HomeMy WebLinkAboutExhibit 4viable capability to perform essential functions during any emergency or other situation
that disrupts normal operations.
(b) The plan must include, at a minimum, the following elements: identification of
essential functions, programs, and personnel; procedures to implement the plan and
personnel notification and accountability; delegations of authority and lines of
succession; identification of alternative facilities and related infrastructure, including
those for communications; identification and protection of vital records and databases;
and schedules and procedures for periodic tests, training, and exercises.
(c) The division shall develop and distribute guidelines for developing and implementing
the plan. Each agency is encouraged to initiate and complete development of its plan
immediately, but no later than July 1, 2003.
(4) The head of each agency shall notify the Governor and the division in writing of the
person initially designated as the emergency coordination officer for such agency and her
or his alternate and of any changes in persons so designated thereafter.
History.--s. 13, ch. 93-211; s. 130, ch. 95-148; s. 71, ch. 99-245; s. 1, ch. 2002-43.
252.37 Financing.--
(1) The Legislature intends and declares it to be the policy of the state that funds to meet
emergencies shall always be available.
(2) It is the legislative intent that the first recourse be made to funds regularly
appropriated to state and local agencies. If the Governor finds that the demands placed
upon these funds in coping with a particular disaster declared by the Governor as a state
of emergency are unreasonably great, she or he may make funds available by transferring
and expending moneys appropriated for other purposes, by transferring and expending
moneys out of any unappropriated surplus funds, or from the Budget Stabilization Fund
or Working Capital Fund. Following the expiration or termination of the state of
emergency, the Governor may process a budget amendment under the notice and review
procedures set forth in s. 216.177 to transfer moneys to satisfy the budget authority
granted for such emergency.
(3) Nothing contained in this section shall be construed to limit the authority of the
Governor to apply for, administer, and expend any grants, gifts, or payments in aid of
emergency prevention, mitigation, preparedness, response, or recovery.
(4)(a) Whenever the Federal Government or any agency or officer thereof offers to the
state or, through the state, to any political subdivision thereof services, equipment,
supplies, materials, or funds by way of gift, grant, or loan for the purposes of emergency
management, the state, acting through the division, or such political subdivision, acting
with the consent of the Governor or the Governor's authorized representative, may accept
such offer. Upon such acceptance, the division or the presiding officer or governing body
of such political subdivision may authorize receipt of the gift, grant, or loan on behalf of
the state or such political subdivision, subject to the terms of the offer and the rules and
regulations of the agency making the offer.
(b) Whenever any person, firm, or corporation offers to the state or to any political
subdivision thereof services, equipment, supplies, materials, or funds by way of gift,
grant, loan, or other agreement for the purpose of emergency management, the state,
acting through the division, or such political subdivision, acting through its governing
body or a local emergency management agency, may accept such offer. Upon such
acceptance, the division or the presiding officer or governing body of the political
subdivision may authorize receipt of the gift, grant, or loan on behalf of the state or such
political subdivision, subject to the terms of the offer.
History.--s. 1, ch. 74-285; s. 20, ch. 83-334; s. 5, ch. 93-128; s. 131, ch. 95-148; s. 14, ch.
98-73; s. 52, ch. 2000-371.
252.371 Emergency Management, Preparedness, and Assistance Trust Fund. --There is
created the Emergency Management, Preparedness, and Assistance Trust Fund to be
administered by the Department of Community Affairs.
History.--s. 1, ch. 93-128.
252.372 Imposition and collection of surcharge. --In order to provide funds for
emergency management, preparedness, and assistance, an annual surcharge of $2 per
policy shall be imposed on every homeowner's, mobile home owner's, tenant
homeowner's, and condominium unit owner's policy, and an annual $4 surcharge shall be
imposed on every commercial fire, commercial multiple peril, and business owner's
property insurance policy, issued or renewed on or after May 1, 1993. The surcharge
shall be paid by the policyholder to the insurer. The insurer shall collect the surcharge
and remit it to the Department of Revenue, which shall collect, administer, audit, and
enforce the surcharge pursuant to s. 624.5092. The surcharge is not to be considered
premiums of the insurer; however, nonpayment of the surcharge by the insured may be a
valid reason for cancellation of the policy. All proceeds of the surcharge shall be
deposited in the Emergency Management, Preparedness, and Assistance Trust Fund and
may not be used to supplant existing funding.
History.--s. 2, ch. 93-128.
1252.373 Allocation of funds; rules.--
(1)(a) Funds appropriated from the Emergency Management, Preparedness, and
Assistance Trust Fund shall be allocated by the Department of Community Affairs for the
following purposes:
1. To implement and administer state and local emergency management programs,
including administration, training, and operations.
2. For grants and loans to state or regional agencies, local governments, and private
organizations to implement projects that will further state and local emergency
management objectives. These projects must include, but need not be limited to, projects
that will promote public education on disaster preparedness and recovery issues, enhance
coordination of relief efforts of statewide private sector organizations, and improve the
training and operations capabilities of agencies assigned lead or support responsibilities
in the state comprehensive emergency management plan, including the State Fire
Marshal's Office for coordinating the Florida fire services. The division shall establish
criteria and procedures for competitive allocation of these funds by rule. No more than 5
percent of any award made pursuant to this subparagraph may be used for administrative
expenses. This competitive criteria must give priority consideration to hurricane
evacuation shelter retrofit projects.
3. To meet any matching requirements imposed as a condition of receiving federal
disaster relief assistance.
(b) Notwithstanding the provisions of paragraph (a), and for the 2003-2004 fiscal year
only, the use of the Emergency Management, Preparedness, and Assistance Trust Fund
shall be as provided in the General Appropriations Act. This paragraph expires on July 1,
2004.
(c) Notwithstanding the provisions of paragraph (a), and for the 2003-2004 fiscal year
only, the Department of Community Affairs shall conduct a review of funds available in
the Emergency Management, Preparedness, and Assistance Trust Fund. By December 31,
2003, when actual receipts for the 2002-2003 fiscal year are determined, the Department
of Community Affairs may identify any funds that were unspent or unencumbered in the
2002-2003 fiscal year, and such funds may be transferred to the Grants and Donations
Trust Fund to be used for the state portion of the match requirements for federally
approved disaster projects. This paragraph expires July 1, 2004.
(2) The department shall allocate funds from the Emergency Management, Preparedness,
and Assistance Trust Fund to local emergency management agencies and programs
pursuant to criteria specified in rule. Such rules shall include, but are not limited to:
(a) Requiring that, at a minimum, a local emergency management agency either:
1. Have a program director who works at least 40 hours a week in that capacity; or
2. If the county has fewer than 75,000 population or is party to an interjurisdictional
emergency management agreement entered into pursuant to s. 252.38(3)(b), that is
recognized by the Governor by executive order or rule, have an emergency management
coordinator who works at least 20 hours a week in that capacity.
(b) Specifying a formula that establishes a base grant allocation and weighted factors for
funds to be allocated over the base grant amount.
(c) Specifying match requirements.
(d) Preferential funding to provide incentives to counties and municipalities to
participate in mutual aid agreements.
(3) If adequate funds are available as determined by the division, every county shall
receive funds at least sufficient to fund a dedicated, full-time emergency preparedness
officer position.
History.--s. 3, ch. 93-128; s. 11, ch. 98-258; s. 7, ch. 2000-140; s. 54, ch. 2000-171; ss.
42, 53, ch. 2001-254; ss. 53, 79, ch. 2002-402; s. 72, ch. 2003-399; s. 4, ch. 2004-235; s.
48, ch. 2004-269.
1Note.--Section 48, ch. 2004-269, amended s. 252.373 "[i]n order to implement Specific
Appropriation 1496 of the 2004-2005 General Appropriations Act."
252.38 Emergency management powers of political subdivisions. --Safeguarding the life
and property of its citizens is an innate responsibility of the governing body of each
political subdivision of the state.
(1) COUNTIES. --
(a) In order to provide effective and orderly governmental control and coordination of
emergency operations in emergencies within the scope of ss. 252.31-252.90, each county
within this state shall be within the jurisdiction of, and served by, the division. Except as
otherwise provided in ss. 252.31-252.90, each local emergency management agency shall
have jurisdiction over and serve an entire county. Unless part of an interjurisdictional
emergency management agreement entered into pursuant to paragraph (3)(b) which is
recognized by the Governor by executive order or rule, each county must establish and
maintain such an emergency management agency and shall develop a county emergency
management plan and program that is coordinated and consistent with the state
comprehensive emergency management plan and program. Counties that are part of an
interjurisdictional emergency management agreement entered into pursuant to paragraph
(3)(b) which is recognized by the Governor by executive order or rule shall cooperatively
develop an emergency management plan and program that is coordinated and consistent
with the state comprehensive emergency management plan and program.
(b) Each county emergency management agency created and established pursuant to ss.
252.31-252.90 shall have a director. The director must meet the minimum training and
education qualifications established in a job description approved by the county. The
director shall be appointed by the board of county commissioners or the chief
administrative officer of the county, as described in chapter 125 or the county charter, if
applicable, to serve at the pleasure of the appointing authority, in conformance with
applicable resolutions, ordinances, and laws. A county constitutional officer, or an
employee of a county constitutional officer, may be appointed as director following prior
notification to the division. Each board of county commissioners shall promptly inform
the division of the appointment of the director and other personnel. Each director has
direct responsibility for the organization, administration, and operation of the county
emergency management agency. The director shall coordinate emergency management
activities, services, and programs within the county and shall serve as liaison to the
division and other local emergency management agencies and organizations.
(c) Each county emergency management agency shall perform emergency management
functions within the territorial limits of the county within which it is organized and, in
addition, shall conduct such activities outside its territorial limits as are required pursuant
to ss. 252.31-252.90 and in accordance with state and county emergency management
plans and mutual aid agreements. Counties shall serve as liaison for and coordinator of
municipalities' requests for state and federal assistance during postdisaster emergency
operations.
(d) During a declared state or local emergency and upon the request of the director of a
local emergency management agency, the district school board or school boards in the
affected area shall participate in emergency management by providing facilities and
necessary personnel to staff such facilities. Each school board providing transportation
assistance in an emergency evacuation shall coordinate the use of its vehicles and
personnel with the local emergency management agency.
(e) County emergency management agencies may charge and collect fees for the review
of emergency management plans on behalf of external agencies and institutions. Fees
must be reasonable and may not exceed the cost of providing a review of emergency
management plans in accordance with fee schedules established by the division.
