Bill Text: FL S1450 | 2020 | Regular Session | Comm Sub
Bill Title: Environmental Accountability
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2020-03-11 - Laid on Table, refer to CS/CS/HB 1091 [S1450 Detail]
Download: Florida-2020-S1450-Comm_Sub.html
Florida Senate - 2020 CS for CS for SB 1450 By the Committees on Appropriations; and Environment and Natural Resources; and Senator Gruters 576-04296-20 20201450c2 1 A bill to be entitled 2 An act relating to environmental accountability; 3 amending s. 161.054, F.S.; revising administrative 4 penalties for violations of certain provisions 5 relating to beach and shore construction and 6 activities; making technical changes; amending ss. 7 258.397, 258.46, and 376.25, F.S.; revising civil 8 penalties for violations of certain provisions 9 relating to the Biscayne Bay Aquatic Preserve, aquatic 10 preserves, and the Clean Ocean Act, respectively; 11 providing that each day that certain violations occur 12 constitutes a separate offense; making technical 13 changes; amending ss. 373.129, 373.209, 376.065, 14 376.071, 376.16, 377.37, 378.211, 403.086, 403.413, 15 403.7234, and 403.93345, F.S.; revising civil 16 penalties for violations of certain provisions 17 relating to water resources, artesian wells, terminal 18 facilities, discharge contingency plans for vessels, 19 the Pollutant Discharge Prevention and Control Act, 20 regulation of oil and gas resources, the Phosphate 21 Land Reclamation Act, sewage disposal facilities, 22 dumping litter, small quantity generators, and coral 23 reef protection, respectively; making technical 24 changes; amending ss. 373.430 and 403.161, F.S.; 25 revising criminal penalties for violations of certain 26 provisions relating to pollution and the environment; 27 making technical changes; amending s. 403.121, F.S.; 28 revising civil and administrative penalties for 29 violations of certain provisions relating to pollution 30 and the environment; providing that each day that 31 certain violations occur constitutes a separate 32 offense; increasing the amount of penalties that can 33 be assessed administratively; making technical 34 changes; amending s. 403.141, F.S.; revising civil 35 penalties for violations of certain provisions 36 relating to pollution and the environment; providing 37 that each day that the cause of unauthorized 38 discharges of domestic wastewater is not addressed 39 constitutes a separate offense until the violation is 40 resolved by order or judgment; amending ss. 403.726 41 and 403.727, F.S.; revising civil penalties for 42 violations of certain provisions relating to hazardous 43 waste; making technical changes; creating ss. 125.569 44 and 166.0481, F.S.; defining the term “sanitary sewer 45 lateral”; encouraging counties and municipalities, 46 respectively, to establish a sanitary sewer lateral 47 inspection program by a specified date; providing 48 parameters for such a program; creating s. 689.301, 49 F.S.; requiring a seller of real property to disclose 50 any known defects in the property’s sanitary sewer 51 lateral; defining the term “sanitary sewer lateral”; 52 reenacting s. 823.11(5), F.S., to incorporate the 53 amendment made to s. 376.16, F.S., in a reference 54 thereto; reenacting ss. 403.077(5), 403.131(2), 55 403.4154(3)(d), and 403.860(5), F.S., to incorporate 56 the amendment made to s. 403.121, F.S., in references 57 thereto; reenacting ss. 403.708(10), 403.7191(7), and 58 403.811, F.S., to incorporate the amendment made to s. 59 403.141, F.S., in references thereto; reenacting s. 60 403.7255(2), F.S., to incorporate the amendment made 61 to s. 403.161, F.S., in a reference thereto; 62 reenacting s. 403.7186(8), F.S., to incorporate the 63 amendments made to ss. 403.141 and 403.161, F.S., in 64 references thereto; providing an effective date. 65 66 Be It Enacted by the Legislature of the State of Florida: 67 68 Section 1. Subsection (1) of section 161.054, Florida 69 Statutes, is amended to read: 70 161.054 Administrative fines; liability for damage; liens.— 71 (1) In addition to the penalties provided for in ss. 72 161.052, 161.053, and 161.121, any person, firm, corporation, or 73 governmental agency, or agent thereof, refusing to comply with 74 or willfully violatingany of the provisions ofs. 161.041, s. 75 161.052, or s. 161.053, or any rule or order prescribed by the 76 department thereunder, shall incur a fine for each offense in an 77 amount up to $15,000$10,000to be fixed, imposed, and collected 78 by the department. Each day during any portion of which such 79 violation occurs constitutes a separate offense. 80 Section 2. Subsection (7) of section 258.397, Florida 81 Statutes, is amended to read: 82 258.397 Biscayne Bay Aquatic Preserve.— 83 (7) ENFORCEMENT.—The provisions ofThis section may be 84 enforced in accordance withthe provisions ofs. 403.412. In 85 addition, the Department of Legal Affairs mayis authorized to86 bring an action for civil penalties of $7,500$5,000per day 87 against any person, natural or corporate, who violatesthe88provisions ofthis section or any rule or regulation issued 89 hereunder. Each day during any portion of which such violation 90 occurs constitutes a separate offense. Enforcement of applicable 91 state regulations shall be supplemented by the Miami-Dade County 92 Department of Environmental Resources Management through the 93 creation of a full-time enforcement presence along the Miami 94 River. 95 Section 3. Section 258.46, Florida Statutes, is amended to 96 read: 97 258.46 Enforcement; violations; penalty.—The provisions of98 This act may be enforced by the Board of Trustees of the 99 Internal Improvement Trust Fund or in accordance withthe100provisions ofs. 403.412. However, any violation by any person, 101 natural or corporate, ofthe provisions ofthis act or any rule 102 or regulation issued hereunder isshall befurther punishable by 103 a civil penalty of not less than $750$500per day or more than 104 $7,500$5,000per day of such violation. Each day during any 105 portion of which such violation occurs constitutes a separate 106 offense. 107 Section 4. Subsections (5) and (7) of section 373.129, 108 Florida Statutes, are amended to read: 109 373.129 Maintenance of actions.—The department, the 110 governing board of any water management district, any local 111 board, or a local government to which authority has been 112 delegated pursuant to s. 373.103(8), is authorized to commence 113 and maintain proper and necessary actions and proceedings in any 114 court of competent jurisdiction for any of the following 115 purposes: 116 (5) To recover a civil penalty for each offense in an 117 amount not to exceed $15,000$10,000per offense. Each date 118 during which such violation occurs constitutes a separate 119 offense. 120 (a) A civil penalty recovered by a water management 121 district pursuant to this subsection shall be retained and used 122 exclusively by the water management district that collected the 123 money. A civil penalty recovered by the department pursuant to 124 this subsection must be deposited into the Water Quality 125 Assurance Trust Fund established under s. 376.307. 126 (b) A local government that is delegated authority pursuant 127 to s. 373.103(8) may deposit a civil penalty recovered pursuant 128 to this subsection into a local water pollution control program 129 trust fund, notwithstandingthe provisions ofparagraph (a). 