Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1450
       
       
       
       
       
       
                                Ì255866RÎ255866                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/19/2020           .                                
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       Appropriations Subcommittee on Criminal and Civil Justice
       (Gruters) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) of section 161.054, Florida
    6  Statutes, is amended to read:
    7         161.054 Administrative fines; liability for damage; liens.—
    8         (1) In addition to the penalties provided for in ss.
    9  161.052, 161.053, and 161.121, any person, firm, corporation, or
   10  governmental agency, or agent thereof, refusing to comply with
   11  or willfully violating any of the provisions of s. 161.041, s.
   12  161.052, or s. 161.053, or any rule or order prescribed by the
   13  department thereunder, shall incur a fine for each offense in an
   14  amount up to $15,000 $10,000 to be fixed, imposed, and collected
   15  by the department. Each day during any portion of which such
   16  violation occurs constitutes a separate offense.
   17         Section 2. Subsection (7) of section 258.397, Florida
   18  Statutes, is amended to read:
   19         258.397 Biscayne Bay Aquatic Preserve.—
   20         (7) ENFORCEMENT.—The provisions of This section may be
   21  enforced in accordance with the provisions of s. 403.412. In
   22  addition, the Department of Legal Affairs may is authorized to
   23  bring an action for civil penalties of $7,500 $5,000 per day
   24  against any person, natural or corporate, who violates the
   25  provisions of this section or any rule or regulation issued
   26  hereunder. Each day during any portion of which such violation
   27  occurs constitutes a separate offense. Enforcement of applicable
   28  state regulations shall be supplemented by the Miami-Dade County
   29  Department of Environmental Resources Management through the
   30  creation of a full-time enforcement presence along the Miami
   31  River.
   32         Section 3. Section 258.46, Florida Statutes, is amended to
   33  read:
   34         258.46 Enforcement; violations; penalty.—The provisions of
   35  This act may be enforced by the Board of Trustees of the
   36  Internal Improvement Trust Fund or in accordance with the
   37  provisions of s. 403.412. However, any violation by any person,
   38  natural or corporate, of the provisions of this act or any rule
   39  or regulation issued hereunder is shall be further punishable by
   40  a civil penalty of not less than $750 $500 per day or more than
   41  $7,500 $5,000 per day of such violation. Each day during any
   42  portion of which such violation occurs constitutes a separate
   43  offense.
   44         Section 4. Subsections (5) and (7) of section 373.129,
   45  Florida Statutes, are amended to read:
   46         373.129 Maintenance of actions.—The department, the
   47  governing board of any water management district, any local
   48  board, or a local government to which authority has been
   49  delegated pursuant to s. 373.103(8), is authorized to commence
   50  and maintain proper and necessary actions and proceedings in any
   51  court of competent jurisdiction for any of the following
   52  purposes:
   53         (5) To recover a civil penalty for each offense in an
   54  amount not to exceed $15,000 $10,000 per offense. Each date
   55  during which such violation occurs constitutes a separate
   56  offense.
   57         (a) A civil penalty recovered by a water management
   58  district pursuant to this subsection shall be retained and used
   59  exclusively by the water management district that collected the
   60  money. A civil penalty recovered by the department pursuant to
   61  this subsection must be deposited into the Water Quality
   62  Assurance Trust Fund established under s. 376.307.
   63         (b) A local government that is delegated authority pursuant
   64  to s. 373.103(8) may deposit a civil penalty recovered pursuant
   65  to this subsection into a local water pollution control program
   66  trust fund, notwithstanding the provisions of paragraph (a).
   67  However, civil penalties that are deposited in a local water
   68  pollution control program trust fund and that are recovered for
   69  violations of state water quality standards may be used only to
   70  restore water quality in the area that was the subject of the
   71  action, and civil penalties that are deposited in a local water
   72  pollution control program trust fund and that are recovered for
   73  violation of requirements relating to water quantity may be used
   74  only to purchase lands and make capital improvements associated
   75  with surface water management, or other purposes consistent with
   76  the requirements of this chapter for the management and storage
   77  of surface water.
   78         (7) To enforce the provisions of part IV of this chapter in
   79  the same manner and to the same extent as provided in ss.
   80  373.430, 403.121(1) and (2), 403.131, 403.141, and 403.161.
   81         Section 5. Subsection (3) of section 373.209, Florida
   82  Statutes, is amended to read:
   83         373.209 Artesian wells; penalties for violation.—
   84         (3) Any person who violates any provision of this section
   85  is shall be subject to either:
   86         (a) The remedial measures provided for in s. 373.436; or
   87         (b) A civil penalty of $150 $100 a day for each and every
   88  day of such violation and for each and every act of violation.
   89  The civil penalty may be recovered by the water management board
   90  of the water management district in which the well is located or
   91  by the department in a suit in a court of competent jurisdiction
   92  in the county where the defendant resides, in the county of
   93  residence of any defendant if there is more than one defendant,
   94  or in the county where the violation took place. The place of
   95  suit shall be selected by the board or department, and the suit,
   96  by direction of the board or department, shall be instituted and
   97  conducted in the name of the board or department by appropriate
   98  counsel. The payment of any such damages does not impair or
   99  abridge any cause of action which any person may have against
  100  the person violating any provision of this section.
  101         Section 6. Subsections (2) through (5) of section 373.430,
  102  Florida Statutes, are amended to read:
  103         373.430 Prohibitions, violation, penalty, intent.—
  104         (2) A person who Whoever commits a violation specified in
  105  subsection (1) is liable for any damage caused and for civil
  106  penalties as provided in s. 373.129.
  107         (3) A Any person who willfully commits a violation
  108  specified in paragraph (1)(a) commits is guilty of a felony of
  109  the third degree, punishable as provided in ss. 775.082(3)(e)
  110  and 775.083(1)(g), by a fine of not more than $50,000 or by
  111  imprisonment for 5 years, or by both, for each offense. Each day
  112  during any portion of which such violation occurs constitutes a
  113  separate offense.
  114         (4) A Any person who commits a violation specified in
  115  paragraph (1)(a) or paragraph (1)(b) due to reckless
  116  indifference or gross careless disregard commits is guilty of a
  117  misdemeanor of the second degree, punishable as provided in ss.