(2) MUNICIPALITTIES.--Legally constituted municipalities are authorized and
encouraged to create municipal emergency management programs. Municipal emergency
management programs shall coordinate their activities with those of the county
emergency management agency. Municipalities without emergency management
programs shall be served by their respective county agencies. If a municipality elects to
establish an emergency management program, it must comply with all laws, rules, and
requirements applicable to county emergency management agencies. Each municipal
emergency management plan must be consistent with and subject to the applicable county
emergency management plan. In addition, each municipality must coordinate requests for
state or federal emergency response assistance with its county. This requirement does not
apply to requests for reimbursement under federal public disaster assistance programs.
(3) EMERGENCY MANAGEMENT POWERS; POLITICAL SUBDIVISIONS. --
(a) In carrying out the provisions of ss. 252.31-252.90, each political subdivision shall
have the power and authority:
1. To appropriate and expend funds; make contracts; obtain and distribute equipment,
materials, and supplies for emergency management purposes; provide for the health and
safety of persons and property, including emergency assistance to the victims of any
emergency; and direct and coordinate the development of emergency management plans
and programs in accordance with the policies and plans set by the federal and state
emergency management agencies.
2. To appoint, employ, remove, or provide, with or without compensation, coordinators,
rescue teams, fire and police personnel, and other emergency management workers.
3. To establish, as necessary, a primary and one or more secondary emergency operating
centers to provide continuity of government and direction and control of emergency
operations.
4. To assign and make available for duty the offices and agencies of the political
subdivision, including the employees, property, or equipment thereof relating to
firefighting, engineering, rescue, health, medical and related services, police,
transportation, construction, and similar items or services for emergency operation
purposes, as the primary emergency management forces of the political subdivision for
employment within or outside the political limits of the subdivision.
5. To request state assistance or invoke emergency -related mutual -aid assistance by
declaring a state of local emergency in the event of an emergency affecting only one
political subdivision. The duration of each state of emergency declared locally is limited
to 7 days; it may be extended, as necessary, in 7-day increments. Further, the political
subdivision has the power and authority to waive the procedures and formalities
otherwise required of the political subdivision by law pertaining to:
a. Performance of public work and taking whatever prudent action is necessary to ensure
the health, safety, and welfare of the community.
b. Entering into contracts.
c. Incurring obligations.
d. Employment of permanent and temporary workers.
e. Utilization of volunteer workers.
f. Rental of equipment.
g. Acquisition and distribution, with or without compensation, of supplies, materials, and
facilities.
h. Appropriation and expenditure of public funds.
(b) Upon the request of two or more adjoining counties, or if the Governor finds that two
or more adjoining counties would be better served by an interjurisdictional arrangement
than by maintaining separate emergency management agencies and services, the
Governor may delineate by executive order or rule an interjurisdictional area adequate to
plan for, prevent, mitigate, or respond to emergencies in such area and may direct steps to
be taken as necessary, including the creation of an interjurisdictional relationship, a joint
emergency plan, a provision for mutual aid, or an area organization for emergency
planning and services. A finding of the Governor pursuant to this paragraph shall be
based on one or more factors related to the difficulty of maintaining an efficient and
effective emergency prevention, mitigation, preparedness, response, and recovery system
on a unijurisdictional basis, such as:
1. Small or sparse population.
2. Limitations on public financial resources severe enough to make maintenance of a
separate emergency management agency and services unreasonably burdensome.
3. Unusual vulnerability to emergencies as evidenced by a past history of emergencies,
topographical features, drainage characteristics, emergency potential, and presence of
emergency -prone facilities or operations.
4. The interrelated character of the counties in a multicounty area.
5. Other relevant conditions or circumstances.
History.--s. 1, ch. 74-285; s. 1, ch. 77-174; s. 22, ch. 81-169; s. 21, ch. 83-334; s. 102, ch.
92-279; s. 55, ch. 92-326; s. 14, ch. 93-211; s. 132, ch. 95-148; s. 5, ch. 2000-140; s. 34,
ch. 2001-61.
252.385 Public shelter space.--
(1) It is the intent of the Legislature that this state not have a deficit of safe public
hurricane evacuation shelter space in any region of the state by 1998 and thereafter.
(2) The division shall administer a program to survey existing schools, universities,
community colleges, and other state-owned, municipally owned, and county -owned
public buildings and any private facility that the owner, in writing, agrees to provide for
use as a public hurricane evacuation shelter to identify those that are appropriately
designed and located to serve as such shelters. The owners of the facilities must be given
the opportunity to participate in the surveys. The 1Board of Regents, district school
boards, community college boards of trustees, and the Department of Education are
responsible for coordinating and implementing the survey of public schools, universities,
and community colleges with the division or the local emergency management agency.
(3) The division shall annually provide to the President of the Senate, the Speaker of the
House of Representatives, and the Governor a list of facilities recommended to be
retrofitted using state funds. State funds should be maximized and targeted to regional
planning council regions with hurricane evacuation shelter deficits. Retrofitting facilities
in regions with public hurricane evacuation shelter deficits shall be given first priority
and should be completed by 2003. All recommended facilities should be retrofitted by
2008. The owner or lessee of a public hurricane evacuation shelter that is included on the
list of facilities recommended for retrofitting is not required to perform any
recommended improvements.
(4)(a) Public facilities, including schools, postsecondary education facilities, and other
facilities owned or leased by the state or local governments, but excluding hospitals or
nursing homes, which are suitable for use as public hurricane evacuation shelters shall be
made available at the request of the local emergency management agencies. Such
agencies shall coordinate with the appropriate school board, university, community
college, or local governing board when requesting the use of such facilities as public
hurricane evacuation shelters.
(b) The Department of Management Services shall incorporate provisions for the use of
suitable leased public facilities as public hurricane evacuation shelters into lease
agreements for state agencies. Suitable leased public facilities include leased public
facilities that are solely occupied by state agencies and have at least 2,000 square feet of
net floor area in a single room or in a combination of rooms having a minimum of 400
square feet in each room. The net square footage of floor area must be determined by
subtracting from the gross square footage the square footage of spaces such as
mechanical and electrical rooms, storage rooms, open corridors, restrooms, kitchens,
science or computer laboratories, shop or mechanical areas, administrative offices,
records vaults, and crawl spaces.
(c) The Department of Management Services shall, in consultation with local and state
emergency management agencies, assess Department of Management Services facilities
to identify the extent to which each facility has public hurricane evacuation shelter space.
The Department of Management Services shall submit proposed facility retrofit projects
that incorporate hurricane protection enhancements to the department for assessment and
inclusion in the annual report prepared in accordance with subsection (3).
History.--s. 16, ch. 93-211; s. 6, ch. 2000-140.
1Note.--Abolished by s. 3, ch. 2001-170.
252.39 Local services.--
(1) Whenever the employees of any political subdivision are rendering outside aid
pursuant to the authority contained in s. 252.38, such employees shall have the same
powers, duties, rights, privileges, and immunities as if they were performing their duties
in the political subdivisions in which they are normally employed.
(2)(a) The political subdivision in which any equipment is used pursuant to this section
shall be liable for any loss or damage thereto and shall pay any expense incurred in the
operation and maintenance thereof. No claim for such loss, damage, or expense shall be
allowed unless an itemized notice of such claim under oath is served by mail or otherwise
upon the chief fiscal officer of the political subdivision in which the equipment was used
within 60 days after the loss, damage, or expense is sustained or incurred.
(b) The political subdivision which is aided pursuant to this section shall also pay and
reimburse the political subdivision furnishing such aid for compensation paid to
employees furnished under this section during the time of the rendition of such aid and
shall defray the actual travel and maintenance expenses of such employees while they are
rendering such aid. Such reimbursement shall include any amounts paid or due for
compensation due to personal injury or death while such employees are engaged in
rendering such aid. The term "employee" as used in this section means, and the
provisions of this section apply with equal effect to, paid, volunteer, and auxiliary
employees and emergency management services workers.
History.--s. 1, ch. 74-285; s. 22, ch. 83-334.
252.40 Mutual aid arrangements.--
(1) The governing body of each political subdivision of the state is authorized to develop
and enter into mutual aid agreements within the state for reciprocal emergency aid and
assistance in case of emergencies too extensive to be dealt with unassisted. Copies of
such agreements shall be sent to the division. Such agreements shall be consistent with
the state comprehensive emergency management plan and program, and in time of
emergency it shall be the duty of each local emergency management agency to render
assistance in accordance with the provisions of such mutual aid agreements to the fullest
possible extent.
(2) The Governor may enter into a compact with any state if she or he finds that joint
action with that state is desirable in meeting common intergovernmental problems of
emergency management planning or emergency prevention, mitigation, response, and
recovery.
History.--s. 1, ch. 74-285; s. 23, ch. 83-334; s. 56, ch. 85-80; s. 133, ch. 95-148.
252.41 Emergency management support forces.--
(1) The division is authorized to provide, within or without the state, such support from
available personnel, equipment, and other resources of state agencies and the political
subdivisions of the state as may be necessary to reinforce emergency management
agencies in areas stricken by emergency. Such support shall be rendered with due
consideration of the plans of the Federal Government, this state, the other states, and of
the criticalness of the existing situation. Emergency management support forces shall be
called to duty upon orders of the division and shall perform functions in any part of the
state or, upon the conditions specified in this section, in other states.
(2) Personnel of emergency management support forces while on duty, whether within or
without the state, shall:
(a) If they are employees of the state, have the powers, duties, rights, privileges, and
immunities, and receive the compensation, incidental to their employment.
(b) If they are employees of a political subdivision of the state, whether serving within or
without such political subdivision, have the powers, duties, rights, privileges, and
immunities, and receive the compensation, incidental to their employment.
(c) If they are not employees of the state or a political subdivision thereof, they shall be
entitled to the same rights and immunities as are provided by law for the employees of
this state and to such compensation as may be fixed by the division. All personnel of
emergency management support forces shall, while on duty, be subject to the operational
control of the authority in charge of emergency management activities in the area in
which they are serving and shall be reimbursed for all actual and necessary travel and
subsistence expenses to the extent of funds available.
History.--s. 1, ch. 74-285; s. 24, ch. 83-334.
252.42 Government equipment, services, and facilities. --In the event of any emergency,
the division may make available any equipment, services, or facilities owned or
organized by the state or its political subdivisions for use in the affected area upon
request of the duly constituted authority of the area or upon the request of any recognized
and accredited relief agency through such duly constituted authority.
