund the septic tank contractors advisory panel pursuant |
| 115 | to s. 381.0068. Any remaining funds shall be allocated to the |
| 116 | environmental health program for which the fine was issued for |
| 117 | the purposes of program improvement, training, and staffing as |
| 118 | determined by an appropriate trust fund of the department. |
| 119 | (4) As an alternative to the imposition of a fine, the |
| 120 | department may require attendance of training courses applicable |
| 121 | to the violations committed and the use of best management |
| 122 | practices currently used or recognized by the appropriate |
| 123 | regulated industry or governmental agency. |
| 124 | (5) Department personnel who have reason to believe |
| 125 | noncompliance with requirements specified in s. 381.006(16), s. |
| 126 | 381.0065, s. 381.0066, s. 381.0072, or part III of chapter 489, |
| 127 | or any provisions under chapter 386 exists may, at any |
| 128 | reasonable time, enter the premises permitted under those |
| 129 | sections and chapters to determine compliance with the |
| 130 | requirements specified in this subsection. As used in this |
| 131 | subsection, the term "premises" does not include a residence or |
| 132 | private building. To gain entry to a residence or private |
| 133 | building, the department must obtain permission from the owner |
| 134 | or occupant or secure an inspection warrant from a court of |
| 135 | competent jurisdiction. |
| 136 | (6) In order to perform the requirements of this section, |
| 137 | department employees may go on, over, and upon the lands of |
| 138 | others when necessary and may carry with them any equipment, |
| 139 | agents, consultants, and employees necessary for that purpose. |
| 140 | Entry under the right granted by this subsection does not |
| 141 | constitute trespass, and department employees, agents, and |
| 142 | consultants so entering are not liable to arrest or to a civil |
| 143 | action by reason of such entry. Due care shall be taken to not |
| 144 | destroy, injure, or damage any physical improvements on the |
| 145 | lands of others. Failure of any property owner to comply with |
| 146 | this section shall be considered a violation of this chapter. |
| 147 | Section 2. Subsection (5) of section 381.0065, Florida |
| 148 | Statutes, is redesignated as subsection (6) and reenacted, |
| 149 | paragraph (b) of that subsection is amended, and a new |
| 150 | subsection (5) is added to that section, to read: |
| 151 | 381.0065 Onsite sewage treatment and disposal systems; |
| 152 | regulation.-- |
| 153 | (5) PERIODIC EVALUATIONS.--- |
| 154 | (a) Effective August 1, 2009, the department shall |
| 155 | implement, by rule, a program for periodic inspections and pump |
| 156 | outs of onsite sewage treatment and disposal systems, excluding |
| 157 | those systems that are required to obtain an operation permit. |
| 158 | The program must include a schedule for a 5-year inspection |
| 159 | cycle; a county by county implementation plan phased in over a |
| 160 | 10-year period with first priority given to those areas within |
| 161 | an identified springshed protection area; an enforcement |
| 162 | procedure for failure to inspect and failure to timely report |
| 163 | inspection results to the department and the system owner; and a |
| 164 | conflict of interest provision to prevent an inspector from |
| 165 | conducting repairs associated with any deficiencies found during |
| 166 | an inspection. |
| 167 | (b) The department's Procedure for Voluntary Inspection |
| 168 | and Assessment of Existing Systems shall be applied to |
| 169 | inspections under this subsection, except as otherwise provided. |
| 170 | All inspection procedures used by an inspector must be |
| 171 | documented and nothing in this subsection limits the amount of |
| 172 | detail an inspector may provide at their professional |
| 173 | discretion. The inspection must include a tank inspection, a |
| 174 | drainfield inspection, and a written assessment of the condition |
| 175 | of the system, and, if necessary, a disclosure statement |
| 176 | pursuant to the department's procedure. |
| 177 | (c) If documentation of a tank pumping or of a permitted |
| 178 | new installation, repair, or modification of the system within |
| 179 | the previous 3 years is provided, and such documentation states |
| 180 | the capacity of the tank and indicates that the condition of the |