  118  775.082(4)(b) and 775.083(1)(g), by a fine of not more than
  119  $10,000 $5,000 or 60 days in jail, or by both, for each offense.
  120         (5) A Any person who willfully commits a violation
  121  specified in paragraph (1)(b) or who commits a violation
  122  specified in paragraph (1)(c) commits is guilty of a misdemeanor
  123  of the first degree, punishable as provided in ss. 775.082(4)(a)
  124  and 775.083(1)(g), by a fine of not more than $10,000 or by 6
  125  months in jail, or by both, for each offense.
  126         Section 7. Paragraphs (a) and (e) of subsection (5) of
  127  section 376.065, Florida Statutes, are amended to read:
  128         376.065 Operation of terminal facility without discharge
  129  prevention and response certificate prohibited; penalty.—
  130         (5)(a) A person who violates this section or the terms and
  131  requirements of such certification commits a noncriminal
  132  infraction. The civil penalty for any such infraction shall be
  133  $750 $500, except as otherwise provided in this section.
  134         (e) A person who elects to appear before the county court
  135  or who is required to so appear waives the limitations of the
  136  civil penalty specified in paragraph (a). The court, after a
  137  hearing, shall make a determination as to whether an infraction
  138  has been committed. If the commission of the infraction is
  139  proved, the court shall impose a civil penalty of $750 $500.
  140         Section 8. Paragraphs (a) and (e) of subsection (2) of
  141  section 376.071, Florida Statutes, are amended to read:
  142         376.071 Discharge contingency plan for vessels.—
  143         (2)(a) A master of a vessel that violates subsection (1)
  144  commits a noncriminal infraction and shall be cited for such
  145  infraction. The civil penalty for such an infraction shall be
  146  $7,500 $5,000, except as otherwise provided in this subsection.
  147         (e) A person who elects to appear before the county court
  148  or who is required to appear waives the limitations of the civil
  149  penalty specified in paragraph (a). The court, after a hearing,
  150  shall make a determination as to whether an infraction has been
  151  committed. If the commission of the infraction is proved, the
  152  court shall impose a civil penalty of $7,500 $5,000.
  153         Section 9. Section 376.16, Florida Statutes, is amended to
  154  read:
  155         376.16 Enforcement and penalties.—
  156         (1) It is unlawful for any person to violate any provision
  157  of ss. 376.011-376.21 or any rule or order of the department
  158  made pursuant to this act. A violation is shall be punishable by
  159  a civil penalty of up to $75,000 $50,000 per violation per day
  160  to be assessed by the department. Each day during any portion of
  161  which the violation occurs constitutes a separate offense. The
  162  penalty provisions of this subsection do shall not apply to any
  163  discharge promptly reported and removed by a person responsible,
  164  in accordance with the rules and orders of the department, or to
  165  any discharge of pollutants equal to or less than 5 gallons.
  166         (2) In addition to the penalty provisions which may apply
  167  under subsection (1), a person responsible for two or more
  168  discharges of any pollutant reported pursuant to s. 376.12
  169  within a 12-month period at the same facility commits a
  170  noncriminal infraction and shall be cited by the department for
  171  such infraction.
  172         (a) For discharges of gasoline or diesel over 5 gallons,
  173  the civil penalty for the second discharge shall be $750 $500
  174  and the civil penalty for each subsequent discharge within a 12
  175  month period shall be $1,500 $1,000, except as otherwise
  176  provided in this section.
  177         (b) For discharges of any pollutant other than gasoline or
  178  diesel, the civil penalty for a second discharge shall be $3,750
  179  $2,500 and the civil penalty for each subsequent discharge
  180  within a 12-month period shall be $7,500 $5,000, except as
  181  otherwise provided in this section.
  182         (3) A person responsible for two or more discharges of any
  183  pollutant reported pursuant to s. 376.12 within a 12-month
  184  period at the same facility commits a noncriminal infraction and
  185  shall be cited by the department for such infraction.
  186         (a) For discharges of gasoline or diesel equal to or less
  187  than 5 gallons, the civil penalty shall be $75 $50 for each
  188  discharge subsequent to the first.
  189         (b) For discharges of pollutants other than gasoline or
  190  diesel equal to or less than 5 gallons, the civil penalty shall
  191  be $150 $100 for each discharge subsequent to the first.
  192         (4) A person charged with a noncriminal infraction pursuant
  193  to subsection (2) or subsection (3) may:
  194         (a) Pay the civil penalty;
  195         (b) Post a bond equal to the amount of the applicable civil
  196  penalty; or
  197         (c) Sign and accept a citation indicating a promise to
  198  appear before the county court.
  199  
  200  The department employee authorized to issue these citations may
  201  indicate on the citation the time and location of the scheduled
  202  hearing and shall indicate the applicable civil penalty.
  203         (5) Any person who willfully refuses to post bond or accept
  204  and sign a citation commits a misdemeanor of the second degree,
  205  punishable as provided in s. 775.082 or s. 775.083.
  206         (6) After compliance with paragraph (4)(b) or paragraph
  207  (4)(c), any person charged with a noncriminal infraction under
  208  subsection (2) or subsection (3) may:
  209         (a) Pay the civil penalty, either by mail or in person,
  210  within 30 days after the date of receiving the citation; or
  211         (b) If the person has posted bond, forfeit the bond by not
  212  appearing at the designated time and location.
  213  
  214  A person cited for an infraction under this section who pays the
  215  civil penalty or forfeits the bond has admitted the infraction
  216  and waives the right to a hearing on the issue of commission of
  217  the infraction. Such admission may not be used as evidence in
  218  any other proceeding.
  219         (7) Any person who elects to appear before the county court
  220  or who is required to appear waives the limitations of the civil
  221  penalties specified in subsection (2). The court, after a
  222  hearing, shall make a determination as to whether an infraction
  223  has been committed. If the commission of an infraction is
  224  proved, the court may impose a civil penalty up to, but not
  225  exceeding, $750 $500 for the second discharge of gasoline or
  226  diesel and a civil penalty up to, but not exceeding, $1,500
  227  $1,000 for each subsequent discharge of gasoline or diesel
  228  within a 12-month period.