History.--s. 1, ch. 74-285; s. 25, ch. 83-334.
252.43 Compensation.--
(1) Compensation for services or for the taking or use of property shall be owed only to
the extent that a claimant may not be deemed to have volunteered her or his services or
property without compensation and only to the extent that such taking exceeds the legal
responsibility of a claimant to render such services or make such property so available.
(2) Compensation owed for personal services shall be only such as may be fixed by the
division.
(3) Compensation for property shall be owed only if the property was commandeered or
otherwise used in coping with an emergency and its use or destruction was ordered by the
Governor or a member of the emergency forces of this state.
(4) Any person claiming compensation for the use, damage, loss, or destruction of
property under ss. 252.31-252.60 shall file a claim therefor with the division in the form
and manner that the division provides.
(5) Unless the amount of compensation owed on account of property damaged, lost, or
destroyed is agreed between the claimant and the division, the amount of compensation
shall be calculated in the same manner as compensation due for a taking of property
pursuant to the condemnation laws of this state.
(6) Nothing in this section applies to or authorizes compensation for the destruction or
damaging of standing timber or other property in order to provide a firebreak or damage
resulting from the release of waters or the breach of impoundments in order to reduce
pressure or other danger from actual or threatened flood or applies to or authorizes
compensation beyond the extent of funds available for such compensation.
History.--s. 1, ch. 74-285; s. 1, ch. 77-174; s. 26, ch. 83-334; s. 134, ch. 95-148.
252.44 Emergency mitigation.--
(1) In addition to prevention measures included in the state and local comprehensive
emergency management plans, the Governor shall consider on a continuing basis steps
that could be taken to mitigate the harmful consequences of emergencies. At the
Governor's direction and pursuant to any other authority and competence they have, state
agencies, including, but not limited to, those charged with responsibilities in connection
with flood plain management, stream encroachment and flow regulation, weather
modification, fire prevention and control, air quality, public works, land use and land use
planning, and construction standards, shall make studies of emergency -mitigation -related
matters. The Governor, from time to time, shall make such recommendations to the
Legislature, local governments, and other appropriate public and private entities as may
facilitate measures for mitigation of the harmful consequences of emergencies.
(2) The appropriate state agencies, in conjunction with the division, shall keep land uses
and construction of structures and other facilities under continuing study and identify
areas which ate particularly susceptible to severe land shifting, subsidence, flood, or
other catastrophic occurrence, manmade or natural. The studies under this subsection
shall concentrate on means of reducing or avoiding the dangers caused by these
occurrences or the consequences thereof.
(3) If the division believes, on the basis of the studies or other competent evidence, that
an area is susceptible to an emergency of catastrophic proportions without adequate
warning; that existing building standards and land use controls in that area are inadequate
and could add substantially to the magnitude of the emergency; and that changes in
zoning regulations, other land use regulations, or building requirements are essential in
order to further the purposes of this section, it shall specify the essential changes to the
Governor. If the Governor upon review of the recommendation finds after public hearing
that changes are essential, she or he shall so recommend to the agencies or political
subdivisions with jurisdiction over the area and subject matter. If no action, or
insufficient action, pursuant to her or his recommendations is taken within the time
specified by the Governor, she or he shall so inform the Legislature and request
legislative action appropriate to mitigate the impact of such an emergency.
History.--s. 1, ch. 74-285; s. 27, ch. 83-334; s. 135, ch. 95-148.
252.45 Lease or loan of state property; transfer of state personnel. --Notwithstanding any
inconsistent provision of law:
(1) Whenever the Governor deems it to be in the public interest, she or he may:
(a) Authorize any department or agency of the state to lease or lend, on such terms and
conditions as it may deem necessary to promote the public welfare and protect the
interests of the state, any real or personal property of the state government to the
President, the heads of the Armed Forces, or the various federal emergency management
agencies of the United States.
(b) Enter into a contract on behalf of the state for the lease or loan to any political
subdivision of the state, on such terms and conditions as she or he may deem necessary to
promote the public welfare and protect the interests of the state, of any real or personal
property of the state government or the temporary transfer or employment of personnel of
the state government to or by any political subdivision of the state.
(2) The governing body of each political subdivision of the state may:
(a) Enter into such contract or lease with the state, accept any such loan, or employ such
personnel, and such political subdivision may equip, maintain, utilize, and operate any
such property and employ necessary personnel therefor in accordance with the purposes
for which such contract is executed.
(b) Do all things and perform any and all acts which it may deem necessary to effectuate
the purpose for which such contract was entered into.
History.--s. 1, ch. 74-285; s. 28, ch. 83-334; s. 136, ch. 95-148.
252.46 Orders and rules.--
(1) In accordance with the provisions of chapter 120, the political subdivisions of the
state and other agencies designated or appointed by the Governor or in the state
comprehensive emergency management plan are authorized and empowered to make,
amend, and rescind such orders and rules as are necessary for emergency management
purposes and to supplement the carrying out of the provisions of ss. 252.31-252.90, but
which are not inconsistent with any orders or rules adopted by the division or by any state
agency exercising a power delegated to it by the Governor or the division.
(2) All orders and rules adopted by the division or any political subdivision or other
agency authorized by ss. 252.31-252.90 to make orders and rules have full force and
effect of law after adoption in accordance with the provisions of chapter 120 in the event
of issuance by the division or any state agency or, if promulgated by a political
subdivision of the state or agency thereof, when filed in the office of the clerk or recorder
of the political subdivision or agency promulgating the same. All existing laws,
ordinances, and rules inconsistent with the provisions of ss. 252.31-252.90, or any order
or rule issued under the authority of ss. 252.31-252.90, shall be suspended during the
period of time and to the extent that such conflict exists.
(3) In order to attain uniformity so far as practicable throughout the country in measures
taken to aid emergency management, all action taken under ss. 252.31-252.90 and all
orders and rules made pursuant to such sections shall be taken or made with due
consideration of the orders, rules, actions, recommendations, and requests of federal
authorities relevant thereto and, to the extent permitted by law, shall be consistent with
such orders, rules, actions, recommendations, and requests.
History.--s. 1, ch. 74-285; s. 1, ch. 77-174; s. 12, ch. 78-95; s. 23, ch. 81-169; s. 29, ch.
83-334; s. 18, ch. 93-211; s. 35, ch. 2001-61.
252.47 Enforcement. --The law enforcement authorities of the state and the political
subdivisions thereof shall enforce the orders and rules issued pursuant to ss. 252.31-
252.90.
History.--s. 1, ch. 74-285; s. 30, ch. 83-334; s. 19, ch. 93-211; s. 36, ch. 2001-61.
252.50 Penalties. --Any person violating any provision of ss. 252.31-252.90 or any rule
or order made pursuant to ss. 252.31-252.90 is guilty of a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
History.--s. 1, ch. 74-285; s. 31, ch. 83-334; s. 20, ch. 93-211; s. 37, ch. 2001-61.
252.51 Liability. --Any person or organization, public or private, owning or controlling
real estate or other premises who voluntarily and without compensation, other than
payment or reimbursement of costs and expenses, grants a license or privilege or
otherwise permits the designation by the local emergency management agency or use of
the whole or any part of such real estate or premises for the purpose of sheltering persons
during an actual, impending, mock, or practice emergency, together with her or his
successor in interest, if any, shall not be liable for the death of, or injury to, any person on
or about such real estate or premises during the actual, impending, mock, or practice
emergency, or for loss of, or damage to, the property of such person, solely by reason or
as a result of such license, privilege, designation, or use, unless the gross negligence or
the willful and wanton misconduct of such person owning or controlling such real estate
or premises or her or his successor in interest is the proximate cause of such death, injury,
loss, or damage occurring during such sheltering period. Any such person or organization
who provides such shelter space for compensation shall be deemed to be an
instrumentality of the state or its applicable agency or subdivision for the purposes of s.
768.28.
History.--s. 1, ch. 74-285; s. 32, ch. 83-334; s. 137, ch. 95-148; s. 8, ch. 2000-140.
252.52 Liberality of construction. --Sections 252.31-252.90 shall be construed liberally in
order to effectuate their purposes.
History.--s. 1, ch. 74-285; s. 33, ch. 83-334; s. 21, ch. 93-211; s. 38, ch. 2001-61.
252.55 Civil Air Patrol, Florida Wing.--
(1) The Florida Wing of the Civil Air Patrol, an auxiliary of the United States Air Force,
shall be recognized as a nonprofit, educational, and emergency -management -related
organization and shall be eligible to purchase materials from the various surplus
warehouses of the state.
(2) Funds shall be appropriated annually from the Emergency Management,
Preparedness, and Assistance Trust Fund for the purpose of acquisition, installation,
conditioning, and maintenance of the Florida Wing of the Civil Air Patrol. However, no
part of the annual appropriation shall be expended for the purchase of uniforms or
personal effects of members of the organization or for compensation or salary to such
members.
(3) The wing commander of the Florida Wing of the Civil Air Patrol may employ
administrative help and purchase educational materials for the training of Florida youth
for which funds from the annual appropriation may be used.
(4) Purchase of aircraft shall be limited to not more than $15,000 per year, and not more
than $15,000 per year may be placed in a building reserve fund toward acquisition of a
permanent state headquarters and operations facility.
(5) The wing commander of the Florida Wing of the Civil Air Patrol shall furnish the
Bureau of Emergency Management an annual projection of the goals and objectives of
the Civil Air Patrol for the following year. These will be reported to the Governor in the
annual report of the division on February 1 of each year.
History.--ss. 1, 2, 3, 4, ch. 74-333; s. 34, ch. 83-334; s. 13, ch. 96-423; s. 31, ch. 98-34.
252.60 Radiological emergency preparedness.--
(1) PURPOSE AND INTENT. --It is the purpose of this section to establish the means by
which certain radiological emergency response plans and preparedness requirements of
the United States Nuclear Regulatory Commission and the Federal Emergency
Management Agency can be developed and tested by the state, the appropriate counties,
and each operator licensed by the United States Nuclear Regulatory Commission to
operate a commercial nuclear electric generating facility. It is the expressed intent of the
Legislature that no department, commission, agency, or political subdivision of the state
be considered to have assumed or be responsible for the funding of any activity or
program required by this section from any sources of funds other than those specifically
identified in this section.
(2) DEFINITIONS. --For the purposes of this section, the following terms shall have the
meanings indicated:
(a) "Facility" means a commercial nuclear electric generating reactor operated for the
purpose of providing heat to produce electricity for sale to persons other than the owner
of the facility.