130 However, civil penalties that are deposited in a local water 131 pollution control program trust fund and that are recovered for 132 violations of state water quality standards may be used only to 133 restore water quality in the area that was the subject of the 134 action, and civil penalties that are deposited in a local water 135 pollution control program trust fund and that are recovered for 136 violation of requirements relating to water quantity may be used 137 only to purchase lands and make capital improvements associated 138 with surface water management, or other purposes consistent with 139 the requirements of this chapter for the management and storage 140 of surface water. 141 (7) To enforcethe provisions ofpart IV of this chapter in 142 the same manner and to the same extent as provided in ss. 143 373.430, 403.121(1) and (2), 403.131, 403.141, and 403.161. 144 Section 5. Subsection (3) of section 373.209, Florida 145 Statutes, is amended to read: 146 373.209 Artesian wells; penalties for violation.— 147 (3) Any person who violatesany provision ofthis section 148 isshall besubject to either: 149 (a) The remedial measures provided for in s. 373.436; or 150 (b) A civil penalty of $150$100a day for each and every 151 day of such violation and for each and every act of violation. 152 The civil penalty may be recovered by the water management board 153 of the water management district in which the well is located or 154 by the department in a suit in a court of competent jurisdiction 155 in the county where the defendant resides, in the county of 156 residence of any defendant if there is more than one defendant, 157 or in the county where the violation took place. The place of 158 suit shall be selected by the board or department, and the suit, 159 by direction of the board or department, shall be instituted and 160 conducted in the name of the board or department by appropriate 161 counsel. The payment of any such damages does not impair or 162 abridge any cause of action which any person may have against 163 the person violatingany provision ofthis section. 164 Section 6. Subsections (2) through (5) of section 373.430, 165 Florida Statutes, are amended to read: 166 373.430 Prohibitions, violation, penalty, intent.— 167 (2) A person whoWhoevercommits a violation specified in 168 subsection (1) is liable for any damage caused and for civil 169 penalties as provided in s. 373.129. 170 (3) AAnyperson who willfully commits a violation 171 specified in paragraph (1)(a) commitsis guilty ofa felony of 172 the third degree, punishable as provided in ss. 775.082(3)(e) 173 and 775.083(1)(g), by a fine of not more than $50,000 or by 174 imprisonment for 5 years, or by both, for each offense. Each day 175 during any portion of which such violation occurs constitutes a 176 separate offense. 177 (4) AAnyperson who commits a violation specified in 178 paragraph (1)(a) or paragraph (1)(b) due to reckless 179 indifference or gross careless disregard commitsis guilty ofa 180 misdemeanor of the second degree, punishable as provided in ss. 181 775.082(4)(b) and 775.083(1)(g), by a fine of not more than 182 $10,000$5,000or 60 days in jail, or by both, for each offense. 183 (5) AAnyperson who willfully commits a violation 184 specified in paragraph (1)(b) or who commits a violation 185 specified in paragraph (1)(c) commitsisguilty ofa misdemeanor 186 of the first degree, punishable as provided in ss. 775.082(4)(a) 187 and 775.083(1)(g), by a fine of not more than $10,000 or by 6 188 months in jail, or by both, for each offense. 189 Section 7. Paragraphs (a) and (e) of subsection (5) of 190 section 376.065, Florida Statutes, are amended to read: 191 376.065 Operation of terminal facility without discharge 192 prevention and response certificate prohibited; penalty.— 193 (5)(a) A person who violates this section or the terms and 194 requirements of such certification commits a noncriminal 195 infraction. The civil penalty for any such infraction shall be 196 $750$500, except as otherwise provided in this section. 197 (e) A person who elects to appear before the county court 198 or who is required to so appear waives the limitations of the 199 civil penalty specified in paragraph (a). The court, after a 200 hearing, shall make a determination as to whether an infraction 201 has been committed. If the commission of the infraction is 202 proved, the court shall impose a civil penalty of $750$500. 203 Section 8. Paragraphs (a) and (e) of subsection (2) of 204 section 376.071, Florida Statutes, are amended to read: 205 376.071 Discharge contingency plan for vessels.— 206 (2)(a) A master of a vessel that violates subsection (1) 207 commits a noncriminal infraction and shall be cited for such 208 infraction. The civil penalty for such an infraction shall be 209 $7,500$5,000, except as otherwise provided in this subsection. 210 (e) A person who elects to appear before the county court 211 or who is required to appear waives the limitations of the civil 212 penalty specified in paragraph (a). The court, after a hearing, 213 shall make a determination as to whether an infraction has been 214 committed. If the commission of the infraction is proved, the 215 court shall impose a civil penalty of $7,500$5,000. 216 Section 9. Section 376.16, Florida Statutes, is amended to 217 read: 218 376.16 Enforcement and penalties.— 219 (1) It is unlawful for any person to violateany provision220ofss. 376.011-376.21 or any rule or order of the department 221 made pursuant to this act. A violation isshall bepunishable by 222 a civil penalty of up to $75,000$50,000per violation per day 223 to be assessed by the department. Each day during any portion of 224 which the violation occurs constitutes a separate offense. The 225 penalty provisions of this subsection doshallnot apply to any 226 discharge promptly reported and removed by a person responsible, 227 in accordance with the rules and orders of the department, or to 228 any discharge of pollutants equal to or less than 5 gallons. 229 (2) In addition to the penalty provisions which may apply 230 under subsection (1), a person responsible for two or more 231 discharges of any pollutant reported pursuant to s. 376.12 232 within a 12-month period at the same facility commits a 233 noncriminal infraction and shall be cited by the department for 234 such infraction. 235 (a) For discharges of gasoline or diesel over 5 gallons, 236 the civil penalty for the second discharge shall be $750$500237 and the civil penalty for each subsequent discharge within a 12 238 month period shall be $1,500$1,000, except as otherwise 239 provided in this section. 240 (b) For discharges of any pollutant other than gasoline or 241 diesel, the civil penalty for a second discharge shall be $3,750 242$2,500and the civil penalty for each subsequent discharge 243 within a 12-month period shall be $7,500$5,000, except as 244 otherwise provided in this section. 245 (3) A person responsible for two or more discharges of any 246 pollutant reported pursuant to s. 376.12 within a 12-month 247 period at the same facility commits a noncriminal infraction and 248 shall be cited by the department for such infraction. 