  229         (8) Any person who elects to appear before the county court
  230  or who is required to appear waives the limitations of the civil
  231  penalties specified in subsection (2) or subsection (3). The
  232  court, after a hearing, shall make a determination as to whether
  233  an infraction has been committed. If the commission of an
  234  infraction is proved, the court may impose a civil penalty up
  235  to, but not exceeding, $7,500 $5,000 for the second discharge of
  236  pollutants other than gasoline or diesel and a civil penalty up
  237  to, but not exceeding, $15,000 $10,000 for each subsequent
  238  discharge of pollutants other than gasoline or diesel within a
  239  12-month period.
  240         (9) At a hearing under this section, the commission of a
  241  charged offense must be proved by the greater weight of the
  242  evidence.
  243         (10) A person who is found by a hearing official to have
  244  committed an infraction may appeal that finding to the circuit
  245  court.
  246         (11) Any person who has not posted bond and who neither
  247  pays the applicable civil penalty, as specified in subsection
  248  (2) or subsection (3) within 30 days of receipt of the citation
  249  nor appears before the court commits a misdemeanor of the second
  250  degree, punishable as provided in s. 775.082 or s. 775.083.
  251         (12) Any person who makes or causes to be made a false
  252  statement that which the person does not believe to be true in
  253  response to requirements of the provisions of ss. 376.011-376.21
  254  commits a felony of the second degree, punishable as provided in
  255  s. 775.082, s. 775.083, or s. 775.084.
  256         Section 10. Paragraph (a) of subsection (6) of section
  257  376.25, Florida Statutes, is amended to read:
  258         376.25 Gambling vessels; registration; required and
  259  prohibited releases.—
  260         (6) PENALTIES.—
  261         (a) A person who violates this section is subject to a
  262  civil penalty of not more than $75,000 $50,000 for each
  263  violation. Each day during any portion of which such violation
  264  occurs constitutes a separate offense.
  265         Section 11. Paragraph (a) of subsection (1) of section
  266  377.37, Florida Statutes, is amended to read:
  267         377.37 Penalties.—
  268         (1)(a) Any person who violates any provision of this law or
  269  any rule, regulation, or order of the division made under this
  270  chapter or who violates the terms of any permit to drill for or
  271  produce oil, gas, or other petroleum products referred to in s.
  272  377.242(1) or to store gas in a natural gas storage facility, or
  273  any lessee, permitholder, or operator of equipment or facilities
  274  used in the exploration for, drilling for, or production of oil,
  275  gas, or other petroleum products, or storage of gas in a natural
  276  gas storage facility, who refuses inspection by the division as
  277  provided in this chapter, is liable to the state for any damage
  278  caused to the air, waters, or property, including animal, plant,
  279  or aquatic life, of the state and for reasonable costs and
  280  expenses of the state in tracing the source of the discharge, in
  281  controlling and abating the source and the pollutants, and in
  282  restoring the air, waters, and property, including animal,
  283  plant, and aquatic life, of the state. Furthermore, such person,
  284  lessee, permitholder, or operator is subject to the judicial
  285  imposition of a civil penalty in an amount of not more than
  286  $15,000 $10,000 for each offense. However, the court may receive
  287  evidence in mitigation. Each day during any portion of which
  288  such violation occurs constitutes a separate offense. This
  289  section does not Nothing herein shall give the department the
  290  right to bring an action on behalf of any private person.
  291         Section 12. Subsection (2) of section 378.211, Florida
  292  Statutes, is amended to read:
  293         378.211 Violations; damages; penalties.—
  294         (2) The department may institute a civil action in a court
  295  of competent jurisdiction to impose and recover a civil penalty
  296  for violation of this part or of any rule adopted or order
  297  issued pursuant to this part. The penalty may shall not exceed
  298  the following amounts, and the court shall consider evidence in
  299  mitigation:
  300         (a) For violations of a minor or technical nature, $150
  301  $100 per violation.
  302         (b) For major violations by an operator on which a penalty
  303  has not been imposed under this paragraph during the previous 5
  304  years, $1,500 $1,000 per violation.
  305         (c) For major violations not covered by paragraph (b),
  306  $7,500 $5,000 per violation.
  307  
  308  Subject to the provisions of subsection (4), each day or any
  309  portion thereof in which the violation continues shall
  310  constitute a separate violation.
  311         Section 13. Subsection (2) of section 403.086, Florida
  312  Statutes, is amended to read:
  313         403.086 Sewage disposal facilities; advanced and secondary
  314  waste treatment.—
  315         (2) Any facilities for sanitary sewage disposal shall
  316  provide for secondary waste treatment and, in addition thereto,
  317  advanced waste treatment as deemed necessary and ordered by the
  318  Department of Environmental Protection. Failure to conform shall
  319  be punishable by a civil penalty of $750 $500 for each 24-hour
  320  day or fraction thereof that such failure is allowed to continue
  321  thereafter.
  322         Section 14. Section 403.121, Florida Statutes, is amended
  323  to read:
  324         403.121 Enforcement; procedure; remedies.—The department
  325  shall have the following judicial and administrative remedies
  326  available to it for violations of this chapter, as specified in
  327  s. 403.161(1).
  328         (1) Judicial remedies:
  329         (a) The department may institute a civil action in a court
  330  of competent jurisdiction to establish liability and to recover
  331  damages for any injury to the air, waters, or property,
  332  including animal, plant, and aquatic life, of the state caused
  333  by any violation.
  334         (b) The department may institute a civil action in a court
  335  of competent jurisdiction to impose and to recover a civil
  336  penalty for each violation in an amount of not more than $15,000
  337  $10,000 per offense. However, the court may receive evidence in
  338  mitigation. Each day during any portion of which such violation
  339  occurs constitutes a separate offense.
  340         (c) Except as provided in paragraph (2)(c), it is shall not
  341  be a defense to, or ground for dismissal of, these judicial
  342  remedies for damages and civil penalties that the department has
  343  failed to exhaust its administrative remedies, has failed to
  344  serve a notice of violation, or has failed to hold an
  345  administrative hearing prior to the institution of a civil
  346  action.