| 181 | tank is not a sanitary or public health nuisance, the department |
| 182 | and the inspector shall waive the pumping requirements. |
| 183 | (d) Owners are responsible for paying the cost of the |
| 184 | inspection and pump out pursuant to department rule and may not |
| 185 | request partial inspections or the omission of portions of the |
| 186 | inspection. |
| 187 | (e) Persons allowed to perform work under this subsection |
| 188 | are master septic tank contractors, registered septic tank |
| 189 | contractors, state licensed plumbers, and persons certified |
| 190 | under s. 381.0101. |
| 191 | (f) Prior to any inspection, the department must provide a |
| 192 | minimum of 60 days' notice to owners that their system will be |
| 193 | required to be inspected and pumped out. The notice must include |
| 194 | a provision which states that the purpose of the inspection is |
| 195 | to assess the fundamental operational condition of the system |
| 196 | and identify any failure, and not to determine code compliance, |
| 197 | require a complete upgrade or overhaul of a system to meet |
| 198 | current code requirements, or require information demonstrating |
| 199 | that the system will adequately serve the use to be placed upon |
| 200 | it by the current or any subsequent owner. Included with the |
| 201 | notice, the department must provide the owner of the system a |
| 202 | copy of the Procedure for Voluntary Inspection and Assessment of |
| 203 | Existing Systems. |
| 204 | (g) As used in this subsection: |
| 205 | 1. "Failure" means an existing condition within an onsite |
| 206 | sewage treatment and disposal system that prohibits the system |
| 207 | from functioning in a sanitary manner and results in the |
| 208 | discharge of untreated or partially treated wastewater onto |
| 209 | ground surface, into surface waters or groundwaters, or results |
| 210 | in the failure of building plumbing to discharge properly. For |
| 211 | purposes this subsection, a system shall not be deemed in |
| 212 | failure solely because the system does not have the minimum |
| 213 | separation distance between the drainfield and groundwater |
| 214 | table. |
| 215 | 2. "Repair" means replacement of or modifications or |
| 216 | additions to a failing system which are necessary to allow the |
| 217 | system to function in accordance with its design or are |
| 218 | necessary to eliminate a public health or pollution hazard, |
| 219 | including the use of any treatment method that is intended to |
| 220 | improve the functioning of any part of the system or to prolong |
| 221 | or sustain the length of time the system functions, excluding |
| 222 | the: |
| 223 | a. Service or replacement with like kind and quality |
| 224 | mechanical or electrical parts of an approved onsite sewage |
| 225 | treatment and disposal system. |
| 226 | b. Minor structural corrections to a tank or distribution |
| 227 | box. |
| 228 | c. Use of an authorized additive in indoor building |
| 229 | plumbing by the system owner. |
| 230 | d. Removal of the contents of any tank or the installation |
| 231 | of an approved outlet filter device without disturbing the |
| 232 | drainfield. |
| 233 | e. Replacement of any broken tank lid. |
| 234 | f. Splicing of a drip emitter line where no emitter is |
| 235 | eliminated. |
| 236 | (6)(5) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.-- |
| 237 | (b)1. The department may issue citations that may contain |
| 238 | an order of correction or an order to pay a fine, or both, for |
| 239 | violations of ss. 381.0065-381.0067, part I of chapter 386, or |
| 240 | part III of chapter 489 or the rules adopted by the department, |
| 241 | when a violation of these sections or rules is enforceable by an |
| 242 | administrative or civil remedy, or when a violation of these |
| 243 | sections or rules is a misdemeanor of the second degree. A |
| 244 | citation issued under ss. 381.0065-381.0067, part I of chapter |
| 245 | 386, or part III of chapter 489 constitutes a notice of proposed |
| 246 | agency action. |
| 247 | 2. A citation must be in writing and must describe the |
| 248 | particular nature of the violation, including specific reference |
| 249 | to the provisions of law or rule allegedly violated. |
| 250 | 3. The fines imposed by a citation issued by the |
| 251 | department may not exceed $5,000 $500 for each violation. Each |
| 252 | day the violation exists constitutes a separate violation for |
