Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1018
       
       
       
       
       
       
                                Ì856958fÎ856958                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/28/2017 03:04 PM       .                                
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       Senator Galvano moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 68 - 214
    4  and insert:
    5         403.077Public notification of pollution.—
    6         (1)DEFINITION.—As used in this section, the term
    7  “reportable pollution release” means the release or discharge of
    8  a substance from an installation to the air, land, or waters of
    9  the state which is discovered by the owner or operator of the
   10  installation, which is not authorized by law, and which is
   11  reportable to the State Watch Office within the Division of
   12  Emergency Management pursuant to any department rule, permit,
   13  order, or variance.
   14         (2)OWNER AND OPERATOR RESPONSIBILITIES.—
   15         (a)In the event of a reportable pollution release, an
   16  owner or operator of the installation at which the reportable
   17  pollution release occurs must provide to the department
   18  information reported to the State Watch Office within the
   19  Division of Emergency Management pursuant to any department
   20  rule, permit, order, or variance, within 24 hours after the
   21  owner’s or operator’s discovery of such reportable pollution
   22  release.
   23         (b)If multiple parties are subject to the notification
   24  requirements based on a single reportable pollution release, a
   25  single notification made by one party in accordance with this
   26  section constitutes compliance on behalf of all parties subject
   27  to the requirement. However, if the notification is not made in
   28  accordance with this section, the department may pursue
   29  enforcement against all parties subject to the requirement.
   30         (c)If, after providing notice pursuant to paragraph (a),
   31  the owner or operator of the installation determines that a
   32  reportable pollution release did not occur or that an amendment
   33  to the notice is warranted, the owner or operator may submit a
   34  letter to the department documenting such determination.
   35         (d)If, after providing notice pursuant to paragraph (a),
   36  the installation owner or operator discovers that a reportable
   37  pollution release has migrated outside the property boundaries
   38  of the installation, the owner or operator must provide an
   39  additional notice to the department that the release has
   40  migrated outside the property boundaries within 24 hours after
   41  its discovery of the migration outside of the property
   42  boundaries.
   43         (3)DEPARTMENT RESPONSIBILITIES.—
   44         (a)The department shall publish on a website accessible to
   45  the public all notices submitted by an owner or operator
   46  pursuant to subsection (2) within 24 hours after receipt.
   47         (b)The department shall create an electronic mailing list
   48  for such notices and allow the public, including local
   49  governments, health departments, news media, and other
   50  interested persons, to subscribe to and receive periodic direct
   51  announcement of any notices submitted pursuant to subsection
   52  (2). The department shall establish regional electronic mailing
   53  lists, such as by county or district boundaries, to allow
   54  subscribers to determine the notices they wish to receive by
   55  geographic area.
   56         (c)The department shall establish an e-mail address and an
   57  online form as options for owners and operators to provide the
   58  notice specified in subsection (2). The online form may not
   59  require the submission of information in addition to what is
   60  required for submission pursuant to paragraph (2)(a).
   61         (d)The department shall adopt rules necessary to implement
   62  the requirements of this subsection.
   63         (4)ADMISSION OF LIABILITY OR HARM.Providing notice under
   64  subsection (2) does not constitute an admission of liability or
   65  harm.
   66         (5)VIOLATIONS.—Failure to provide the notification
   67  required by subsection (2) shall subject the owner or operator
   68  to the civil penalties specified in s. 403.121.
   69         Section 3. Section 403.078, Florida Statutes, is created to
   70  read:
   71         403.078Effect on other law.—The Public Notice of Pollution
   72  Act does not alter or affect the emergency management
   73  responsibilities of the Governor, the Division of Emergency
   74  Management, or the governing body of any political subdivision
   75  of the state pursuant to chapter 252.
   76         Section 4. Paragraph (e) is added to subsection (1) of
   77  section 403.161, Florida Statues, to read:
   78         403.161 Prohibitions, violation, penalty, intent.—
   79         (1) It shall be a violation of this chapter, and it shall
   80  be prohibited for any person:
   81         (e)To fail to provide required notice pursuant to s.
   82  403.077.
   83         Section 5. Section 14.2016, Florida Statutes, is amended to
   84  read:
   85         14.2016 Division of Emergency Management.—
   86         (1) The Division of Emergency Management is established
   87  within the Executive Office of the Governor. The division shall
   88  be a separate budget entity, as provided in the General
   89  Appropriations Act and shall prepare and submit a budget request
   90  in accordance with chapter 216. The division shall be
   91  responsible for all professional, technical, and administrative
   92  support functions necessary to carry out its responsibilities
   93  under part I of chapter 252. The director of the division shall
   94  be appointed by and serve at the pleasure of the Governor and
   95  shall be the head of the division for all purposes. The division
   96  shall administer programs to rapidly apply all available aid to
   97  communities stricken by an emergency as defined in s. 252.34
   98  and, for this purpose, shall provide liaison with federal
   99  agencies and other public and private agencies.
  100         (2)The State Watch Office is established within the
  101  Division of Emergency Management.
  102         (a)The primary purpose of the office is to record,
  103  analyze, and share information with federal, state, and county
  104  entities for appropriate response to emergencies.
  105         (b)The office is not a dispatch center, but a
  106  clearinghouse of information to be shared with other
  107  governmental entities that can independently act within their
  108  own authority and protocols.
  109  
  110  ================= T I T L E  A M E N D M E N T ================
  111  And the title is amended as follows:
  112         Delete lines 4 - 29
  113  and insert:
  114         F.S.; defining the term “reportable pollution
  115         release”; requiring an owner or operator of an
  116         installation at which a reportable pollution release
  117         occurred to provide certain information to the
  118         department within 24 hours after the discovery of the
  119         release; authorizing multiple parties to submit one
  120         notification under certain circumstances; authorizing
  121         the owner or operator to amend notices; requiring the
  122         owner or operator to make additional notice upon
  123         discovery of the release migrating outside of
  124         installation boundaries; requiring the department to
  125         publish such information in a specified manner;
  126         requiring the department to establish an electronic
  127         mailing list; requiring the department to provide a
  128         reporting form and e-mail address for such notice;
  129         specifying that providing a notice does not constitute
  130         an admission of liability or harm; specifying
  131         penalties for violations; requiring the department to
  132         adopt rules; creating s. 403.078, F.S.; specifying
  133         that the act does not alter certain emergency
  134         responsibilities pursuant to ch. 252, F.S.; amending
  135         s. 403.161, F.S.; specifying penalties; amending s.
  136         14.2016, F.S.; creating the State Watch Office within
  137         the Division of Emergency Management; specifying the
  138         purpose of the office; amending s. 376.3071, F.S.;
  139         providing