  347         (2) Administrative remedies:
  348         (a) The department may institute an administrative
  349  proceeding to establish liability and to recover damages for any
  350  injury to the air, waters, or property, including animal, plant,
  351  or aquatic life, of the state caused by any violation. The
  352  department may order that the violator pay a specified sum as
  353  damages to the state. Judgment for the amount of damages
  354  determined by the department may be entered in any court having
  355  jurisdiction thereof and may be enforced as any other judgment.
  356         (b) If the department has reason to believe a violation has
  357  occurred, it may institute an administrative proceeding to order
  358  the prevention, abatement, or control of the conditions creating
  359  the violation or other appropriate corrective action. Except for
  360  violations involving hazardous wastes, asbestos, or underground
  361  injection, the department shall proceed administratively in all
  362  cases in which the department seeks administrative penalties
  363  that do not exceed $50,000 $10,000 per assessment as calculated
  364  in accordance with subsections (3), (4), (5), (6), and (7).
  365  Pursuant to 42 U.S.C. s. 300g-2, the administrative penalty
  366  assessed pursuant to subsection (3), subsection (4), or
  367  subsection (5) against a public water system serving a
  368  population of more than 10,000 shall be not less than $1,000 per
  369  day per violation. The department may shall not impose
  370  administrative penalties in excess of $50,000 $10,000 in a
  371  notice of violation. The department may shall not have more than
  372  one notice of violation seeking administrative penalties pending
  373  against the same party at the same time unless the violations
  374  occurred at a different site or the violations were discovered
  375  by the department subsequent to the filing of a previous notice
  376  of violation.
  377         (c) An administrative proceeding shall be instituted by the
  378  department’s serving of a written notice of violation upon the
  379  alleged violator by certified mail. If the department is unable
  380  to effect service by certified mail, the notice of violation may
  381  be hand delivered or personally served in accordance with
  382  chapter 48. The notice shall specify the provision of the law,
  383  rule, regulation, permit, certification, or order of the
  384  department alleged to be violated and the facts alleged to
  385  constitute a violation thereof. An order for corrective action,
  386  penalty assessment, or damages may be included with the notice.
  387  When the department is seeking to impose an administrative
  388  penalty for any violation by issuing a notice of violation, any
  389  corrective action needed to correct the violation or damages
  390  caused by the violation must be pursued in the notice of
  391  violation or they are waived. However, an no order is not shall
  392  become effective until after service and an administrative
  393  hearing, if requested within 20 days after service. Failure to
  394  request an administrative hearing within this time period
  395  constitutes shall constitute a waiver thereof, unless the
  396  respondent files a written notice with the department within
  397  this time period opting out of the administrative process
  398  initiated by the department to impose administrative penalties.
  399  Any respondent choosing to opt out of the administrative process
  400  initiated by the department in an action that seeks the
  401  imposition of administrative penalties must file a written
  402  notice with the department within 20 days after service of the
  403  notice of violation opting out of the administrative process. A
  404  respondent’s decision to opt out of the administrative process
  405  does not preclude the department from initiating a state court
  406  action seeking injunctive relief, damages, and the judicial
  407  imposition of civil penalties.
  408         (d) If a person timely files a petition challenging a
  409  notice of violation, that person will thereafter be referred to
  410  as the respondent. The hearing requested by the respondent shall
  411  be held within 180 days after the department has referred the
  412  initial petition to the Division of Administrative Hearings
  413  unless the parties agree to a later date. The department has the
  414  burden of proving with the preponderance of the evidence that
  415  the respondent is responsible for the violation. No
  416  Administrative penalties should not be imposed unless the
  417  department satisfies that burden. Following the close of the
  418  hearing, the administrative law judge shall issue a final order
  419  on all matters, including the imposition of an administrative
  420  penalty. When the department seeks to enforce that portion of a
  421  final order imposing administrative penalties pursuant to s.
  422  120.69, the respondent may shall not assert as a defense the
  423  inappropriateness of the administrative remedy. The department
  424  retains its final-order authority in all administrative actions
  425  that do not request the imposition of administrative penalties.
  426         (e) After filing a petition requesting a formal hearing in
  427  response to a notice of violation in which the department
  428  imposes an administrative penalty, a respondent may request that
  429  a private mediator be appointed to mediate the dispute by
  430  contacting the Florida Conflict Resolution Consortium within 10
  431  days after receipt of the initial order from the administrative
  432  law judge. The Florida Conflict Resolution Consortium shall pay
  433  all of the costs of the mediator and for up to 8 hours of the
  434  mediator’s time per case at $150 per hour. Upon notice from the
  435  respondent, the Florida Conflict Resolution Consortium shall
  436  provide to the respondent a panel of possible mediators from the
  437  area in which the hearing on the petition would be heard. The
  438  respondent shall select the mediator and notify the Florida
  439  Conflict Resolution Consortium of the selection within 15 days
  440  of receipt of the proposed panel of mediators. The Florida
  441  Conflict Resolution Consortium shall provide all of the
  442  administrative support for the mediation process. The mediation
  443  must be completed at least 15 days before the final hearing date
  444  set by the administrative law judge.
  445         (f) In any administrative proceeding brought by the
  446  department, the prevailing party shall recover all costs as
  447  provided in ss. 57.041 and 57.071. The costs must be included in
  448  the final order. The respondent is the prevailing party when an
  449  order is entered awarding no penalties to the department and
  450  such order has not been reversed on appeal or the time for
  451  seeking judicial review has expired. The respondent is shall be
  452  entitled to an award of attorney’s fees if the administrative
  453  law judge determines that the notice of violation issued by the
  454  department seeking the imposition of administrative penalties
  455  was not substantially justified as defined in s. 57.111(3)(e).
  456  An No award of attorney’s fees as provided by this subsection
  457  may not shall exceed $15,000.
  458         (g) Nothing herein shall be construed as preventing any
  459  other legal or administrative action in accordance with law.
  460  Nothing in this subsection shall limit the department’s
  461  authority provided in ss. 403.131, 403.141, and this section to
  462  judicially pursue injunctive relief. When the department
  463  exercises its authority to judicially pursue injunctive relief,
  464  penalties in any amount up to the statutory maximum sought by
  465  the department must be pursued as part of the state court action
  466  and not by initiating a separate administrative proceeding. The
  467  department retains the authority to judicially pursue penalties
  468  in excess of $50,000 $10,000 for violations not specifically
  469  included in the administrative penalty schedule, or for multiple
  470  or multiday violations alleged to exceed a total of $50,000
  471  $10,000. The department also retains the authority provided in
  472  ss. 403.131, 403.141, and this section to judicially pursue
  473  injunctive relief and damages, if a notice of violation seeking
  474  the imposition of administrative penalties has not been issued.