249 (a) For discharges of gasoline or diesel equal to or less 250 than 5 gallons, the civil penalty shall be $75$50for each 251 discharge subsequent to the first. 252 (b) For discharges of pollutants other than gasoline or 253 diesel equal to or less than 5 gallons, the civil penalty shall 254 be $150$100for each discharge subsequent to the first. 255 (4) A person charged with a noncriminal infraction pursuant 256 to subsection (2) or subsection (3) may: 257 (a) Pay the civil penalty; 258 (b) Post a bond equal to the amount of the applicable civil 259 penalty; or 260 (c) Sign and accept a citation indicating a promise to 261 appear before the county court. 262 263 The department employee authorized to issue these citations may 264 indicate on the citation the time and location of the scheduled 265 hearing and shall indicate the applicable civil penalty. 266 (5) Any person who willfully refuses to post bond or accept 267 and sign a citation commits a misdemeanor of the second degree, 268 punishable as provided in s. 775.082 or s. 775.083. 269 (6) After compliance with paragraph (4)(b) or paragraph 270 (4)(c), any person charged with a noncriminal infraction under 271 subsection (2) or subsection (3) may: 272 (a) Pay the civil penalty, either by mail or in person, 273 within 30 days after the date of receiving the citation; or 274 (b) If the person has posted bond, forfeit the bond by not 275 appearing at the designated time and location. 276 277 A person cited for an infraction under this section who pays the 278 civil penalty or forfeits the bond has admitted the infraction 279 and waives the right to a hearing on the issue of commission of 280 the infraction. Such admission may not be used as evidence in 281 any other proceeding. 282 (7) Any person who elects to appear before the county court 283 or who is required to appear waives the limitations of the civil 284 penalties specified in subsection (2). The court, after a 285 hearing, shall make a determination as to whether an infraction 286 has been committed. If the commission of an infraction is 287 proved, the court may impose a civil penalty up to, but not 288 exceeding, $750$500for the second discharge of gasoline or 289 diesel and a civil penalty up to, but not exceeding, $1,500 290$1,000for each subsequent discharge of gasoline or diesel 291 within a 12-month period. 292 (8) Any person who elects to appear before the county court 293 or who is required to appear waives the limitations of the civil 294 penalties specified in subsection (2) or subsection (3). The 295 court, after a hearing, shall make a determination as to whether 296 an infraction has been committed. If the commission of an 297 infraction is proved, the court may impose a civil penalty up 298 to, but not exceeding, $7,500$5,000for the second discharge of 299 pollutants other than gasoline or diesel and a civil penalty up 300 to, but not exceeding, $15,000$10,000for each subsequent 301 discharge of pollutants other than gasoline or diesel within a 302 12-month period. 303 (9) At a hearing under this section, the commission of a 304 charged offense must be proved by the greater weight of the 305 evidence. 306 (10) A person who is found by a hearing official to have 307 committed an infraction may appeal that finding to the circuit 308 court. 309 (11) Any person who has not posted bond and who neither 310 pays the applicable civil penalty, as specified in subsection 311 (2) or subsection (3) within 30 days of receipt of the citation 312 nor appears before the court commits a misdemeanor of the second 313 degree, punishable as provided in s. 775.082 or s. 775.083. 314 (12) Any person who makes or causes to be made a false 315 statement thatwhichthe person does not believe to be true in 316 response to requirements ofthe provisions ofss. 376.011-376.21 317 commits a felony of the second degree, punishable as provided in 318 s. 775.082, s. 775.083, or s. 775.084. 319 Section 10. Paragraph (a) of subsection (6) of section 320 376.25, Florida Statutes, is amended to read: 321 376.25 Gambling vessels; registration; required and 322 prohibited releases.— 323 (6) PENALTIES.— 324 (a) A person who violates this section is subject to a 325 civil penalty of not more than $75,000$50,000for each 326 violation. Each day during any portion of which such violation 327 occurs constitutes a separate offense. 328 Section 11. Paragraph (a) of subsection (1) of section 329 377.37, Florida Statutes, is amended to read: 330 377.37 Penalties.— 331 (1)(a) Any person who violatesany provision ofthis law or 332 any rule, regulation, or order of the division made under this 333 chapter or who violates the terms of any permit to drill for or 334 produce oil, gas, or other petroleum products referred to in s. 335 377.242(1) or to store gas in a natural gas storage facility, or 336 any lessee, permitholder, or operator of equipment or facilities 337 used in the exploration for, drilling for, or production of oil, 338 gas, or other petroleum products, or storage of gas in a natural 339 gas storage facility, who refuses inspection by the division as 340 provided in this chapter, is liable to the state for any damage 341 caused to the air, waters, or property, including animal, plant, 342 or aquatic life, of the state and for reasonable costs and 343 expenses of the state in tracing the source of the discharge, in 344 controlling and abating the source and the pollutants, and in 345 restoring the air, waters, and property, including animal, 346 plant, and aquatic life, of the state. Furthermore, such person, 347 lessee, permitholder, or operator is subject to the judicial 348 imposition of a civil penalty in an amount of not more than 349 $15,000$10,000for each offense. However, the court may receive 350 evidence in mitigation. Each day during any portion of which 351 such violation occurs constitutes a separate offense. This 352 section does notNothing herein shallgive the department the 353 right to bring an action on behalf of any private person. 354 Section 12. Subsection (2) of section 378.211, Florida 355 Statutes, is amended to read: 356 378.211 Violations; damages; penalties.— 357 (2) The department may institute a civil action in a court 358 of competent jurisdiction to impose and recover a civil penalty 359 for violation of this part or of any rule adopted or order 360 issued pursuant to this part. The penalty mayshallnot exceed 361 the following amounts, and the court shall consider evidence in 362 mitigation: 363 (a) For violations of a minor or technical nature, $150 364$100per violation. 365 (b) For major violations by an operator on which a penalty 366 has not been imposed under this paragraph during the previous 5 367 years, $1,500$1,000per violation. 368 (c) For major violations not covered by paragraph (b), 369 $7,500$5,000per violation. 370 371 Subject tothe provisions ofsubsection (4), each day or any 372 portion thereof in which the violation continues shall 373 constitute a separate violation. 374 Section 13. Subsection (2) of section 403.086, Florida 375 Statutes, is amended to read: 376 403.086 Sewage disposal facilities; advanced and secondary 377 waste treatment.