| 253 | which a citation may be issued. |
| 254 | 4. The department shall inform the recipient, by written |
| 255 | notice pursuant to ss. 120.569 and 120.57, of the right to an |
| 256 | administrative hearing to contest the citation within 21 days |
| 257 | after the date the citation is received. The citation must |
| 258 | contain a conspicuous statement that if the recipient fails to |
| 259 | pay the fine within the time allowed, or fails to appear to |
| 260 | contest the citation after having requested a hearing, the |
| 261 | recipient has waived the recipient's right to contest the |
| 262 | citation and must pay an amount up to the maximum fine. |
| 263 | 5. The department may reduce or waive the fine imposed by |
| 264 | the citation. In determining whether to reduce or waive the |
| 265 | fine, the department must consider the gravity of the violation, |
| 266 | the person's attempts at correcting the violation, and the |
| 267 | person's history of previous violations including violations for |
| 268 | which enforcement actions were taken under ss. 381.0065- |
| 269 | 381.0067, part I of chapter 386, part III of chapter 489, or |
| 270 | other provisions of law or rule. |
| 271 | 6. Any person who willfully refuses to sign and accept a |
| 272 | citation issued by the department commits a misdemeanor of the |
| 273 | second degree, punishable as provided in s. 775.082 or s. |
| 274 | 775.083. |
| 275 | 7. The department, pursuant to ss. 381.0065-381.0067, part |
| 276 | I of chapter 386, or part III of chapter 489, shall deposit any |
| 277 | fines it collects in the county health department trust fund for |
| 278 | use in providing services specified in those sections. |
| 279 | 8. This section provides an alternative means of enforcing |
| 280 | ss. 381.0065-381.0067, part I of chapter 386, and part III of |
| 281 | chapter 489. This section does not prohibit the department from |
| 282 | enforcing ss. 381.0065-381.0067, part I of chapter 386, or part |
| 283 | III of chapter 489, or its rules, by any other means. However, |
| 284 | the department must elect to use only a single method of |
| 285 | enforcement for each violation. |
| 286 | Section 3. Section 381.00656, Florida Statutes, is created |
| 287 | to read: |
| 288 | 381.00656 Grant program for repair of onsite sewage |
| 289 | treatment and disposal systems.--The department shall administer |
| 290 | a grant program to assist owners of onsite sewage treatment and |
| 291 | disposal systems that are found to be in violation of s. |
| 292 | 381.0065 or the rules adopted thereunder. Such grants may be |
| 293 | awarded to an owner for the purpose of repairing and bringing |
| 294 | into compliance a system serving a single-family residence |
| 295 | occupied by the owner and where the family occupying the |
| 296 | residence has an income of less than or equal to 200 percent of |
| 297 | the federal poverty level at the time of application. The |
| 298 | department may prioritize applications for an award of grant |
| 299 | funds based upon the severity of a system's noncompliance, its |
| 300 | relative environmental impact, the income of the family, or any |
| 301 | combination thereof. The department shall adopt rules |
| 302 | establishing the grant application and award process, including |
| 303 | an application form. The department shall seek to make grants in |
| 304 | each fiscal year equal to the total amount of grant funds |
| 305 | available, with any excess funds used for grant awards in |
| 306 | subsequent fiscal years. |
| 307 | Section 4. Paragraph (m) is added to subsection (2) of |
| 308 | section 381.0066, Florida Statutes, to read: |
| 309 | 381.0066 Onsite sewage treatment and disposal systems; |
| 310 | fees.-- |
| 311 | (2) The minimum fees in the following fee schedule apply |
| 312 | until changed by rule by the department within the following |
| 313 | limits: |
| 314 | (m) Filing fee for inspection reports pursuant to s. |
| 315 | 381.0065(5): a fee of not less than $75, or more than $150. |
| 316 |
|
| 317 | The funds collected pursuant to this subsection must be |
| 318 | deposited in a trust fund administered by the department, to be |
| 319 | used for the purposes stated in this section and ss. 381.0065 |
| 320 | and 381.00655. |
| 321 | Section 5. Paragraphs (a) and (b) of subsection (1) of |
| 322 | section 489.557, Florida Statutes, is amended to read: |