  475  The department has the authority to enter into a settlement,
  476  either before or after initiating a notice of violation, and the
  477  settlement may include a penalty amount different from the
  478  administrative penalty schedule. Any case filed in state court
  479  because it is alleged to exceed a total of $50,000 $10,000 in
  480  penalties may be settled in the court action for less than
  481  $50,000 $10,000.
  482         (h) Chapter 120 applies shall apply to any administrative
  483  action taken by the department or any delegated program pursuing
  484  administrative penalties in accordance with this section.
  485         (3) Except for violations involving hazardous wastes,
  486  asbestos, or underground injection, administrative penalties
  487  must be calculated according to the following schedule:
  488         (a) For a drinking water contamination violation, the
  489  department shall assess a penalty of $3,000 $2,000 for a Maximum
  490  Containment Level (MCL) violation; plus $1,500 $1,000 if the
  491  violation is for a primary inorganic, organic, or radiological
  492  Maximum Contaminant Level or it is a fecal coliform bacteria
  493  violation; plus $1,500 $1,000 if the violation occurs at a
  494  community water system; and plus $1,500 $1,000 if any Maximum
  495  Contaminant Level is exceeded by more than 100 percent. For
  496  failure to obtain a clearance letter prior to placing a drinking
  497  water system into service when the system would not have been
  498  eligible for clearance, the department shall assess a penalty of
  499  $4,500 $3,000.
  500         (b) For failure to obtain a required wastewater permit,
  501  other than a permit required for surface water discharge, the
  502  department shall assess a penalty of $1,500 $1,000. For a
  503  domestic or industrial wastewater violation not involving a
  504  surface water or groundwater quality violation, the department
  505  shall assess a penalty of $3,000 $2,000 for an unpermitted or
  506  unauthorized discharge or effluent-limitation exceedance. For an
  507  unpermitted or unauthorized discharge or effluent-limitation
  508  exceedance that resulted in a surface water or groundwater
  509  quality violation, the department shall assess a penalty of
  510  $7,500 $5,000. Each day the cause of an unauthorized discharge
  511  of domestic wastewater is not addressed constitutes a separate
  512  offense.
  513         (c) For a dredge and fill or stormwater violation, the
  514  department shall assess a penalty of $1,500 $1,000 for
  515  unpermitted or unauthorized dredging or filling or unauthorized
  516  construction of a stormwater management system against the
  517  person or persons responsible for the illegal dredging or
  518  filling, or unauthorized construction of a stormwater management
  519  system plus $3,000 $2,000 if the dredging or filling occurs in
  520  an aquatic preserve, an Outstanding Florida Water, a
  521  conservation easement, or a Class I or Class II surface water,
  522  plus $1,500 $1,000 if the area dredged or filled is greater than
  523  one-quarter acre but less than or equal to one-half acre, and
  524  plus $1,500 $1,000 if the area dredged or filled is greater than
  525  one-half acre but less than or equal to one acre. The
  526  administrative penalty schedule does shall not apply to a dredge
  527  and fill violation if the area dredged or filled exceeds one
  528  acre. The department retains the authority to seek the judicial
  529  imposition of civil penalties for all dredge and fill violations
  530  involving more than one acre. The department shall assess a
  531  penalty of $4,500 $3,000 for the failure to complete required
  532  mitigation, failure to record a required conservation easement,
  533  or for a water quality violation resulting from dredging or
  534  filling activities, stormwater construction activities or
  535  failure of a stormwater treatment facility. For stormwater
  536  management systems serving less than 5 acres, the department
  537  shall assess a penalty of $3,000 $2,000 for the failure to
  538  properly or timely construct a stormwater management system. In
  539  addition to the penalties authorized in this subsection, the
  540  department shall assess a penalty of $7,500 $5,000 per violation
  541  against the contractor or agent of the owner or tenant that
  542  conducts unpermitted or unauthorized dredging or filling. For
  543  purposes of this paragraph, the preparation or signing of a
  544  permit application by a person currently licensed under chapter
  545  471 to practice as a professional engineer does shall not make
  546  that person an agent of the owner or tenant.
  547         (d) For mangrove trimming or alteration violations, the
  548  department shall assess a penalty of $7,500 $5,000 per violation
  549  against the contractor or agent of the owner or tenant that
  550  conducts mangrove trimming or alteration without a permit as
  551  required by s. 403.9328. For purposes of this paragraph, the
  552  preparation or signing of a permit application by a person
  553  currently licensed under chapter 471 to practice as a
  554  professional engineer does shall not make that person an agent
  555  of the owner or tenant.
  556         (e) For solid waste violations, the department shall assess
  557  a penalty of $3,000 $2,000 for the unpermitted or unauthorized
  558  disposal or storage of solid waste; plus $1,000 if the solid
  559  waste is Class I or Class III (excluding yard trash) or if the
  560  solid waste is construction and demolition debris in excess of
  561  20 cubic yards, plus $1,500 $1,000 if the waste is disposed of
  562  or stored in any natural or artificial body of water or within
  563  500 feet of a potable water well, plus $1,500 $1,000 if the
  564  waste contains PCB at a concentration of 50 parts per million or
  565  greater; untreated biomedical waste; friable asbestos greater
  566  than 1 cubic meter which is not wetted, bagged, and covered;
  567  used oil greater than 25 gallons; or 10 or more lead acid
  568  batteries. The department shall assess a penalty of $4,500
  569  $3,000 for failure to properly maintain leachate control;
  570  unauthorized burning; failure to have a trained spotter on duty
  571  at the working face when accepting waste; or failure to provide
  572  access control for three consecutive inspections. The department
  573  shall assess a penalty of $3,000 $2,000 for failure to construct
  574  or maintain a required stormwater management system.