(b) "Operator" means that person who has applied for or who has been granted a license
by the United States Nuclear Regulatory Commission for the operation of a facility.
(c) "Appropriate county" means a county which is required by the United States Nuclear
Regulatory Commission or the Federal Emergency Management Agency to be designated
a risk or a host county.
(d) "Plans" means the radiological emergency response plans and preparedness in
support of nuclear power plants requirements, including facilities and equipment,
currently contained in NUREG-0654 and FEMA-REP-1 or as may be required by
cognizant federal agencies in the future.
(3) EMERGENCY RESPONSE PLANS. --In addition to the other plans required by this
chapter, the division shall develop, prepare, test, and implement as needed, in conjunction
with the appropriate counties and the affected operator, such radiological emergency
response plans and preparedness requirements as may be imposed by the United States
Nuclear Regulatory Commission or the Federal Emergency Management Agency as a
requirement for obtaining or continuing the appropriate licenses for a commercial nuclear
electric generating facility.
(4) POWERS AND DUTIES. --In implementing the requirements of this section, the
secretary of the department, or the secretary's designated representative, shall:
(a) Negotiate and enter into such additional contracts and arrangements among the
division, appropriate counties, and each operator to provide for the level of funding and
the respective roles of each in the development, preparation, testing, and implementation
of the plans.
(b) Evaluate and determine the adequacy of the plans based upon consultations with the
United States Nuclear Regulatory Commission and other agencies, as appropriate, and
upon the results of such tests as may be conducted.
(c) Limited to such funding as is available based upon the requirements of subsection
(5), require the participation of appropriate counties and operators in the development,
preparation, testing, or implementation of the plans as needed.
(d) Determine the reasonableness and adequacy of the provisions, terms, and conditions
of the plans and, in the event the appropriate counties and the operators cannot agree,
resolve such differences and require compliance by the appropriate counties and the
operators with the plans. In resolving such differences, the secretary shall consider:
1. The requirements and parameters placed on the operators by federal law and agencies;
2. The reasonableness and adequacy of the funding for appropriate counties from any
sources of funds other than local revenue sources; and
3. The reasonableness and appropriateness of the costs to the appropriate counties likely
to be incurred in complying with provisions, terms, and conditions of the plans.
(e) Receive, expend, and disburse such funds as are made available by each licensee
pursuant to this section.
(f) Limited to such funding as is available based upon the requirements of subsection (5),
coordinate all activities undertaken pursuant to this section or required of appropriate
counties and operators by any federal or state agency.
(5) FUNDING. --All funds for the implementation of this section shall be provided by the
operators as required by subsection (4), except that operators may enter into bilateral
agreements with other state agencies or appropriate counties when necessary. No political
subdivision of the state shall be considered to have obligated or consented to have
obligated any funds from any local revenue source whatsoever by complying with the
provisions of this section.
History.--s. 29, ch. 82-186; s. 9, ch. 84-241; s. 138, ch. 95-148.
252.61 List of persons for contact relating to release of toxic substances into
atmosphere. --The Department of Community Affairs shall maintain a list of contact
persons after the survey pursuant to ls. 403.771 is completed.
History.--s. 13, ch. 85-269; s. 3, ch. 85-277; s. 71, ch. 87-224.
1Note.--Repealed by s. 4, ch. 90-74.
252.62 Director of Office of Financial Regulation; powers in a state of emergency.--
(1) It is the purpose and intent of this section to provide the Director of the Office of
Financial Regulation of the Financial Services Commission the authority to make
temporary modifications to or suspensions of the financial institutions codes in order to
expedite the recovery of communities affected by a disaster or other emergency and in
order to encourage financial institutions to meet the credit, deposit, and other financial
needs of such communities.
(2)(a) When the Governor declares a state of emergency pursuant to s. 252.36, the
Director of the Office of Financial Regulation may issue:
1. One or more general orders applicable to all financial institutions that are subject to
the financial institutions codes and that serve any portion of the area of the state under the
state of emergency; or
2. One or more specific orders to particular financial institutions that are subject to the
financial institution codes and that normally derive more than 60 percent of their deposits
from persons in the area of the state under the state of emergency,
which orders may modify or suspend, as to those institutions, all or any part of the
financial institutions codes, as defined in s. 655.005, or any applicable rule, consistent
with the stated purposes of the financial institutions codes and with maintaining the
safety and soundness of the financial institutions system in this state.
(b) An order issued by the director under this section becomes effective upon issuance
and continues for 120 days unless it is terminated by the director. The director may
extend an order for one additional period of 120 days if he or she determines that the
emergency conditions that gave rise to the initial order still exist. The Legislature, by
concurrent resolution, may terminate any order issued under this section.
(3) The director shall publish, in the next available publication of the Florida
Administrative Weekly, a copy of the text of any order issued under this section, together
with a statement describing the modification or suspension and explaining how the
modification or suspension will facilitate recovery from the emergency and maintain the
safety and soundness of financial institutions in this state.
History.--s. 1, ch. 93-47; s. 270, ch. 2003-261.
PART II
FLORIDA HAZARDOUS MATERIALS EMERGENCY
RESPONSE AND COMMUNITY RIGHT -TO -KNOW
ACT OF 1988
252.81 Short title.
252.82 Definitions.
252.83 Powers and duties of the department.
252.84 Funding.
252.85 Fees.
252.86 Penalties and remedies.
252.87 Supplemental state reporting requirements.
252.88 Public records.
252.89 Tort liability.
252.90 Commission and committee duties.
252.81 Short title. --Part II of this chapter, consisting of ss. 252.81-252.91, may be cited
as the "Florida Hazardous Materials Emergency Response and Community Right -to -
Know Act of 1988."
History.--s. 1, ch. 88-200; s. 1, ch. 92-150.
252.82 Definitions. --As used in this part:
(1) "Commission" means the State Hazardous Materials Emergency Response
Commission created pursuant to s. 301 of EPCRA.
(2) "Committee" means any local emergency planning committee established in the state
pursuant to s. 301 of EPCRA.
(3) "Department" means the Department of Community Affairs.
(4) "Facility" means facility as defined in s. 329 of EPCRA. Vehicles placarded
according to title 49 Code of Federal Regulations shall not be considered a facility except
for purposes of s. 304 of EPCRA.
(5) "Hazardous material" means any hazardous chemical, toxic chemical, or extremely
hazardous substance, as defined in s. 329 of EPCRA.
(6) "EPCRA" means the Emergency Planning and Community Right -to -Know Act of
1986, title III of the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
No. 99-499, ss. 300-329, 42 U.S.C. ss. 11001 et seq.; and federal regulations adopted
thereunder.
(7) "Trust fund" means the Operating Trust Fund of the Department of Community
Affairs.
History.--s. 1, ch. 88-200; s. 2, ch. 92-150; s. 36, ch. 93-120; s. 4, ch. 2000-118; s. 23, ch.
2000-152.
252.83 Powers and duties of the department.--
(1) The department shall have the authority:
(a) To coordinate its activities under this part with its other emergency management
responsibilities, including its responsibilities under part I of this chapter, and activities
and with the related activities of other agencies, keeping separate accounts for all
activities supported or partially supported from the Operating Trust Fund.
(b) To make rules, with the advice and consent of the commission, to implement this
part.
(2) The department shall provide administrative support, including staff, facilities,
materials, and services, to the commission and shall provide funding to the committees to
enable the commission and the committees to perform their functions under EPCRA and
this part.
(3) The department and the commission, to the extent possible, shall use the emergency
planning capabilities of local governments to reduce duplication and paperwork to
achieve the intent of this part. It is the intent of the Legislature that this part be
implemented in the most cost-efficient manner possible, with the least possible financial
impact on local government and the community.
History.--s. 1, ch. 88-200; s. 3, ch. 92-150; s. 37, ch. 93-120; s. 38, ch. 2000-158.
252.84 Funding.--
(1) It is the intent of the Legislature that the state activities and expenditures under this
part be self-sustaining, supported primarily by the fees provided in this part.
(2) All fees and penalties collected pursuant to this part shall be deposited in the
Operating Trust Fund.
History.--s. 1, ch. 88-200; s. 35, ch. 93-120.
252.85 Fees.--
(1) Any owner or operator of a facility required under s. 302 or s. 312 of EPCRA, or by
s. 252.87, to submit a notification or an annual inventory form to the commission shall be
required to pay an annual registration fee. The fee for any company, including all
facilities under common ownership or control, shall not be less than $25 nor more than
$2,000. The department shall establish a reduced fee, of not less than $25 nor more than
$500, applicable to any owner or operator regulated under part I of chapter 368, chapter
527, or s. 376.303, which does not have present any extremely hazardous substance, as
defined by EPCRA, in excess of a threshold planning quantity, as established by EPCRA.
The department shall establish a reduced fee of not less than $25 nor more than $1,000,
applicable to any owner or operator of a facility with a Standard Industrial Classification
Code of 01, 02, or 07, which is eligible for the "routine agricultural use" exemption
provided in ss. 311 and 312 of EPCRA. The fee under this subsection shall be based on
the number of employees employed within the state at facilities under the common
ownership or control of such owner or operator, which number shall be determined, to the
extent possible, in accordance with data supplied by the 1Department of Labor and
Employment Security. In order to avoid the duplicative reporting of seasonal and
temporary agricultural employees, fees applicable to owners or operators of agricultural
facilities, which are eligible for the "routine agricultural use" reporting exemption
provided in ss. 311 and 312 of EPCRA, shall be based on employee data which most
closely reflects such owner or operator's permanent nonseasonal workforce. The
department shall establish by rule the date by which the fee is to be paid, as well as a
formula or method of determining the applicable fee under this subsection without regard
to the number of facilities under common ownership or control. The department may
require owners or operators of multiple facilities to demonstrate common ownership or
control for purposes of this subsection.
(2) Any owner or operator of a facility required to notify or who has notified the
commission under s. 302 of EPCRA shall pay a one-time filing fee of $50. Such fee shall
be due at the time of initial notification. The fee under this subsection shall not be
required for any agricultural facilities with a Standard Industrial Classification Code of
01, 02, or 07 subject to the notification or annual inventory form requirement solely
because of the presence of EPCRA listed substances in temporary or portable storage
units located at the facility for less than 48 consecutive hours.