| 323 | 489.557 Fees, establishment.-- |
| 324 | (1) The department shall, by rule, establish fees as |
| 325 | follows: |
| 326 | (a) For septic tank contractor registration: |
| 327 | 1. Application and examination fee: not less than $25 or |
| 328 | more than $75. |
| 329 | 2. Initial registration fee: not less than $55 $50 or more |
| 330 | than $105 $100. From this fee, $5 shall be used to fund the |
| 331 | septic tank contractor advisory panel established pursuant to s. |
| 332 | 489.561. |
| 333 | 3. Renewal of registration fee: not less than $55 $50 or |
| 334 | more than $105 $100. From this fee, $5 shall be used to fund the |
| 335 | septic tank contractor advisory panel established pursuant to s. |
| 336 | 489.561. |
| 337 | (b) For master septic tank contractor registration: |
| 338 | 1. Application and examination fee: not less than $25 or |
| 339 | more than $75. |
| 340 | 2. Initial registration fee: not less than $55 $50 or more |
| 341 | than $105 $100. From this fee, $5 shall be used to fund the |
| 342 | septic tank contractor advisory panel established pursuant to s. |
| 343 | 489.561. |
| 344 | 3. Renewal of registration fee: not less than $55 $50 or |
| 345 | more than $105 $100. From this fee, $5 shall be used to fund the |
| 346 | septic tank contractor advisory panel established pursuant to s. |
| 347 | 489.561. |
| 348 | Section 6. Section 489.561, Florida Statutes, is created |
| 349 | to read: |
| 350 | 489.561 Septic tank contractor advisory panel.-- |
| 351 | (1) By July 1, 2010, the Department of Health shall |
| 352 | establish and staff an advisory panel to assist the department |
| 353 | in the development and adoption of rules for contractors |
| 354 | licensed under this part. |
| 355 | (2)(a) The panel shall be comprised of two representatives |
| 356 | of the septic tank industry recommended by the Florida Onsite |
| 357 | Wastewater Association; one representative who is a manufacturer |
| 358 | of onsite sewage treatment and disposal systems; one |
| 359 | representative who is a septic tank contractor licensed under |
| 360 | this part; and one representative who is a master septic tank |
| 361 | contractor licensed under this part. |
| 362 | (b) The panel shall select a chair, who shall serve for a |
| 363 | period of no more than 1 consecutive year and who shall direct, |
| 364 | coordinate, and execute the duties of the panel. |
| 365 | (c) The panel shall meet as often as necessary, but no |
| 366 | less than semiannually, to conduct duties as provided in this |
| 367 | section and as requested by the department. The department shall |
| 368 | keep minutes of all meetings of the panel. |
| 369 | (d) Members of the panel shall receive no compensation but |
| 370 | are entitled to reimbursement for per diem and travel expenses, |
| 371 | when requested, in accordance with s. 112.061. |
| 372 | (3) The panel shall hear allegations of ethical misconduct |
| 373 | of contractors licensed under this part and make recommendations |
| 374 | for disciplinary action to the department. The panel shall also |
| 375 | hear appeals for certificate of registration denial, revocation, |
| 376 | or suspension resulting from ethical misconduct and shall advise |
| 377 | the department as to the disposition of such appeals. |
| 378 | (4) Nothing in this section shall be construed to impair |
| 379 | the department's authority pursuant to s. 381.0065. |
| 380 | Section 7. For the purpose of incorporating the amendment |
| 381 | made by this act to section 381.0061, Florida Statutes, in |
| 382 | references thereto, paragraph (a) of subsection (3) and |
| 383 | paragraph (a) of subsection (5) of section 381.0072, Florida |
| 384 | Statutes, are reenacted to read: |
| 385 | 381.0072 Food service protection.--It shall be the duty of |
| 386 | the Department of Health to adopt and enforce sanitation rules |
| 387 | consistent with law to ensure the protection of the public from |
| 388 | food-borne illness. These rules shall provide the standards and |
| 389 | requirements for the storage, preparation, serving, or display |
| 390 | of food in food service establishments as defined in this |
| 391 | section and which are not permitted or licensed under chapter |
| 392 | 500 or chapter 509. |
| 393 | (3) LICENSES REQUIRED.-- |
| 394 | (a) Licenses; annual renewals.--Each food service |
| 395 | establishment regulated under this section shall obtain a |