— 378 (2) Any facilities for sanitary sewage disposal shall 379 provide for secondary waste treatment and, in addition thereto, 380 advanced waste treatment as deemed necessary and ordered by the 381 Department of Environmental Protection. Failure to conform shall 382 be punishable by a civil penalty of $750$500for each 24-hour 383 day or fraction thereof that such failure is allowed to continue 384 thereafter. 385 Section 14. Section 403.121, Florida Statutes, is amended 386 to read: 387 403.121 Enforcement; procedure; remedies.—The department 388 shall have the following judicial and administrative remedies 389 available to it for violations of this chapter, as specified in 390 s. 403.161(1). 391 (1) Judicial remedies: 392 (a) The department may institute a civil action in a court 393 of competent jurisdiction to establish liability and to recover 394 damages for any injury to the air, waters, or property, 395 including animal, plant, and aquatic life, of the state caused 396 by any violation. 397 (b) The department may institute a civil action in a court 398 of competent jurisdiction to impose and to recover a civil 399 penalty for each violation in an amount of not more than $15,000 400$10,000per offense. However, the court may receive evidence in 401 mitigation. Each day during any portion of which such violation 402 occurs constitutes a separate offense. 403 (c) Except as provided in paragraph (2)(c), it isshallnot 404bea defense to, or ground for dismissal of, these judicial 405 remedies for damages and civil penalties that the department has 406 failed to exhaust its administrative remedies, has failed to 407 serve a notice of violation, or has failed to hold an 408 administrative hearing prior to the institution of a civil 409 action. 410 (2) Administrative remedies: 411 (a) The department may institute an administrative 412 proceeding to establish liability and to recover damages for any 413 injury to the air, waters, or property, including animal, plant, 414 or aquatic life, of the state caused by any violation. The 415 department may order that the violator pay a specified sum as 416 damages to the state. Judgment for the amount of damages 417 determined by the department may be entered in any court having 418 jurisdiction thereof and may be enforced as any other judgment. 419 (b) If the department has reason to believe a violation has 420 occurred, it may institute an administrative proceeding to order 421 the prevention, abatement, or control of the conditions creating 422 the violation or other appropriate corrective action. Except for 423 violations involving hazardous wastes, asbestos, or underground 424 injection, the department shall proceed administratively in all 425 cases in which the department seeks administrative penalties 426 that do not exceed $50,000$10,000per assessment as calculated 427 in accordance with subsections (3), (4), (5), (6), and (7). 428 Pursuant to 42 U.S.C. s. 300g-2, the administrative penalty 429 assessed pursuant to subsection (3), subsection (4), or 430 subsection (5) against a public water system serving a 431 population of more than 10,000 shall be not less than $1,000 per 432 day per violation. The department mayshallnot impose 433 administrative penalties in excess of $50,000$10,000in a 434 notice of violation. The department mayshallnot have more than 435 one notice of violation seeking administrative penalties pending 436 against the same party at the same time unless the violations 437 occurred at a different site or the violations were discovered 438 by the department subsequent to the filing of a previous notice 439 of violation. 440 (c) An administrative proceeding shall be instituted by the 441 department’s serving of a written notice of violation upon the 442 alleged violator by certified mail. If the department is unable 443 to effect service by certified mail, the notice of violation may 444 be hand delivered or personally served in accordance with 445 chapter 48. The notice shall specify theprovision of thelaw, 446 rule, regulation, permit, certification, or order of the 447 department alleged to be violated and the facts alleged to 448 constitute a violation thereof. An order for corrective action, 449 penalty assessment, or damages may be included with the notice. 450 When the department is seeking to impose an administrative 451 penalty for any violation by issuing a notice of violation, any 452 corrective action needed to correct the violation or damages 453 caused by the violation must be pursued in the notice of 454 violation or they are waived. However, annoorder is notshall455becomeeffective until after service and an administrative 456 hearing, if requested within 20 days after service. Failure to 457 request an administrative hearing within this time period 458 constitutesshall constitutea waiver thereof, unless the 459 respondent files a written notice with the department within 460 this time period opting out of the administrative process 461 initiated by the department to impose administrative penalties. 462 Any respondent choosing to opt out of the administrative process 463 initiated by the department in an action that seeks the 464 imposition of administrative penalties must file a written 465 notice with the department within 20 days after service of the 466 notice of violation opting out of the administrative process. A 467 respondent’s decision to opt out of the administrative process 468 does not preclude the department from initiating a state court 469 action seeking injunctive relief, damages, and the judicial 470 imposition of civil penalties. 471 (d) If a person timely files a petition challenging a 472 notice of violation, that person will thereafter be referred to 473 as the respondent. The hearing requested by the respondent shall 474 be held within 180 days after the department has referred the 475 initial petition to the Division of Administrative Hearings 476 unless the parties agree to a later date. The department has the 477 burden of proving with the preponderance of the evidence that 478 the respondent is responsible for the violation.No479 Administrative penalties should not be imposed unless the 480 department satisfies that burden. Following the close of the 481 hearing, the administrative law judge shall issue a final order 482 on all matters, including the imposition of an administrative 483 penalty. When the department seeks to enforce that portion of a 484 final order imposing administrative penalties pursuant to s. 485 120.69, the respondent mayshallnot assert as a defense the 486 inappropriateness of the administrative remedy. The department 487 retains its final-order authority in all administrative actions 488 that do not request the imposition of administrative penalties. 489 (e) After filing a petition requesting a formal hearing in 490 response to a notice of violation in which the department 491 imposes an administrative penalty, a respondent may request that 492 a private mediator be appointed to mediate the dispute by 493 contacting the Florida Conflict Resolution Consortium within 10 494 days after receipt of the initial order from the administrative 495 law judge. The Florida Conflict Resolution Consortium shall pay 496 all of the costs of the mediator and for up to 8 hours of the 497 mediator’s time per case at $150 per hour. Upon notice from the 498 respondent, the Florida Conflict Resolution Consortium shall 499 provide to the respondent a panel of possible mediators from the 500 area in which the hearing on the petition would be heard. The 501 respondent shall select the mediator and notify the Florida 502 Conflict Resolution Consortium of the selection within 15 days 503 of receipt of the proposed panel of mediators. The Florida 504 Conflict Resolution Consortium shall provide all of the 505 administrative support for the mediation process. The mediation 506 must be completed at least 15 days before the final hearing date 507 set by the administrative law judge. 