  575         (f) For an air emission violation, the department shall
  576  assess a penalty of $1,500 $1,000 for an unpermitted or
  577  unauthorized air emission or an air-emission-permit exceedance,
  578  plus $1,000 if the emission results in an air quality violation,
  579  plus $4,500 $3,000 if the emission was from a major source and
  580  the source was major for the pollutant in violation; plus $1,500
  581  $1,000 if the emission was more than 150 percent of the
  582  allowable level.
  583         (g) For storage tank system and petroleum contamination
  584  violations, the department shall assess a penalty of $7,500
  585  $5,000 for failure to empty a damaged storage system as
  586  necessary to ensure that a release does not occur until repairs
  587  to the storage system are completed; when a release has occurred
  588  from that storage tank system; for failure to timely recover
  589  free product; or for failure to conduct remediation or
  590  monitoring activities until a no-further-action or site
  591  rehabilitation completion order has been issued. The department
  592  shall assess a penalty of $4,500 $3,000 for failure to timely
  593  upgrade a storage tank system. The department shall assess a
  594  penalty of $3,000 $2,000 for failure to conduct or maintain
  595  required release detection; failure to timely investigate a
  596  suspected release from a storage system; depositing motor fuel
  597  into an unregistered storage tank system; failure to timely
  598  assess or remediate petroleum contamination; or failure to
  599  properly install a storage tank system. The department shall
  600  assess a penalty of $1,500 $1,000 for failure to properly
  601  operate, maintain, or close a storage tank system.
  602         (4) In an administrative proceeding, in addition to the
  603  penalties that may be assessed under subsection (3), the
  604  department shall assess administrative penalties according to
  605  the following schedule:
  606         (a) For failure to satisfy financial responsibility
  607  requirements or for violation of s. 377.371(1), $7,500 $5,000.
  608         (b) For failure to install, maintain, or use a required
  609  pollution control system or device, $6,000 $4,000.
  610         (c) For failure to obtain a required permit before
  611  construction or modification, $4,500 $3,000.
  612         (d) For failure to conduct required monitoring or testing;
  613  failure to conduct required release detection; or failure to
  614  construct in compliance with a permit, $3,000 $2,000.
  615         (e) For failure to maintain required staff to respond to
  616  emergencies; failure to conduct required training; failure to
  617  prepare, maintain, or update required contingency plans; failure
  618  to adequately respond to emergencies to bring an emergency
  619  situation under control; or failure to submit required
  620  notification to the department, $1,500 $1,000.
  621         (f) Except as provided in subsection (2) with respect to
  622  public water systems serving a population of more than 10,000,
  623  for failure to prepare, submit, maintain, or use required
  624  reports or other required documentation, $750 $500.
  625         (5) Except as provided in subsection (2) with respect to
  626  public water systems serving a population of more than 10,000,
  627  for failure to comply with any other departmental regulatory
  628  statute or rule requirement not otherwise identified in this
  629  section, the department may assess a penalty of $1,000 $500.
  630         (6) For each additional day during which a violation
  631  occurs, the administrative penalties in subsections subsection
  632  (3), subsection (4), and subsection (5) may be assessed per day
  633  per violation.
  634         (7) The history of noncompliance of the violator for any
  635  previous violation resulting in an executed consent order, but
  636  not including a consent order entered into without a finding of
  637  violation, or resulting in a final order or judgment after the
  638  effective date of this law involving the imposition of $3,000
  639  $2,000 or more in penalties shall be taken into consideration in
  640  the following manner:
  641         (a) One previous such violation within 5 years prior to the
  642  filing of the notice of violation will result in a 25-percent
  643  per day increase in the scheduled administrative penalty.
  644         (b) Two previous such violations within 5 years prior to
  645  the filing of the notice of violation will result in a 50
  646  percent per day increase in the scheduled administrative
  647  penalty.
  648         (c) Three or more previous such violations within 5 years
  649  prior to the filing of the notice of violation will result in a
  650  100-percent per day increase in the scheduled administrative
  651  penalty.
  652         (8) The direct economic benefit gained by the violator from
  653  the violation, where consideration of economic benefit is
  654  provided by Florida law or required by federal law as part of a
  655  federally delegated or approved program, shall be added to the
  656  scheduled administrative penalty. The total administrative
  657  penalty, including any economic benefit added to the scheduled
  658  administrative penalty, may shall not exceed $15,000 $10,000.
  659         (9) The administrative penalties assessed for any
  660  particular violation may shall not exceed $7,500 $5,000 against
  661  any one violator, unless the violator has a history of
  662  noncompliance, the economic benefit of the violation as
  663  described in subsection (8) exceeds $7,500 $5,000, or there are
  664  multiday violations. The total administrative penalties may
  665  shall not exceed $50,000 $10,000 per assessment for all
  666  violations attributable to a specific person in the notice of
  667  violation.
  668         (10) The administrative law judge may receive evidence in
  669  mitigation. The penalties identified in subsections subsection
  670  (3), subsection (4), and subsection (5) may be reduced up to 50
  671  percent by the administrative law judge for mitigating
  672  circumstances, including good faith efforts to comply prior to
  673  or after discovery of the violations by the department. Upon an
  674  affirmative finding that the violation was caused by
  675  circumstances beyond the reasonable control of the respondent
  676  and could not have been prevented by respondent’s due diligence,
  677  the administrative law judge may further reduce the penalty.
  678         (11) Penalties collected pursuant to this section shall be
  679  deposited into the Water Quality Assurance Trust Fund or other
  680  trust fund designated by statute and shall be used to fund the
  681  restoration of ecosystems, or polluted areas of the state, as
  682  defined by the department, to their condition before pollution
  683  occurred. The Florida Conflict Resolution Consortium may use a
  684  portion of the fund to administer the mediation process provided
  685  in paragraph (2)(e) and to contract with private mediators for
  686  administrative penalty cases.
  687         (12) The purpose of the administrative penalty schedule and
  688  process is to provide a more predictable and efficient manner
  689  for individuals and businesses to resolve relatively minor
  690  environmental disputes. Subsections (3)-(7) may Subsection (3),
  691  subsection (4), subsection (5), subsection (6), or subsection
  692  (7) shall not be construed as limiting a state court in the
  693  assessment of damages. The administrative penalty schedule does
  694  not apply to the judicial imposition of civil penalties in state
  695  court as provided in this section.