(3) Any owner or operator of a facility that is required to submit a report or filing under
s. 313 of EPCRA shall pay an annual reporting fee not to exceed $150 for those s. 313
EPCRA listed substances in effect on January 1, 1998. The department shall establish by
rule the date by which the fee is to be paid, as well as a formula or method of determining
the applicable fee under this subsection.
(4)(a) The department may assess a late fee for the failure to submit a report or filing that
substantially complies with the requirements of EPCRA or s. 252.87 by the specified date
or for failure to pay any fee, including any late fee, required by this section. This late fee
shall be in addition to the fee otherwise imposed pursuant to this section. If the
department elects to impose a late fee, it shall provide the owner or operator with a
written notice that identifies the specific requirements which have not been met and
advises of its intent to assess a late fee.
(b) The department may impose a late fee, subject to the limitations set forth below:
1. If the report, filing, or fee is submitted within 30 days after the receipt of the
department's notice, no late fee may be assessed.
2. If the report, filing, or fee is not submitted within 30 days after the receipt of the
department's notice, the department may impose a late fee in an amount equal to the
amount of the annual registration fee, filing fee, or s. 313 fee due, not to exceed $2,000.
3. If the report, filing, or fee is not submitted within 90 days after the receipt of the
department's notice, the department may issue a second notice. If the report, filing, or fee
is not submitted within 30 days after receipt of the department's second notice, the
department may assess a second late fee in an amount equal to twice the amount of the
annual registration fee, filing fee, or s. 313 fee due, not to exceed $4,000.
4. The department may consider, but is not limited to considering, the following factors
in assessing late fees: good faith attempt to comply; history of noncompliance; ability to
pay or continue in business; threat to health and safety posed by noncompliance; and
degree of culpability.
(5) The department shall establish by rule the dates by which the fee is to be paid, as well
as a formula or method of determining the facility registration fee and late fee.
History.--s. 1, ch. 88-200; s. 1, ch. 90-82; ss. 4, 9, ch. 92-150; ss. 1, 4, ch. 96-308; s. 35,
ch. 97-100; s. 3, ch. 98-193.
1Note.--Section 69, ch. 2002-194, repealed s. 20.171, which created the Department of
Labor and Employment Security.
252.86 Penalties and remedies.--
(1) The owner or operator of a facility, an employer, or any other person submitting
written information pursuant to EPCRA or this part to the commission, a committee, or a
fire department shall be liable for a civil penalty of $5,000 for each item of information in
the submission that is false, if such person knew or should have known the information
was false or if such person submitted the information with reckless disregard of its truth
or falsity. The department may institute a civil action in a court of competent jurisdiction
to impose and recover a civil penalty for the amount indicated in this subsection.
However, the court may receive evidence in mitigation.
(2) Any person who knowingly and willfully provides false information or causes false
information to be provided pursuant to EPCRA or this part to the commission, a
committee, or a fire department in writing, with the intent to mislead the commission,
committee, or fire department in the performance of its official duties, shall be guilty of a
felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Any provision of s. 325 or s. 326 of EPCRA which creates a federal cause of action
shall create a corresponding cause of action under state law, with jurisdiction in the
circuit courts. Any provision of s. 325 or s. 326 of EPCRA which imposes or authorizes
the imposition of a civil penalty by the Administrator of the Environmental Protection
Agency, or which creates a liability to the United States, shall impose or authorize the
imposition of such a penalty by the department or create such a liability to and for the
benefit of the state, to be paid into the Operating Trust Fund. Venue shall be proper in the
county where the violation occurred or where the defendant has its principal place of
business.
(4) No action may be commenced under this section if the administrator of the United
States Environmental Protection Agency has commenced and is diligently pursuing an
administrative order or civil action to enforce the specific requirement concerned or to
impose a civil penalty under EPCRA with respect to a violation of that requirement.
History.--s. 1, ch. 88-200; s. 5, ch. 92-150; s. 38, ch. 93-120.
252.87 Supplemental state reporting requirements.--
(1) The Legislature intends the reporting requirements of ss. 311 and 312 of EPCRA to
apply to both the manufacturing sector and the nonmanufacturing sector, as those terms
are used in federal regulations adopted by the Occupational Safety and Health
Administration and implemented in its Hazard Communications Standard. The
Legislature also intends that these reporting requirements apply to governmental bodies.
(2) The state reporting requirements set forth in this section are supplemental to the
federal reporting requirements of EPCRA. Nothing in this section shall be construed to
provide an exemption from or otherwise conflict with the requirements of EPCRA.
(3) As used in this section,
(a) "Governmental body" means the state, its political subdivisions, and all agencies and
instrumentalities thereof.
(b) "Employer" means:
1. Any governmental body; and
2. Any employer subject to the Hazard Communication Standard adopted by the
Occupational Safety and Health Administration as codified in 29 C.F.R. s. 1910.1200, as
amended by 52 F.R. 31,852, August 24, 1987. The term specifically includes those
employers subject to this standard in the manufacturing sector and the nonmanufacturing
sector.
(4) Each employer that owns or operates a facility in this state at which hazardous
materials are present in quantities at or above the thresholds established under ss. 311(b)
and 312(b) of EPCRA shall comply with the reporting requirements of ss. 311 and 312 of
EPCRA. Such employer shall also be responsible for notifying the department, the local
emergency planning committee, and the local fire department in writing within 30 days if
there is a discontinuance or abandonment of the employer's business activities that could
affect any stored hazardous materials.
(5) Compliance with any reporting requirements of EPCRA on or before the date
specified for compliance under EPCRA or federal regulations adopted thereunder, if any,
shall constitute compliance with the requirements of this section.
(6) Governmental bodies are exempt from the fees provided in s. 252.85(1).
(7) The department shall avoid duplicative reporting requirements by utilizing the
reporting requirements of other state agencies that regulate hazardous materials to the
extent feasible and shall request the information authorized under EPCRA. With the
advice and consent of the State Emergency Response Commission for Hazardous
Materials, the department may require by rule that the maximum daily amount entry on
the chemical inventory report required under s. 312 of EPCRA provide for reporting in
estimated actual amounts. The department may also require by rule an entry for the
Federal Employer Identification Number on this report. To the extent feasible, the
department shall encourage and accept required information in a form initiated through
electronic data interchange and shall describe by rule the format, manner of execution,
and method of electronic transmission necessary for using such form. To the extent
feasible, the Department of Financial Services, the Department of Agriculture and
Consumer Services, the Department of Environmental Protection, the Public Service
Commission, the Department of Revenue, the 1Department of Labor and Employment
Security, and other state agencies which regulate hazardous materials shall coordinate
with the department in order to avoid duplicative requirements contained in each agency's
respective reporting or registration forms. The other state agencies that inspect facilities
storing hazardous materials and suppliers and distributors of covered substances shall
assist the department in informing the facility owner or operator of the requirements of
this part. The department shall provide the other state agencies with the necessary
information and materials to inform the owners and operators of the requirements of this
part to ensure that the budgets of these agencies are not adversely affected.
History.--s. 1, ch. 88-200; s. 7, ch. 91-305; s. 6, ch. 92-150; s. 63, ch. 94-356; s. 2, ch.
2000-317; s. 271, ch. 2003-261.
1Note.--Section 69, ch. 2002-194, repealed s. 20.171, which created the Department of
Labor and Employment Security.
252.88 Public records.--
(1) Whenever EPCRA authorizes an employer to exclude trade secret information from
its submittals, the employer shall furnish the information so excluded to the commission
upon request. Such information shall be confidential and exempt from the provisions of s.
119.07(1). The commission shall not disclose such information except pursuant to a final
determination under s. 322 of EPCRA by the Administrator of the Environmental
Protection Agency that such information is not entitled to trade secret protection, or
pursuant to an order of court.
(2) Whenever EPCRA authorizes an owner or operator to elect to withhold from
disclosure the location of specific hazardous chemicals, such information shall be
confidential and exempt from the provisions of s. 119.07(1).
(3) All information, including, but not limited to, site plans and specific location
information on hazardous chemicals furnished to a fire department pursuant to EPCRA or
this part, shall be confidential and exempt from the provisions of s. 119.07(1) while in the
possession of the fire department.
(4) The department, the commission, and the committees shall furnish copies of public
records submitted under EPCRA or this part, and may charge a fee of $1 per page per
person per year for over 25 pages of materials copied.
History.--s. 1, ch. 88-200; s. 86, ch. 90-360; s. 7, ch. 92-150; s. 1, ch. 95-121; s. 108, ch.
96-406.
252.89 Tort liability. --The commission and the committees shall be state agencies, and
the members of the commission and committees shall be officers, employees, or agents of
the state for the purposes of s. 768.28.
History.--s. 1, ch. 88-200.
252.90 Commission and committee duties.--
(1) The commission shall establish by December 31, 1989, uniform reporting forms for
all reporting requirements under this part for use by all committees.
(2) The commission shall establish by October 1, 1989, a mission statement defining the
authorities and responsibilities of the committees, limiting those authorities and
responsibilities to activities required by EPCRA and this part.
(3) In order to further the purposes of this part, the commission shall encourage
participation by all major segments of the affected businesses and industries on each
committee on a continuing basis.
(4) Each committee shall provide the commission with a copy of the agenda for each
committee meeting at least 7 days prior to each meeting and shall provide to the
commission a copy of the official minutes of each such meeting within 7 days following
the meeting.
History.--s. 15, ch. 89-324; s. 8, ch. 92-150.
PART III
EMERGENCY MANAGEMENT
ASSISTANCE COMPACT
252.921 Short title.
252.922 Purpose and authorities.
252.923 General implementation.
252.924 Party state responsibilities.
252.925 Limitation.
252.926 License and permits.
252.927 Liability.
252.928 Compensation.
252.929 Reimbursement.
252.931 Evacuation.
252.932 Implementation.
252.933 Validity.
252.921 Short title. --This part may be cited as the "Emergency Management Assistance
Compact."
History.--s. 1, ch. 96-244.
252.922 Purpose and authorities.--
(1) This compact is made and entered into by and between the participating member
states which enact this compact, hereinafter called party states. For purposes of this
compact, the term "states" means the several states, the Commonwealth of Puerto Rico,
the District of Columbia, and all United States territorial possessions.
(2) The purpose of this compact is to provide for mutual assistance between the states
entering into this compact in managing any emergency or disaster that is duly declared by
the governor of the affected state(s), whether arising from natural disaster, technological
hazard, manmade disaster, civil emergency aspects of resource shortages, community
disorders, insurgency, or enemy attack. This compact shall also provide for mutual
cooperation in emergency -related exercises, testing, or other training activities using
equipment and personnel simulating performance of any aspect of the giving and
receiving of aid by party states or subdivisions of party states during emergencies, such
actions occurring outside actual emergency periods. Mutual assistance in this compact
may include the use of the states' National Guard forces, either in accordance with the
National Guard Mutual Assistance Compact or by mutual agreement between states.