508 (f) In any administrative proceeding brought by the 509 department, the prevailing party shall recover all costs as 510 provided in ss. 57.041 and 57.071. The costs must be included in 511 the final order. The respondent is the prevailing party when an 512 order is entered awarding no penalties to the department and 513 such order has not been reversed on appeal or the time for 514 seeking judicial review has expired. The respondent isshall be515 entitled to an award of attorney’s fees if the administrative 516 law judge determines that the notice of violation issued by the 517 department seeking the imposition of administrative penalties 518 was not substantially justified as defined in s. 57.111(3)(e). 519 AnNoaward of attorney’s fees as provided by this subsection 520 may notshallexceed $15,000. 521 (g) Nothing herein shall be construed as preventing any 522 other legal or administrative action in accordance with law. 523 Nothing in this subsection shall limit the department’s 524 authority provided in ss. 403.131, 403.141, and this section to 525 judicially pursue injunctive relief. When the department 526 exercises its authority to judicially pursue injunctive relief, 527 penalties in any amount up to the statutory maximum sought by 528 the department must be pursued as part of the state court action 529 and not by initiating a separate administrative proceeding. The 530 department retains the authority to judicially pursue penalties 531 in excess of $50,000$10,000for violations not specifically 532 included in the administrative penalty schedule, or for multiple 533 or multiday violations alleged to exceed a total of $50,000 534$10,000. The department also retains the authority provided in 535 ss. 403.131, 403.141, and this section to judicially pursue 536 injunctive relief and damages, if a notice of violation seeking 537 the imposition of administrative penalties has not been issued. 538 The department has the authority to enter into a settlement, 539 either before or after initiating a notice of violation, and the 540 settlement may include a penalty amount different from the 541 administrative penalty schedule. Any case filed in state court 542 because it is alleged to exceed a total of $50,000$10,000in 543 penalties may be settled in the court action for less than 544 $50,000$10,000. 545 (h) Chapter 120 appliesshall applyto any administrative 546 action taken by the department or any delegated program pursuing 547 administrative penalties in accordance with this section. 548 (3) Except for violations involving hazardous wastes, 549 asbestos, or underground injection, administrative penalties 550 must be calculated according to the following schedule: 551 (a) For a drinking water contamination violation, the 552 department shall assess a penalty of $3,000$2,000for a Maximum 553 Containment Level (MCL) violation; plus $1,500$1,000if the 554 violation is for a primary inorganic, organic, or radiological 555 Maximum Contaminant Level or it is a fecal coliform bacteria 556 violation; plus $1,500$1,000if the violation occurs at a 557 community water system; and plus $1,500$1,000if any Maximum 558 Contaminant Level is exceeded by more than 100 percent. For 559 failure to obtain a clearance letter prior to placing a drinking 560 water system into service when the system would not have been 561 eligible for clearance, the department shall assess a penalty of 562 $4,500$3,000. 563 (b) For failure to obtain a required wastewater permit, 564 other than a permit required for surface water discharge, the 565 department shall assess a penalty of $2,000$1,000. For a 566 domestic or industrial wastewater violation not involving a 567 surface water or groundwater quality violation, the department 568 shall assess a penalty of $4,000$2,000for an unpermitted or 569 unauthorized discharge or effluent-limitation exceedance. For an 570 unpermitted or unauthorized discharge or effluent-limitation 571 exceedance that resulted in a surface water or groundwater 572 quality violation, the department shall assess a penalty of 573 $10,000$5,000. Each day the cause of an unauthorized discharge 574 of domestic wastewater is not addressed constitutes a separate 575 offense. 576 (c) For a dredge and fill or stormwater violation, the 577 department shall assess a penalty of $1,500$1,000for 578 unpermitted or unauthorized dredging or filling or unauthorized 579 construction of a stormwater management system against the 580 person or persons responsible for the illegal dredging or 581 filling, or unauthorized construction of a stormwater management 582 system plus $3,000$2,000if the dredging or filling occurs in 583 an aquatic preserve, an Outstanding Florida Water, a 584 conservation easement, or a Class I or Class II surface water, 585 plus $1,500$1,000if the area dredged or filled is greater than 586 one-quarter acre but less than or equal to one-half acre, and 587 plus $1,500$1,000if the area dredged or filled is greater than 588 one-half acre but less than or equal to one acre. The 589 administrative penalty schedule doesshallnot apply to a dredge 590 and fill violation if the area dredged or filled exceeds one 591 acre. The department retains the authority to seek the judicial 592 imposition of civil penalties for all dredge and fill violations 593 involving more than one acre. The department shall assess a 594 penalty of $4,500$3,000for the failure to complete required 595 mitigation, failure to record a required conservation easement, 596 or for a water quality violation resulting from dredging or 597 filling activities, stormwater construction activities or 598 failure of a stormwater treatment facility. For stormwater 599 management systems serving less than 5 acres, the department 600 shall assess a penalty of $3,000$2,000for the failure to 601 properly or timely construct a stormwater management system. In 602 addition to the penalties authorized in this subsection, the 603 department shall assess a penalty of $7,500$5,000per violation 604 against the contractor or agent of the owner or tenant that 605 conducts unpermitted or unauthorized dredging or filling. For 606 purposes of this paragraph, the preparation or signing of a 607 permit application by a person currently licensed under chapter 608 471 to practice as a professional engineer doesshallnot make 609 that person an agent of the owner or tenant. 610 (d) For mangrove trimming or alteration violations, the 611 department shall assess a penalty of $7,500$5,000per violation 612 against the contractor or agent of the owner or tenant that 613 conducts mangrove trimming or alteration without a permit as 614 required by s. 403.9328. For purposes of this paragraph, the 615 preparation or signing of a permit application by a person 616 currently licensed under chapter 471 to practice as a 617 professional engineer doesshallnot make that person an agent 618 of the owner or tenant. 