  696         Section 15. Subsection (1) of section 403.141, Florida
  697  Statutes, is amended to read:
  698         403.141 Civil liability; joint and several liability.—
  699         (1) A person who Whoever commits a violation specified in
  700  s. 403.161(1) is liable to the state for any damage caused to
  701  the air, waters, or property, including animal, plant, or
  702  aquatic life, of the state and for reasonable costs and expenses
  703  of the state in tracing the source of the discharge, in
  704  controlling and abating the source and the pollutants, and in
  705  restoring the air, waters, and property, including animal,
  706  plant, and aquatic life, of the state to their former condition,
  707  and furthermore is subject to the judicial imposition of a civil
  708  penalty for each offense in an amount of not more than $15,000
  709  $10,000 per offense. However, the court may receive evidence in
  710  mitigation. Each day during any portion of which such violation
  711  occurs constitutes a separate offense. If a violation is an
  712  unauthorized discharge of domestic wastewater, each day the
  713  cause of the violation is not addressed constitutes a separate
  714  offense until the violation is resolved by order or judgment.
  715  Nothing herein gives shall give the department the right to
  716  bring an action on behalf of any private person.
  717         Section 16. Subsections (2) through (5) of section 403.161,
  718  Florida Statutes, are amended to read:
  719         403.161 Prohibitions, violation, penalty, intent.—
  720         (2) A person who Whoever commits a violation specified in
  721  subsection (1) is liable to the state for any damage caused and
  722  for civil penalties as provided in s. 403.141.
  723         (3) A Any person who willfully commits a violation
  724  specified in paragraph (1)(a) commits is guilty of a felony of
  725  the third degree, punishable as provided in ss. 775.082(3)(e)
  726  and 775.083(1)(g) by a fine of not more than $50,000 or by
  727  imprisonment for 5 years, or by both, for each offense. Each day
  728  during any portion of which such violation occurs constitutes a
  729  separate offense.
  730         (4) A Any person who commits a violation specified in
  731  paragraph (1)(a) or paragraph (1)(b) due to reckless
  732  indifference or gross careless disregard commits is guilty of a
  733  misdemeanor of the second degree, punishable as provided in ss.
  734  775.082(4)(b) and 775.083(1)(g) by a fine of not more than
  735  $10,000 $5,000 or by 60 days in jail, or by both, for each
  736  offense.
  737         (5) A Any person who willfully commits a violation
  738  specified in paragraph (1)(b) or who commits a violation
  739  specified in paragraph (1)(c) commits is guilty of a misdemeanor
  740  of the first degree punishable as provided in ss. 775.082(4)(a)
  741  and 775.083(1)(g) by a fine of not more than $10,000 or by 6
  742  months in jail, or by both for each offense.
  743         Section 17. Paragraph (a) of subsection (6) of section
  744  403.413, Florida Statutes, is amended to read:
  745         403.413 Florida Litter Law.—
  746         (6) PENALTIES; ENFORCEMENT.—
  747         (a) Any person who dumps litter in violation of subsection
  748  (4) in an amount not exceeding 15 pounds in weight or 27 cubic
  749  feet in volume and not for commercial purposes commits is guilty
  750  of a noncriminal infraction, punishable by a civil penalty of
  751  $150 $100, from which $50 shall be deposited into the Solid
  752  Waste Management Trust Fund to be used for the solid waste
  753  management grant program pursuant to s. 403.7095. In addition,
  754  the court may require the violator to pick up litter or perform
  755  other labor commensurate with the offense committed.
  756         Section 18. Subsection (5) of section 403.7234, Florida
  757  Statutes, is amended to read:
  758         403.7234 Small quantity generator notification and
  759  verification program.—
  760         (5) Any small quantity generator who does not comply with
  761  the requirements of subsection (4) and who has received a
  762  notification and survey in person or through one certified
  763  letter from the county is subject to a fine of between $75 $50
  764  and $150 $100 per day for a maximum of 100 days. The county may
  765  collect such fines and deposit them in its general revenue fund.
  766  Fines collected by the county shall be used to carry out the
  767  notification and verification procedure established in this
  768  section. If there are excess funds after the notification and
  769  verification procedures have been completed, such funds shall be
  770  used for hazardous and solid waste management purposes only.
  771         Section 19. Subsection (3) of section 403.726, Florida
  772  Statutes, is amended to read:
  773         403.726 Abatement of imminent hazard caused by hazardous
  774  substance.—
  775         (3) An imminent hazard exists if any hazardous substance
  776  creates an immediate and substantial danger to human health,
  777  safety, or welfare or to the environment. The department may
  778  institute action in its own name, using the procedures and
  779  remedies of s. 403.121 or s. 403.131, to abate an imminent
  780  hazard. However, the department is authorized to recover a civil
  781  penalty of not more than $37,500 $25,000 for each day of
  782  continued violation. Whenever serious harm to human health,
  783  safety, and welfare; the environment; or private or public
  784  property may occur prior to completion of an administrative
  785  hearing or other formal proceeding that which might be initiated
  786  to abate the risk of serious harm, the department may obtain, ex
  787  parte, an injunction without paying filing and service fees
  788  prior to the filing and service of process.
  789         Section 20. Paragraph (a) of subsection (3) of section
  790  403.727, Florida Statutes, is amended to read:
  791         403.727 Violations; defenses, penalties, and remedies.—
  792         (3) Violations of the provisions of this act are punishable
  793  as follows:
  794         (a) Any person who violates the provisions of this act, the
  795  rules or orders of the department, or the conditions of a permit
  796  is liable to the state for any damages specified in s. 403.141
  797  and for a civil penalty of not more than $75,000 $50,000 for
  798  each day of continued violation, except as otherwise provided
  799  herein. The department may revoke any permit issued to the
  800  violator. In any action by the department against a small
  801  hazardous waste generator for the improper disposal of hazardous
  802  wastes, a rebuttable presumption of improper disposal shall be
  803  created if the generator was notified pursuant to s. 403.7234;
  804  the generator shall then have the burden of proving that the
  805  disposal was proper. If the generator was not so notified, the
  806  burden of proving improper disposal shall be placed upon the
  807  department.