History.--s. 1, ch. 96-244.
252.923 General implementation.--
(1) Each party state entering into this compact recognizes many emergencies transcend
political jurisdictional boundaries and that intergovernmental coordination is essential in
managing these and other emergencies under this compact. Each state further recognizes
that there will be emergencies which require immediate access and present procedures to
apply outside resources to make a prompt and effective response to such an emergency.
This is because few, if any, individual states have all the resources they may need in all
types of emergencies or the capability of delivering resources to areas where emergencies
exist.
(2) The prompt, full, and effective utilization of resources of the participating states,
including any resources on hand or available from the Federal Government or any other
source, that are essential to the safety, care, and welfare of the people in the event of an
emergency or disaster declared by a party state, shall be the underlying principle on
which all articles of this compact shall be understood.
(3) On behalf of the governor of each state participating in the compact, the legally
designated official who is assigned responsibility for emergency management will be
responsible for formulation of the appropriate interstate mutual aid plans and procedures
necessary to implement this compact.
History.--s. 1, ch. 96-244.
252.924 Party state responsibilities.--
(1) It shall be the responsibility of each party state to formulate procedural plans and
programs for interstate cooperation in the performance of the responsibilities listed in this
article. In formulating such plans, and in carrying them out, the party states, insofar as
practical, shall:
(a) Review individual state hazards analyses and, to the extent reasonably possible,
determine all those potential emergencies the party states might jointly suffer, whether
due to natural disaster, technological hazard, manmade disaster, emergency aspects of
resource shortages, civil disorders, insurgency, or enemy attack.
(b) Review party states' individual emergency plans and develop a plan which will
determine the mechanism for the interstate management and provision of assistance
concerning any potential emergency.
(c) Develop interstate procedures to fill any identified gaps and to resolve any identified
inconsistencies or overlaps in existing or developed plans.
(d) Assist in warning communities adjacent to or crossing the state boundaries.
(e) Protect and assure uninterrupted delivery of services, medicines, water, food, energy
and fuel, search and rescue, and critical lifeline equipment, services, and resources, both
human and material.
(f) Inventory and set procedures for the interstate loan and delivery of human and
material resources, together with procedures for reimbursement or forgiveness.
(g) Provide, to the extent authorized by law, for temporary suspension of any statutes or
ordinances that restrict the implementation of the above responsibilities.
(2) The authorized representative of a party state may request assistance of another party
state by contacting the authorizing representative of that state. The provisions of this
agreement shall only apply to requests for assistance made by and to authorized
representatives. Requests may be verbal or in writing. If verbal, the request shall be
confirmed in writing within 90 days of the verbal request. Requests shall provide the
following information:
(a) A description of the emergency service function for which assistance is needed, such
as, but not limited to, fire services, law enforcement, emergency medical, transportation,
communications, public works and engineering, building code inspection, planning and
information assistance, mass care, resource support, health and medical services, and
search and rescue.
(b) The amount and type of personnel, equipment, materials, and supplies needed, and a
reasonable estimate of the length of time they will be needed.
(c) The specific place and time for staging of the assisting party's response and a point of
contact at that location.
(3) There shall be frequent consultation between state officials who have assigned
emergency management responsibilities and other appropriate representatives of the party
states with affected jurisdictions and the United States Government, with free exchange
of information, plans, and resource records relating to emergency capabilities.
History.--s. 1, ch. 96-244; s. 26, ch. 2000-372.
252.925 Limitation. --Any party state requested to render mutual aid or exercises and
training for mutual aid shall take such action as is necessary to provide and make
available the resources covered by this compact in accordance with the terms hereof;
provided that it is understood that the state rendering aid may withhold resources to the
extent necessary to provide reasonable protection for such state. Each party state shall
afford to the emergency forces of any other party state, while operating within its state
limits under the terms and conditions of this compact, the same powers (except those
powers of arrest unless specifically authorized by the receiving state), duties, rights, and
privileges as are afforded forces of the state in which they are performing emergency
services. Emergency forces will continue under the command and control of their regular
leaders, but the organizational units will come under the operational control of the
emergency services authorities of the state receiving assistance. These conditions may be
activated, as needed, only subsequent to a declaration of a state of emergency or disaster
by the governor of the party state that is to receive assistance or commencement of
exercises and/or training for mutual aid and shall continue so long as the exercises and/or
training for mutual aid are in progress, the state of emergency or disaster remains in
effect, or loaned resources remain in the receiving states, whichever is longer.
History.--s. 1, ch. 96-244.
252.926 License and permits. --Whenever any person holds a license, certificate, or other
permit issued by any state party to the compact evidencing the meeting of qualifications
for professional, mechanical, or other skills, and when such assistance is requested by the
receiving party state, such person shall be deemed licensed, certified, or permitted by the
state requesting assistance to render aid involving such skill to meet a declared
emergency or disaster situation, subject to such limitations and conditions as the governor
of the requesting state may prescribe by executive order or otherwise.
History.--s. 1, ch. 96-244.
252.927 Liability. --Officers or employees of a party state rendering aid in another state
pursuant to this compact shall be considered agents of the requesting state for tort liability
and immunity purposes; and no party state or its officers or employees rendering aid in
another state pursuant to this compact shall be liable on account of any act or omission in
good faith on the part of such forces while so engaged or on account of the maintenance
or use of any equipment or supplies in connection therewith. Good faith in this article
shall not include willful misconduct, gross negligence, or recklessness.
History.--s. 1, ch. 96-244.
252.928 Compensation. --Each party state shall provide for the payment of compensation
and death benefits to injured members of the emergency forces of that state and the
representatives of deceased members of such forces in case such members sustain injuries
or are killed while rendering aid pursuant to this compact, in the same manner and on the
same terms as if the injury or death were sustained within their own state.
History.--s. 1, ch. 96-244.
252.929 Reimbursement. --Any party state rendering aid in another state pursuant to this
compact shall be reimbursed by the party state receiving such aid for any loss or damage
to or expense incurred in the operation of any equipment and the provision of any service
in answering a request for aid and for the cost incurred in connection with such requests.
However, any aiding party state may assume in whole or in part such loss, damage,
expense, or other cost, or may loan such equipment or donate such services to the
receiving party state without charge or costs; and any two or more party states may enter
into supplementary agreements establishing a different allocation of costs among those
states. Costs incurred in payment of compensation and death benefits under s. 252.928
shall not be reimbursable under this provision.
History.--s. 1, ch. 96-244.
252.931 Evacuation. --Plans for the orderly evacuation and interstate reception of
portions of the civilian population as the result of any emergency or disaster of sufficient
proportions to so warrant, shall be worked out and maintained between the party states
and the emergency management services directors of the various jurisdictions where any
type of incident requiring evacuations might occur. Such plans shall be put into effect by
request of the state from which evacuees come and shall include the manner of
transporting such evacuees, the number of evacuees to be received in different areas, the
manner in which food, clothing, housing, and medical care will be provided, the
registration of the evacuees, the providing of facilities for the notification of relatives or
friends, and the forwarding of such evacuees to other areas or the bringing in of
additional materials, supplies, and all other relevant factors. Such plans shall provide that
the party state receiving evacuees and the party state from which the evacuees come shall
mutually agree as to reimbursement for out-of-pocket expenses incurred in receiving and
caring for such evacuees, for expenditures for transportation, food, clothing, medicines
and medical care, and like items. Such expenditures shall be reimbursed as agreed by the
party state from which the evacuees come. After the termination of the emergency or
disaster, the party state from which the evacuees come shall assume the responsibility for
the ultimate support of repatriation of such evacuees.
History.--s. 1, ch. 96-244.
252.932 Implementation.--
(1) This compact shall become operative immediately upon its enactment into law by
any two states; thereafter, this compact shall become effective as to any other state upon
its enactment by such state.
(2) Any party state may withdraw from this compact by enacting a statute repealing
same, but no such withdrawal shall take effect until 30 days after the governor of the
withdrawing state has given notice in writing of such withdrawal to the governors of all
other party states. Such action shall not relieve the withdrawing state from obligations
assumed hereunder prior to the effective date of the withdrawal.
(3) Duly authenticated copies of this compact and of such supplementary agreements as
may be entered into shall, at the time of their approval, be deposited with each of the
party states and with the Federal Emergency Management Agency and other appropriate
agencies of the United States Government.
History.--s. 1, ch. 96-244.
252.933 Validity. --This compact shall be construed to effectuate the purposes stated in s.
252.922. If any provision of this compact is declared unconstitutional, or the applicability
thereof to any person or circumstances is held invalid, the constitutionality of the
remainder of this compact and the applicability thereof to other persons and
circumstances shall not be affected thereby.
History.--s. 1, ch. 96-244.
PART IV
ACCIDENTAL RELEASE PREVENTION AND
RISK MANAGEMENT PLANNING
252.934 Short title.
252.935 Purpose.
252.936 Definitions.
252.937 Department powers and duties.
252.938 Funding.
252.939 Fees.
252.940 Enforcement; procedure; remedies.
252.941 Prohibitions, violations, penalties, intent.
252.942 Inspections and audits.
252,943 Public records.
252.944 Tort liability.
252.945 Startup loan.
252.946 Public records.
252.934 Short title. --This part may be cited as the "Florida Accidental Release
Prevention and Risk Management PIanning Act."
History.--s. 1, ch. 98-193.
252.935 Purpose. --The purpose of this part is to establish adequate state authorities to
implement, fund, and enforce the requirements of the Accidental Release Prevention
Program of s. 112(r)(7) of the federal Clean Air Act and federal implementing regulations
for specified sources. To ensure the efficient use of resources, it is the intent of the
Legislature for the state to seek delegation of the s. 112(r)(7) Accidental Release
Prevention Program from the United States Environmental Protection Agency for
specified sources and for duplication and redundancy to be avoided to the maximum
extent practicable with no expansion or addition of the regulatory program.
History.--s. 1, ch. 98-193.
252.936 Definitions. --As used in this part, the term:
(1) "Accidental release" means an unanticipated emission of a regulated substance into
the ambient air from a stationary source.