619 (e) For solid waste violations, the department shall assess 620 a penalty of $3,000$2,000for the unpermitted or unauthorized 621 disposal or storage of solid waste; plus $1,000 if the solid 622 waste is Class I or Class III (excluding yard trash) or if the 623 solid waste is construction and demolition debris in excess of 624 20 cubic yards, plus $1,500$1,000if the waste is disposed of 625 or stored in any natural or artificial body of water or within 626 500 feet of a potable water well, plus $1,500$1,000if the 627 waste contains PCB at a concentration of 50 parts per million or 628 greater; untreated biomedical waste; friable asbestos greater 629 than 1 cubic meter which is not wetted, bagged, and covered; 630 used oil greater than 25 gallons; or 10 or more lead acid 631 batteries. The department shall assess a penalty of $4,500 632$3,000for failure to properly maintain leachate control; 633 unauthorized burning; failure to have a trained spotter on duty 634 at the working face when accepting waste; or failure to provide 635 access control for three consecutive inspections. The department 636 shall assess a penalty of $3,000$2,000for failure to construct 637 or maintain a required stormwater management system. 638 (f) For an air emission violation, the department shall 639 assess a penalty of $1,500$1,000for an unpermitted or 640 unauthorized air emission or an air-emission-permit exceedance, 641plus $1,000 if the emission results in an air quality violation,642 plus $4,500$3,000if the emission was from a major source and 643 the source was major for the pollutant in violation; plus $1,500 644$1,000if the emission was more than 150 percent of the 645 allowable level. 646 (g) For storage tank system and petroleum contamination 647 violations, the department shall assess a penalty of $7,500 648$5,000for failure to empty a damaged storage system as 649 necessary to ensure that a release does not occur until repairs 650 to the storage system are completed; when a release has occurred 651 from that storage tank system; for failure to timely recover 652 free product; or for failure to conduct remediation or 653 monitoring activities until a no-further-action or site 654 rehabilitation completion order has been issued. The department 655 shall assess a penalty of $4,500$3,000for failure to timely 656 upgrade a storage tank system. The department shall assess a 657 penalty of $3,000$2,000for failure to conduct or maintain 658 required release detection; failure to timely investigate a 659 suspected release from a storage system; depositing motor fuel 660 into an unregistered storage tank system; failure to timely 661 assess or remediate petroleum contamination; or failure to 662 properly install a storage tank system. The department shall 663 assess a penalty of $1,500$1,000for failure to properly 664 operate, maintain, or close a storage tank system. 665 (4) In an administrative proceeding, in addition to the 666 penalties that may be assessed under subsection (3), the 667 department shall assess administrative penalties according to 668 the following schedule: 669 (a) For failure to satisfy financial responsibility 670 requirements or for violation of s. 377.371(1), $7,500$5,000. 671 (b) For failure to install, maintain, or use a required 672 pollution control system or device, $6,000$4,000. 673 (c) For failure to obtain a required permit before 674 construction or modification, $4,500$3,000. 675 (d) For failure to conduct required monitoring or testing; 676 failure to conduct required release detection; or failure to 677 construct in compliance with a permit, $3,000$2,000. 678 (e) For failure to maintain required staff to respond to 679 emergencies; failure to conduct required training; failure to 680 prepare, maintain, or update required contingency plans; failure 681 to adequately respond to emergencies to bring an emergency 682 situation under control; or failure to submit required 683 notification to the department, $1,500$1,000. 684 (f) Except as provided in subsection (2) with respect to 685 public water systems serving a population of more than 10,000, 686 for failure to prepare, submit, maintain, or use required 687 reports or other required documentation, $750$500. 688 (5) Except as provided in subsection (2) with respect to 689 public water systems serving a population of more than 10,000, 690 for failure to comply with any other departmental regulatory 691 statute or rule requirement not otherwise identified in this 692 section, the department may assess a penalty of $1,000$500. 693 (6) For each additional day during which a violation 694 occurs, the administrative penalties in subsectionssubsection695 (3),subsection(4), andsubsection(5) may be assessed per day 696 per violation. 697 (7) The history of noncompliance of the violator for any 698 previous violation resulting in an executed consent order, but 699 not including a consent order entered into without a finding of 700 violation, or resulting in a final order or judgment after the 701 effective date of this law involving the imposition of $3,000 702$2,000or more in penalties shall be taken into consideration in 703 the following manner: 704 (a) One previous such violation within 5 years prior to the 705 filing of the notice of violation will result in a 25-percent 706 per day increase in the scheduled administrative penalty. 707 (b) Two previous such violations within 5 years prior to 708 the filing of the notice of violation will result in a 50 709 percent per day increase in the scheduled administrative 710 penalty. 711 (c) Three or more previous such violations within 5 years 712 prior to the filing of the notice of violation will result in a 713 100-percent per day increase in the scheduled administrative 714 penalty. 715 (8) The direct economic benefit gained by the violator from 716 the violation, where consideration of economic benefit is 717 provided by Florida law or required by federal law as part of a 718 federally delegated or approved program, shall be added to the 719 scheduled administrative penalty. The total administrative 720 penalty, including any economic benefit added to the scheduled 721 administrative penalty, mayshallnot exceed $15,000$10,000. 722 (9) The administrative penalties assessed for any 723 particular violation mayshallnot exceed $10,000$5,000against 724 any one violator, unless the violator has a history of 725 noncompliance, the economic benefit of the violation as 726 described in subsection (8) exceeds $10,000$5,000, or there are 727 multiday violations. The total administrative penalties may 728shallnot exceed $50,000$10,000per assessment for all 729 violations attributable to a specific person in the notice of 730 violation. 731 (10) The administrative law judge may receive evidence in 732 mitigation. The penalties identified in subsectionssubsection733 (3),subsection(4), andsubsection(5) may be reduced up to 50 734 percent by the administrative law judge for mitigating 735 circumstances, including good faith efforts to comply prior to 736 or after discovery of the violations by the department. Upon an 737 affirmative finding that the violation was caused by 738 circumstances beyond the reasonable control of the respondent 739 and could not have been prevented by respondent’s due diligence, 740 the administrative law judge may further reduce the penalty. 