| 396 | license from the department annually. Food service establishment |
| 397 | licenses shall expire annually and are not transferable from one |
| 398 | place or individual to another. However, those facilities |
| 399 | licensed by the department's Office of Licensure and |
| 400 | Certification, the Child Care Services Program Office, or the |
| 401 | Agency for Persons with Disabilities are exempt from this |
| 402 | subsection. It shall be a misdemeanor of the second degree, |
| 403 | punishable as provided in s. 381.0061, s. 775.082, or s. |
| 404 | 775.083, for such an establishment to operate without this |
| 405 | license. The department may refuse a license, or a renewal |
| 406 | thereof, to any establishment that is not constructed or |
| 407 | maintained in accordance with law and with the rules of the |
| 408 | department. Annual application for renewal is not required. |
| 409 | (5) FINES; SUSPENSION OR REVOCATION OF LICENSES; |
| 410 | PROCEDURE.-- |
| 411 | (a) The department may impose fines against the |
| 412 | establishment or operator regulated under this section for |
| 413 | violations of sanitary standards, in accordance with s. |
| 414 | 381.0061. All amounts collected shall be deposited to the credit |
| 415 | of the County Health Department Trust Fund administered by the |
| 416 | department. |
| 417 | Section 8. For the purpose of incorporating the amendment |
| 418 | made by this act to section 381.0061, Florida Statutes, in a |
| 419 | reference thereto, subsection (4) of section 381.0086, Florida |
| 420 | Statutes, is reenacted to read: |
| 421 | 381.0086 Rules; variances; penalties.-- |
| 422 | (4) A person who violates any provision of ss. 381.008- |
| 423 | 381.00895 or rules adopted under such sections is subject either |
| 424 | to the penalties provided in ss. 381.0012, 381.0025, and |
| 425 | 381.0061 or to the penalties provided in s. 381.0087. |
| 426 | Section 9. For the purpose of incorporating the amendment |
| 427 | made by this act to section 381.0061, Florida Statutes, in a |
| 428 | reference thereto, subsection (7) of section 381.0098, Florida |
| 429 | Statutes, is reenacted to read: |
| 430 | 381.0098 Biomedical waste.-- |
| 431 | (7) ENFORCEMENT AND PENALTIES.--Any person or public body |
| 432 | in violation of this section or rules adopted under this section |
| 433 | is subject to penalties provided in ss. 381.0012, 381.0025, and |
| 434 | 381.0061. However, an administrative fine not to exceed $2,500 |
| 435 | may be imposed for each day such person or public body is in |
| 436 | violation of this section. The department may deny, suspend, or |
| 437 | revoke any biomedical waste permit or registration if the |
| 438 | permittee violates this section, any rule adopted under this |
| 439 | section, or any lawful order of the department. |
| 440 | Section 10. For the purpose of incorporating the amendment |
| 441 | made by this act to section 381.0061, Florida Statutes, in a |
| 442 | reference thereto, paragraph (d) of subsection (2) of section |
| 443 | 386.03, Florida Statutes, is reenacted to read: |
| 444 | 386.03 Notice to remove nuisances; authority of Department |
| 445 | of Health and local health authorities.-- |
| 446 | (2) If the sanitary nuisance condition is not removed by |
| 447 | such person or persons within the time prescribed in said |
| 448 | notice, the department, its agents or deputies or local health |
| 449 | authorities, may within the county where the nuisance exists, |
| 450 | remove, cause to remove, or prevent the continuing sanitary |
| 451 | nuisance condition in the following manner: |
| 452 | (d) Institute administrative proceedings authorized by the |
| 453 | department as set forth in s. 381.0061. |
| 454 | Section 11. For the purpose of incorporating the amendment |
| 455 | made by this act to section 381.0061, Florida Statutes, in a |
| 456 | reference thereto, subsection (2) of section 513.10, Florida |
| 457 | Statutes, is reenacted to read: |
| 458 | 513.10 Operating without permit; enforcement of chapter; |
| 459 | penalties.-- |
| 460 | (2) This chapter or rules adopted under this chapter may |
| 461 | be enforced in the manner provided in s. 381.0012 and as |
| 462 | provided in this chapter. Violations of this chapter and the |
| 463 | rules adopted under this chapter are subject to the penalties |
| 464 | provided in this chapter and in ss. 381.0025 and 381.0061. |
| 465 | Section 12. This act shall take effect July 1, 2009. |