(2) "Accidental Release Prevention Program" means the program to implement the
accidental release prevention, detection, and response provisions of s. 112(r)(7) of the
Clean Air Act and federal implementing regulations.
(3) "Audit" means a review of information at a stationary source subject to s. 112(r)(7),
or submitted by a stationary source subject to s. 112(r)(7), to determine whether that
stationary source is in compliance with the requirements of this part and rules adopted to
implement this part. Audits must include a review of the adequacy of the stationary
source's Risk Management Plan, may consist of reviews of information submitted to the
department or the United States Environmental Protection Agency to determine whether
the plan is complete or whether revisions to the plan are needed, and the reviews may be
conducted at the stationary source to confirm that information onsite is consistent with
reported information.
(4) "Chemical Safety and Hazard Investigation Board" means the federal Chemical
Safety and Hazard Investigation Board created under s. 112(r)(6) of the Clean Air Act.
(5) "Clean Air Act" means the federal Clean Air Act, as amended, codified at 42 U.S.C.
ss. 7401-7671q.
(6) "Commission" means the State Emergency Response Commission for Hazardous
Materials created by Executive Order 94-138.
(7) "Committee" means any local emergency planning committee established in the state
under s. 301 of the federal Emergency Planning and Community Right To Know Act, 42
U.S.C. ss. 11001 et seq.
(8) "Department" means the Department of Community Affairs.
(9) "Inspection" means a review of information at a stationary source subject to s.
112(r)(7), including documentation and operating practices and access to the source and
to any area where an accidental release could occur, to determine whether the stationary
source is in compliance with the requirements of this part or rules adopted to implement
this part.
(10) "Owner or operator" means any person who owns, leases, operates, controls, or
supervises any stationary source subject to s. 112(r)(7) of the Clean Air Act.
(11) "Person" means an individual, corporation, partnership, association, state or any
agency or institution thereof, municipality, political subdivision of the state, and any
agency, department, or instrumentality of the United States, and any officer, agent, or
employee thereof, and, for the purposes of s. 252.941, any responsible corporate officer.
(12) "Process" means a process as that term is defined under 40 C.F.R. part 68.
(13) "Program level" means a Program 1, Program 2, or Program 3 stationary source
level as determined under 40 C.F.R. part 68.
(14) "Regulated substance" means any regulated substance defined or listed under s.
112(r)(3) of the Clean Air Act and federal implementing regulations. Consistent with s.
112(r)(7) federal implementing regulations, ammonia used as an agricultural nutrient,
when held by farmers, is exempt from this part.
(15) "Risk Management Plan" means the Risk Management Plan required under s.
112(r)(7) of the Clean Air Act and federal implementing regulations.
(16) "Section 112(r)" means the provisions of s. 112(r) of the Clean Air Act.
(17) "Section 112(r)(7)" means the accidental release prevention, detection, and response
provisions in s. 112(r)(7) of the Clean Air Act.
(18) "Stationary source" means any buildings, structures, equipment, installations, or
regulated substance emitting stationary activities which belong to the same industrial
group, which are located on one or more contiguous properties, which are under the
control of the same person (or persons under common control), and from which an
accidental release may occur. The term does not apply to transportation, including storage
incident to transportation of any regulated substance under the provisions of this part. A
stationary source includes transportation containers used for storage not incident to
transportation and transportation containers connected to equipment at the stationary
source for loading or unloading. Transportation includes, but is not limited to,
transportation that is subject to oversight or regulation under 49 C.F.R. parts 192, 193, or
195 or a state natural gas or hazardous liquid program for which the state has in effect a
certification to the United States Department of Transportation under 40 U.S.C. s. 60105.
A stationary source does not include naturally occurring hydrocarbon reservoirs.
Properties may not be considered contiguous solely because of a railroad or gas pipeline
right-of-way. Stationary sources subject to chapter 527 whose only regulated substance
subject to s. 112(r)(7) is liquefied petroleum gas are exempt from this part.
(19) "Trust fund" means the Operating Trust Fund established in the department's
Division of Emergency Management.
History.--s. 1, ch. 98-193.
252.937 Department powers and duties.--
(1) The department has the power and duty to:
(a)1. Seek delegation from the United States Environmental Protection Agency to
implement the Accidental Release Prevention Program under s. 112(r)(7) of the Clean
Air Act and the federal implementing regulations for specified sources subject to s.
112(r)(7) of the Clean Air Act. Implementation for all other sources subject to s.
112(r)(7) of the Clean Air Act will be performed by the United States Environmental
Protection Agency; and
2. Ensure the timely submission of Risk Management Plans and any subsequent
revisions of Risk Management Plans.
(b) Adopt, modify, and repeal rules, with the advice and consent of the commission,
necessary to obtain delegation from the United States Environmental Protection Agency
and to administer the s. 112(r)(7) Accidental Release Prevention Program in this state for
the specified stationary sources with no expansion or addition of the regulatory program.
(c) Make and execute contracts and other agreements necessary or convenient to the
implementation of this part.
(d) Coordinate its activities under this part with its other emergency management
responsibilities, including its responsibilities and activities under parts I, II, and III of this
chapter and with the related activities of other state and local agencies, keeping separate
accounts for all activities conducted under this part which are supported or partially
supported from the trust fund.
(e) Establish, with the advice and consent of the commission, a technical assistance and
outreach program on or before January 31, 1999, to assist owners and operators of
specified stationary sources subject to s. 112(r)(7) in complying with the reporting and
fee requirements of this part. This program is designed to facilitate and ensure timely
submission of proper certifications or compliance schedules and timely submission and
registration of Risk Management Plans and revised registrations and Risk Management
Plans when required for these sources.
(f) Make a quarterly report to the State Emergency Response Commission on income
and expenses for the state's Accidental Release Prevention Program under this part.
(2) To ensure that this program is self-supporting, the department shall provide
administrative support, including staff, facilities, materials, and services to implement
this part for specified stationary sources subject to s. 252.939 and shall provide necessary
funding to local emergency planning committees and county emergency management
agencies for work performed to implement this part. Each state agency with regulatory,
inspection, or technical assistance programs for specified stationary sources subject to
this part shall enter into a memorandum of understanding with the department which
specifically outlines how each agency's staff, facilities, materials, and services will be
utilized to support implementation. At a minimum, these agencies and programs include:
the Department of Environmental Protection's Division of Air Resources Management
and Division of Water Resource Management, and the 'Department of Labor and
Employment Security's Division of Safety. It is the Legislature's intent to implement this
part as efficiently and economically as possible, using existing expertise and resources, if
available and appropriate.
(3) To prevent the duplication of investigative efforts and resources, the department, on
behalf of the commission, shall coordinate with any federal agencies or agents thereof,
including the federal Chemical Safety and Hazard Investigation Board, or its successor,
which are performing accidental release investigations for specified stationary sources,
and may coordinate with any agencies of the state which are performing accidental
release investigations. This accidental release investigation coordination is not intended
to limit or take the place of any individual agency accidental release investigation under
separate authority.
(4) To promote efficient administration of this program and specified stationary sources,
the only agency which may seek delegation from the United States Environmental
Protection Agency for this program is the Florida Department of Community Affairs.
Further, the Florida Department of Community Affairs shall not delegate this program to
any local environmental agency.
History.--s. 1, ch. 98-193; s. 235, ch. 99-245; s. 2, ch. 99-353.
'Note. --Section 69, ch. 2002-194, repealed s. 20.171, which created the Department of
Labor and Employment Security.
252.938 Funding.--
(1) It is the intent of the Legislature that the state activities and expenditures under this
part be self-sustaining through fees contributed by specified sources as provided in this
part.
(2) All fees and penalties collected under this part must be deposited in the Operating
Trust Fund for appropriation to fund the state's Accidental Release Prevention Program
under this part.
History.--s. 1, ch. 98-193.
252.939 Fees.--
(1)(a) Any owner or operator of a specified stationary source in the state which must
submit a Risk Management Plan to the United States Environmental Protection Agency
under s. 112(r)(7) shall pay an annual registration fee for each specified stationary source
to the department. The annual registration fee is due to the department upon initial
submission of a stationary source's Risk Management Plan to the United States
Environmental Protection Agency, and every April 1 thereafter.
(b) Prior individual written notice shall be provided by United States mail by the
department to owners or operators of specified stationary sources in the state subject to
the requirements under s. 112(r)(7) to submit Risk Management Plans and corresponding
state registration fees. This notice must include the requirements of the state fee schedule
and must be mailed at least 90 days before the due date for the specified stationary
source's initial registration and Risk Management Plan submission year and at least 30
days before the registration fee due date for subsequent years.
(c) The department shall establish a fee schedule by rule for the specified stationary
sources, upon the advice and consent of the commission. The annual registration fee must
be based on a stationary source's highest program level, as determined under the federal
implementing regulations for s. 112(r)(7) and may not exceed the following:
1. Program 1 Stationary Sources $100. Multiple Program 1 stationary sources which are
under common ownership and which have the same single chemical process, shall pay a
full fee for the first stationary source location and a 50 percent fee for subsequent
locations with no owner of such multiple stationary sources paying more than $1,000. To
be eligible for this multiple stationary source fee provision, one single fee payment must
be submitted by the owner of the eligible multiple stationary source locations with a
listing of the multiple stationary source locations and the single chemical process.
2. Program 2 Stationary Sources $200. Multiple Program 2 stationary sources which are
under common ownership and which have the same single chemical process, shall pay a
full fee for the first three stationary source locations and a 50 percent fee for subsequent
locations with no owner of such multiple stationary sources paying more than $2,000.
Multiple Program 2 stationary sources which are under common ownership and which
are classified under one of the following Standard Industrial Classification group
numbers 01, 02, or 07 shall pay a full fee, not to exceed $100 for the first stationary
source location and a 50 percent fee for subsequent locations with no owner of such
multiple stationary sources paying more than $800. To be eligible for these multiple
stationary source fee provisions, one single fee payment must be submitted by the owner
of the eligible multiple stationary source locations with a listing of the multiple stationary
source locations and the chemical process.
3. Program 3 Stationary Sources $1,000.
(d) Annual registration fees under this section are not required until after the department
receives final delegation approval from the United States Environmental Protection
Agency to administer the s. 112(r)(7) Accidental Release Prevention Program for the
specified stationary sources.
(2) The department shall establish by rule late fees, not to exceed 10 percent per month
of the annual registration fee owed, and not to exceed a total of 50 percent, for failure to
timely submit an annual registration fee. A late fee may not be assessed against a
stationary source during the initial registration and submission year if 90 day's prior
written notice was not provided to that stationary source.