741 (11) Penalties collected pursuant to this section shall be 742 deposited into the Water Quality Assurance Trust Fund or other 743 trust fund designated by statute and shall be used to fund the 744 restoration of ecosystems, or polluted areas of the state, as 745 defined by the department, to their condition before pollution 746 occurred. The Florida Conflict Resolution Consortium may use a 747 portion of the fund to administer the mediation process provided 748 in paragraph (2)(e) and to contract with private mediators for 749 administrative penalty cases. 750 (12) The purpose of the administrative penalty schedule and 751 process is to provide a more predictable and efficient manner 752 for individuals and businesses to resolve relatively minor 753 environmental disputes. Subsections (3)-(7) maySubsection (3),754subsection (4), subsection (5), subsection (6), or subsection755(7)shallnot be construed as limiting a state court in the 756 assessment of damages. The administrative penalty schedule does 757 not apply to the judicial imposition of civil penalties in state 758 court as provided in this section. 759 Section 15. Subsection (1) of section 403.141, Florida 760 Statutes, is amended to read: 761 403.141 Civil liability; joint and several liability.— 762 (1) A person whoWhoevercommits a violation specified in 763 s. 403.161(1) is liable to the state for any damage caused to 764 the air, waters, or property, including animal, plant, or 765 aquatic life, of the state and for reasonable costs and expenses 766 of the state in tracing the source of the discharge, in 767 controlling and abating the source and the pollutants, and in 768 restoring the air, waters, and property, including animal, 769 plant, and aquatic life, of the state to their former condition, 770 and furthermore is subject to the judicial imposition of a civil 771 penalty for each offense in an amount of not more than $15,000 772$10,000per offense. However, the court may receive evidence in 773 mitigation. Each day during any portion of which such violation 774 occurs constitutes a separate offense. If a violation is an 775 unauthorized discharge of domestic wastewater, each day the 776 cause of the violation is not addressed constitutes a separate 777 offense until the violation is resolved by order or judgment. 778 Nothing herein givesshall givethe department the right to 779 bring an action on behalf of any private person. 780 Section 16. Subsections (2) through (5) of section 403.161, 781 Florida Statutes, are amended to read: 782 403.161 Prohibitions, violation, penalty, intent.— 783 (2) A person whoWhoevercommits a violation specified in 784 subsection (1) is liable to the state for any damage caused and 785 for civil penalties as provided in s. 403.141. 786 (3) AAnyperson who willfully commits a violation 787 specified in paragraph (1)(a) commitsis guilty ofa felony of 788 the third degree, punishable as provided in ss. 775.082(3)(e) 789 and 775.083(1)(g) by a fine of not more than $50,000 or by 790 imprisonment for 5 years, or by both, for each offense. Each day 791 during any portion of which such violation occurs constitutes a 792 separate offense. 793 (4) AAnyperson who commits a violation specified in 794 paragraph (1)(a) or paragraph (1)(b) due to reckless 795 indifference or gross careless disregard commitsis guilty ofa 796 misdemeanor of the second degree, punishable as provided in ss. 797 775.082(4)(b) and 775.083(1)(g) by a fine of not more than 798 $10,000$5,000or by 60 days in jail, or by both, for each 799 offense. 800 (5) AAnyperson who willfully commits a violation 801 specified in paragraph (1)(b) or who commits a violation 802 specified in paragraph (1)(c) commitsisguilty ofa misdemeanor 803 of the first degree punishable as provided in ss. 775.082(4)(a) 804 and 775.083(1)(g) by a fine of not more than $10,000 or by 6 805 months in jail, or by both for each offense. 806 Section 17. Paragraph (a) of subsection (6) of section 807 403.413, Florida Statutes, is amended to read: 808 403.413 Florida Litter Law.— 809 (6) PENALTIES; ENFORCEMENT.— 810 (a) Any person who dumps litter in violation of subsection 811 (4) in an amount not exceeding 15 pounds in weight or 27 cubic 812 feet in volume and not for commercial purposes commitsis guilty813ofa noncriminal infraction, punishable by a civil penalty of 814 $150$100, from which $50 shall be deposited into the Solid 815 Waste Management Trust Fund to be used for the solid waste 816 management grant program pursuant to s. 403.7095. In addition, 817 the court may require the violator to pick up litter or perform 818 other labor commensurate with the offense committed. 819 Section 18. Subsection (5) of section 403.7234, Florida 820 Statutes, is amended to read: 821 403.7234 Small quantity generator notification and 822 verification program.— 823 (5) Any small quantity generator who does not comply with 824 the requirements of subsection (4) and who has received a 825 notification and survey in person or through one certified 826 letter from the county is subject to a fine of between $75$50827 and $150$100per day for a maximum of 100 days. The county may 828 collect such fines and deposit them in its general revenue fund. 829 Fines collected by the county shall be used to carry out the 830 notification and verification procedure established in this 831 section. If there are excess funds after the notification and 832 verification procedures have been completed, such funds shall be 833 used for hazardous and solid waste management purposes only. 834 Section 19. Subsection (3) of section 403.726, Florida 835 Statutes, is amended to read: 836 403.726 Abatement of imminent hazard caused by hazardous 837 substance.— 838 (3) An imminent hazard exists if any hazardous substance 839 creates an immediate and substantial danger to human health, 840 safety, or welfare or to the environment. The department may 841 institute action in its own name, using the procedures and 842 remedies of s. 403.121 or s. 403.131, to abate an imminent 843 hazard. However, the department is authorized to recover a civil 844 penalty of not more than $37,500$25,000for each day of 845 continued violation. Whenever serious harm to human health, 846 safety, and welfare; the environment; or private or public 847 property may occur prior to completion of an administrative 848 hearing or other formal proceeding thatwhichmight be initiated 849 to abate the risk of serious harm, the department may obtain, ex 850 parte, an injunction without paying filing and service fees 851 prior to the filing and service of process. 852 Section 20. Paragraph (a) of subsection (3) of section 853 403.727, Florida Statutes, is amended to read: 854 403.727 Violations; defenses, penalties, and remedies.