Florida Senate - 2017 SENATOR AMENDMENT Bill No. CS for CS for SB 1018 Ì856958fÎ856958 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 04/28/2017 03:04 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Galvano moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 68 - 214 4 and insert: 5 403.077 Public 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: 71 403.078 Effect 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