(3) In determining whether an annual registration fee is timely submitted under
subsections (1) and (2), if the fee is:
(a) Mailed via United States mail, the date of submittal is the date evidenced by the
postmark.
(b) Delivered by overnight or other private mail carriers, the date of submittal is the date
the package is deposited with the overnight carrier.
(c) Hand -delivered, other than by overnight or private mail carrier, the date of submittal
is the date of actual receipt.
(4) If the Legislature directs the department to seek authority to implement and enforce s.
112(r)(7) of the Clean Air Act for additional stationary sources, the department shall,
with the advice of the commission, review and suggest revisions, if necessary and
appropriate, to the fees specified in this section.
History.--s. 1, ch. 98-193; s. 31, ch. 99-13.
252.940 Enforcement; procedure; remedies.--
(1) The department has the following enforcement authority and remedies for specified
stationary sources available to it for violations of this part as specified in s. 252.941:
(a) To institute a civil action in a court of competent jurisdiction in order to seek
injunctive relief to immediately restrain or enjoin any person from engaging in any
activity in violation of this part which is presenting an imminent and substantial
endangerment to the public health or welfare or the environment; and to seek injunctive
relief to enforce compliance with this part or any rule, regulation, program requirement,
or order implementing this part.
(b) To institute a civil action in a court of competent jurisdiction to impose and to
recover a civil penalty for each violation, as specified in s. 252.941(1), in an amount of
not more than $10,000 per offense. However, the court may receive evidence in
mitigation. Each day during any portion of which such violation occurs constitutes a
separate offense.
(c) To seek criminal remedies, including fines, for violations as specified in s.
252.941(2).
(d) Failure to comply with the fee provisions under s. 252.939 is not a violation under s.
252.941. Section 252.939(2) is the sole remedy for fee provisions in s. 252.939, except
that the department may enforce a final order entered under that section pursuant to s.
120.69.
(2) An action may not be commenced or continued under this section if the
Administrator of the United States Environmental Protection Agency has commenced
and is diligently pursuing an administrative order or civil or criminal action to enforce a
specific requirement or to impose a civil or criminal penalty under s. 112(r) with respect
to the specific violation. If the United States Environmental Protection Agency initiates
any action after the state has initiated an action based on the same cause, the state suit
shall be dismissed without prejudice and may be refiled only in the event that the United
States Environmental Protection Agency discontinues the enforcement action prior to
settlement or final judgment.
(3) For the purposes of this section, the department may offer and accept the use of
emergency planning, training, and response -related Supplemental Environmental
Projects, consistent with the guidelines established by the United States Environmental
Protection Agency.
(4) The authorities and remedies provided under this section shall not take effect until
after such time as the department has received final delegation approval from the United
States Environmental Protection Agency to administer the s. 112(r)(7) Accidental
Release Prevention Program for specified stationary sources.
History.--s. 1, ch. 98-193.
252.941 Prohibitions, violations, penalties, intent.--
(1) It is a violation of this part, and it is prohibited for any person to:
(a) Fail to make any submittal required by this part or by rule or regulation implementing
this part, or to violate or fail to comply with any rule, regulation, order, plan, or
certification adopted or issued by the department pursuant to its lawful authority under
this part, other than fees under s. 252.939.
(b) Knowingly make any false statement, representation, or certification in any
application, record, report, plan, or other document filed or required to be maintained
under this part, or to falsify, tamper with, or knowingly render inaccurate any monitoring
device or method required to be maintained under this part or by any program, rule,
regulation, or order issued under this part.
(c) Fail to report to the appropriate representative of the department, as established by
department rule, within 1 working day of discovery of an accidental release of a regulated
substance from the stationary source, if the owner or operator is required to report the
release to the United States Environmental Protection Agency under s. 112(r)(6).
(2) Any person who willfully commits a violation specified in subsection (1) is guilty of
a misdemeanor of the first degree punishable as provided in s. 775.083(1)(g) by a fine of
not more than $10,000 for each offense. Each day during any portion of which such
violation occurs constitutes a separate offense.
(3) It is the legislative intent that the civil penalties and criminal fines imposed by the
court be of such amount as to ensure immediate and continued compliance with this
section.
(4) The prohibitions and violations provided under this section shall take effect after
such time as the department has received final delegation approval from the United States
Environmental Protection Agency to administer the s. 112(r)(7) Accidental Release
Prevention Program for specified stationary sources.
History.--s. 1, ch. 98-193.
252.942 Inspections and audits.--
(1)(a) Any duly authorized representative of the department may at any reasonable time
enter to inspect and audit, in order to ascertain compliance with this part or rules adopted
to implement this part, any specified stationary source subject to the requirements of s.
112(r)(7), except a building that is used exclusively for a private residence.
(b) Any duly authorized representative may at any reasonable time have access to any
specified stationary source subject to s. 112(r)(7) for inspection and copying any
supporting documentation required under this part.
(c) A person may not refuse reasonable entry or access to any authorized representative
of the department who requests entry for purposes of inspection and who presents
appropriate credentials; nor shall any person obstruct, hamper, or interfere with such
inspection.
(2) An inspection or audit under subsection (1) may be conducted only after:
(a) Consent for the inspection is received from the owner, operator, or person in charge;
or
(b) The appropriate inspection warrant as provided in this section is obtained.
(3)(a) An inspection warrant as authorized by this chapter may be issued by a judge of
any county court or circuit court of this state which has jurisdiction over the place or
thing to be searched.
(b) When a proper affidavit is made, the judge may issue an inspection warrant if:
1. It appears that the properties to be inspected may be connected with or contain
evidence of the violation of any of the provisions of this part or any rule properly
promulgated thereunder; or
2. The inspection sought is an integral part of a larger scheme of systematic routine
inspections that are necessary to, and consistent with, the continuing efforts of the
department to ensure compliance with the provisions of this part and any rules adopted
thereunder.
(c) The judge shall, before issuing the warrant, have the application for the warrant duly
sworn to and subscribed by a representative of the department; and he or she may receive
further testimony from witnesses, supporting affidavits, or depositions in writing to
support the application. The affidavit and further proof must set forth the facts tending to
establish the grounds specified in paragraph (b) or the reasons for believing that such
grounds exist.
(d) Upon examination of the application and proofs submitted and if satisfied that cause
exists for issuing the inspection warrant, the judge shall issue a warrant, signed by him or
her with the name of his or her office, to any department representative, which warrant
will authorize the representative to inspect the property described in the warrant.
(4) The department shall periodically audit Risk Management Plans submitted by owners
or operators of stationary sources subject to s. 112(r)(7) and require revisions of such
plans when necessary to ensure compliance with this part. The audit and revision
requirements must substantially comply with federal regulations implementing s.
112(r)(7). The department shall develop, with the advice and consent of the commission,
an annual audit work plan which identifies specified stationary sources or audits based on
the program resources available. Stationary sources will be prioritized for audits based on
factors which include, but are not limited to, stationary source location and proximity to
population centers, chemical characteristics and inventories, stationary source accident
history, process accident history, compliance or inspection by allied agency programs,
and the results of stationary sources' self -audits.
(5) Upon request, owners or operators of specified stationary sources subject to s.
112(r)(7) shall receive an oral exit interview at the conclusion of an inspection or audit.
(6) Following an audit or inspection, the department shall issue the owner or operator a
written preliminary determination of any necessary revisions to the stationary source Risk
Management Plan to ensure that the plan meets the requirements of this part and rules
adopted to implement this part. The preliminary determination must include an
explanation of the basis for the revisions, reflecting industry standards and guidelines to
the extent that such standards and guidelines are applicable, and must include a timetable
for their implementation.
(7) The department shall provide reasonable notice of its intent to conduct an onsite
inspection or audit of a specified stationary source. Inspections or audits may be
conducted without notice in response to an accidental release or to protect the public
health, safety, and welfare.
History.--s. 1, ch. 98-193.
252.943 Public records.--
(1) The Department of Community Affairs shall protect records, reports, or information
or particular parts thereof, other than release or emissions data, contained in a risk
management plan from public disclosure pursuant to ss. 112(r) and 114(c) of the federal
Clean Air Act and authorities cited therein, based upon a showing satisfactory to the
Administrator of the United States Environmental Protection Agency, by any owner or
operator of a stationary source subject to the Accidental Release Prevention Program, that
public release of such records, reports, or information would divulge methods or
processes entitled to protection as trade secrets as provided for in 40 C.F.R. part 2,
subpart B. Such records, reports, or information held by the department are confidential
and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
Constitution, unless a final determination has been made by the Administrator of the
Environmental Protection Agency that such records, reports, or information are not
entitled to trade secret protection, or pursuant to an order of court.
(2) The department shall protect records, reports, or information or particular parts
thereof, other than release or emissions data, obtained from an investigation, inspection,
or audit from public disclosure pursuant to ss. 112(r) and 114(c) of the federal Clean Air
Act and authorities cited therein, based upon a showing satisfactory to the Administrator
of the United States Environmental Protection Agency, by any owner or operator of a
stationary source subject to the Accidental Release Prevention Program, that public
release of such records, reports, or information would divulge methods or processes
entitled to protection as trade secrets as provided for in 40 C.F.R. part 2, subpart B. Such
records, reports, or information held by the department are confidential and exempt from
the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, unless a final
determination has been made by the Administrator of the Environmental Protection
Agency that such records, reports, or information are not entitled to trade secret
protection, or pursuant to an order of court.
History.--s. I, ch. 98-406; s. 1, ch. 2003-103.
252.944 Tort liability. --The commission and the committees are state agencies, and the
members of the commission and committees are officers, employees, or agents of the
state for the purpose of s. 768.28.
History.--s. 1, ch. 98-193.
252.945 Startup loan. --The department may advance a startup loan in the amount of
$400,000 from the hazardous materials account in the Operating Trust Fund to support
initial implementation of this part. This loan must be repaid in equal annual installments
by 2006, beginning October 1, 2001.
History.--s. 1, ch. 98-193.
252.946 Public records. --With regard to information submitted to the United States
Environmental Protection Agency under this part or s. 112(r)(7), the Department of
Community Affairs, the State Hazardous Materials Emergency Response Commission,
and any local emergency planning committee may assist persons in electronically
accessing such information held by the United States Environmental Protection Agency
in its centralized database. If requested, the department, the commission, or a committee
may furnish copies of such United States Environmental Protection Agency records.
History.--s. 1, ch. 98-193.