— 855 (3) Violations of the provisions of this act are punishable 856 as follows: 857 (a) Any person who violatesthe provisions ofthis act, the 858 rules or orders of the department, or the conditions of a permit 859 is liable to the state for any damages specified in s. 403.141 860 and for a civil penalty of not more than $75,000$50,000for 861 each day of continued violation, except as otherwise provided 862 herein. The department may revoke any permit issued to the 863 violator. In any action by the department against a small 864 hazardous waste generator for the improper disposal of hazardous 865 wastes, a rebuttable presumption of improper disposal shall be 866 created if the generator was notified pursuant to s. 403.7234; 867 the generator shall then have the burden of proving that the 868 disposal was proper. If the generator was not so notified, the 869 burden of proving improper disposal shall be placed upon the 870 department. 871 Section 21. Subsection (8) of section 403.93345, Florida 872 Statutes, is amended to read: 873 403.93345 Coral reef protection.— 874 (8) In addition to the compensation described in subsection 875 (5), the department may assess, per occurrence, civil penalties 876 according to the following schedule: 877 (a) For any anchoring of a vessel on a coral reef or for 878 any other damage to a coral reef totaling less than or equal to 879 an area of 1 square meter, $225$150, provided that a 880 responsible party who has anchored a recreational vessel as 881 defined in s. 327.02 which is lawfully registered or exempt from 882 registration pursuant to chapter 328 is issued, at least once, a 883 warning letter in lieu of penalty; with aggravating 884 circumstances, an additional $225$150; occurring within a state 885 park or aquatic preserve, an additional $225$150. 886 (b) For damage totaling more than an area of 1 square meter 887 but less than or equal to an area of 10 square meters, $450$300888 per square meter; with aggravating circumstances, an additional 889 $450$300per square meter; occurring within a state park or 890 aquatic preserve, an additional $450$300per square meter. 891 (c) For damage exceeding an area of 10 square meters, 892 $1,500$1,000per square meter; with aggravating circumstances, 893 an additional $1,500$1,000per square meter; occurring within a 894 state park or aquatic preserve, an additional $1,500$1,000per 895 square meter. 896 (d) For a second violation, the total penalty may be 897 doubled. 898 (e) For a third violation, the total penalty may be 899 tripled. 900 (f) For any violation after a third violation, the total 901 penalty may be quadrupled. 902 (g) The total of penalties levied may not exceed $375,000 903$250,000per occurrence. 904 Section 22. Section 125.569, Florida Statutes, is created 905 to read: 906 125.569 Sanitary sewer lateral inspection program.— 907 (1) As used in this section, the term “sanitary sewer 908 lateral” means a privately owned pipeline connecting a property 909 to the main sewer line which is maintained and repaired by the 910 property owner. 911 (2) By July 1, 2022, counties are encouraged to establish 912 an evaluation and rehabilitation program for sanitary sewer 913 laterals on residential and commercial properties within the 914 county’s jurisdiction to identify and reduce extraneous flow 915 from leaking sanitary sewer laterals. At a minimum, the program 916 may do all of the following: 917 (a) Establish a system to identify defective, damaged, or 918 deteriorated sanitary sewer laterals on residential and 919 commercial properties within the jurisdiction of the county. 920 (b) Consider economical methods for a property owner to 921 repair or replace a defective, damaged, or deteriorated sanitary 922 sewer lateral. 923 (c) Establish and maintain a publicly accessible database 924 to store information concerning properties where a defective, 925 damaged, or deteriorated sanitary sewer lateral has been 926 identified. For each property, the database must include, but is 927 not limited to, the address of the property, the names of any 928 persons the county notified concerning the faulty sanitary sewer 929 lateral, and the date and method of such notification. 930 Section 23. Section 166.0481, Florida Statutes, is created 931 to read: 932 166.0481 Sanitary sewer lateral inspection program.— 933 (1) As used in this section, the term “sanitary sewer 934 lateral” means a privately owned pipeline connecting a property 935 to the main sewer line which is maintained and repaired by the 936 property owner. 937 (2) By July 1, 2022, municipalities are encouraged to 938 establish an evaluation and rehabilitation program for sanitary 939 sewer laterals on residential and commercial properties within 940 the municipality’s jurisdiction to identify and reduce 941 extraneous flow from leaking sanitary sewer laterals. At a 942 minimum, the program may do all of the following: 943 (a) Establish a system to identify defective, damaged, or 944 deteriorated sanitary sewer laterals on residential and 945 commercial properties within the jurisdiction of the 946 municipality. 947 (b) Consider economical methods for a property owner to 948 repair or replace a defective, damaged, or deteriorated sanitary 949 sewer lateral. 950 (c) Establish and maintain a publicly accessible database 951 to store information concerning properties where a defective, 952 damaged, or deteriorated sanitary sewer lateral has been 953 identified. For each property, the database must include, but is 954 not limited to, the address of the property, the names of any 955 persons the municipality notified concerning the faulty sanitary 956 sewer lateral, and the date and method of such notification. 957 Section 24. Section 689.301, Florida Statutes, is created 958 to read: 959 689.301 Disclosure of known defects in sanitary sewer 960 laterals to prospective purchaser.—Before executing a contract 961 for sale, a seller of real property shall disclose to a 962 prospective purchaser any defects in the property’s sanitary 963 sewer lateral which are known to the seller. As used in this 964 section, the term “sanitary sewer lateral” means the privately 965 owned pipeline connecting a property to the main sewer line. 966 Section 25. Subsection (5) of s. 823.11, Florida Statutes, 967 is reenacted for the purpose of incorporating the amendment made 968 by this act to s. 376.16, Florida Statutes, in a reference 969 thereto. 970 Section 26. Subsection (5) of s. 403.077, subsection (2) of 971 s. 403.131, paragraph (d) of subsection (3) of s. 403.4154, and 972 subsection (5) of s. 403.860, Florida Statutes, are reenacted 973 for the purpose of incorporating the amendment made by this act 974 to s. 403.121, Florida Statutes, in references thereto. 975 Section 27. Subsection (10) of s. 403.708, subsection (7) 976 of s. 403.7191, and s. 403.811, Florida Statutes, are reenacted 977 for the purpose of incorporating the amendment made by this act 978 to s. 403.141, Florida Statutes, in references thereto. 979 Section 28. Subsection (2) of s. 403.7255, Florida 980 Statutes, is reenacted for the purpose of incorporating the 981 amendment made by this act to s. 403.161, Florida Statutes, in a 982 reference thereto. 983 Section 29. Subsection (8) of s. 403.7186, Florida 984 Statutes, is reenacted for the purpose of incorporating the 985 amendments made by this act to ss. 403.141 and 403.161, Florida 986 Statutes, in references thereto. 987 Section 30. This act shall take effect July 1, 2020.