  808         Section 21. Subsection (8) of section 403.93345, Florida
  809  Statutes, is amended to read:
  810         403.93345 Coral reef protection.—
  811         (8) In addition to the compensation described in subsection
  812  (5), the department may assess, per occurrence, civil penalties
  813  according to the following schedule:
  814         (a) For any anchoring of a vessel on a coral reef or for
  815  any other damage to a coral reef totaling less than or equal to
  816  an area of 1 square meter, $225 $150, provided that a
  817  responsible party who has anchored a recreational vessel as
  818  defined in s. 327.02 which is lawfully registered or exempt from
  819  registration pursuant to chapter 328 is issued, at least once, a
  820  warning letter in lieu of penalty; with aggravating
  821  circumstances, an additional $225 $150; occurring within a state
  822  park or aquatic preserve, an additional $225 $150.
  823         (b) For damage totaling more than an area of 1 square meter
  824  but less than or equal to an area of 10 square meters, $450 $300
  825  per square meter; with aggravating circumstances, an additional
  826  $450 $300 per square meter; occurring within a state park or
  827  aquatic preserve, an additional $450 $300 per square meter.
  828         (c) For damage exceeding an area of 10 square meters,
  829  $1,500 $1,000 per square meter; with aggravating circumstances,
  830  an additional $1,500 $1,000 per square meter; occurring within a
  831  state park or aquatic preserve, an additional $1,500 $1,000 per
  832  square meter.
  833         (d) For a second violation, the total penalty may be
  834  doubled.
  835         (e) For a third violation, the total penalty may be
  836  tripled.
  837         (f) For any violation after a third violation, the total
  838  penalty may be quadrupled.
  839         (g) The total of penalties levied may not exceed $375,000
  840  $250,000 per occurrence.
  841         Section 22. Subsection (5) of s. 823.11, Florida Statutes,
  842  is reenacted for the purpose of incorporating the amendment made
  843  by this act to s. 376.16, Florida Statutes, in a reference
  844  thereto.
  845         Section 23. Subsection (5) of s. 403.077, subsection (2) of
  846  s. 403.131, paragraph (d) of subsection (3) of s. 403.4154, and
  847  subsection (5) of s. 403.860, Florida Statutes, are reenacted
  848  for the purpose of incorporating the amendment made by this act
  849  to s. 403.121, Florida Statutes, in references thereto.
  850         Section 24. Subsection (10) of s. 403.708, subsection (7)
  851  of s. 403.7191, and s. 403.811, Florida Statutes, are reenacted
  852  for the purpose of incorporating the amendment made by this act
  853  to s. 403.141, Florida Statutes, in references thereto.
  854         Section 25. Subsection (2) of s. 403.7255, Florida
  855  Statutes, is reenacted for the purpose of incorporating the
  856  amendment made by this act to s. 403.161, Florida Statutes, in a
  857  reference thereto.
  858         Section 26. Subsection (8) of s. 403.7186, Florida
  859  Statutes, is reenacted for the purpose of incorporating the
  860  amendments made by this act to ss. 403.141 and 403.161, Florida
  861  Statutes, in references thereto.
  862         Section 27. This act shall take effect July 1, 2020.
  863  
  864  ================= T I T L E  A M E N D M E N T ================
  865  And the title is amended as follows:
  866         Delete everything before the enacting clause
  867  and insert:
  868                        A bill to be entitled                      
  869         An act relating to environmental enforcement; amending
  870         s. 161.054, F.S.; revising administrative penalties
  871         for violations of certain provisions relating to beach
  872         and shore construction and activities; making
  873         technical changes; amending ss. 258.397, 258.46, and
  874         376.25, F.S.; revising civil penalties for violations
  875         of certain provisions relating to the Biscayne Bay
  876         Aquatic Preserve, aquatic preserves, and the Clean
  877         Ocean Act, respectively; providing that each day that
  878         certain violations occur constitutes a separate
  879         offense; making technical changes; amending ss.
  880         373.129,373.209, 376.065, 376.071, 376.16, 377.37,
  881         378.211, 403.086, 403.413, 403.7234, and 403.93345,
  882         F.S.; revising civil penalties for violations of
  883         certain provisions relating to water resources,
  884         artesian wells, terminal facilities, discharge
  885         contingency plans for vessels, the Pollutant Discharge
  886         Prevention and Control Act, regulation of oil and gas
  887         resources, the Phosphate Land Reclamation Act, sewage
  888         disposal facilities, dumping litter, small quantity
  889         generators, and coral reef protection, respectively;
  890         making technical changes; amending ss. 373.430 and
  891         403.161, F.S.; revising criminal penalties for
  892         violations of certain provisions relating to pollution
  893         and the environment; making technical changes;
  894         amending s. 403.121, F.S.; revising civil and
  895         administrative penalties for violations of certain
  896         provisions relating to pollution and the environment;
  897         providing that each day that certain violations occur
  898         constitutes a separate offense; increasing the amount
  899         of penalties that can be assessed administratively;
  900         making technical changes; amending s. 403.141, F.S.;
  901         revising civil penalties for violations of certain
  902         provisions relating to pollution and the environment;
  903         providing that each day that the cause of unauthorized
  904         discharges of domestic wastewater is not addressed
  905         constitutes a separate offense until the violation is
  906         resolved by order or judgment; amending ss. 403.726
  907         and 403.727, F.S.; revising civil penalties for
  908         violations of certain provisions relating to hazardous
  909         waste; making technical changes; reenacting s.
  910         823.11(5), F.S., to incorporate the amendment made to
  911         s. 376.16, F.S., in a reference thereto; reenacting
  912         ss. 403.077(5), 403.131(2), 403.4154(3)(d), and
  913         403.860(5), F.S., to incorporate the amendment made to
  914         s. 403.121, F.S., in a reference thereto; reenacting
  915         ss. 403.708(10), 403.7191(7), and 403.811, F.S., to
  916         incorporate the amendment made to s. 403.141, F.S., in
  917         a reference thereto; reenacting s. 403.7255(2), F.S.,
  918         to incorporate the amendment made to s. 403.161, F.S.,
  919         in a reference thereto; reenacting s. 403.7186(8),
  920         F.S., to incorporate the amendments made to ss.
  921         403.141 and 403.161, F.S., in references thereto;
  922         providing an effective date.