September 27, 2020
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_h0207__
HB 207

1
A bill to be entitled
2An act relating to contamination notification; amending s.
3376.30702, F.S.; revising contamination notification
4provisions; requiring individuals responsible for site
5rehabilitation to provide notice of site rehabilitation to
6specified entities; revising provisions relating to the
7content of such notice; requiring the Department of
8Environmental Protection to provide notice of site
9rehabilitation to specified entities and certain property
10owners; providing an exemption; requiring the department
11to verify compliance with notice requirements; authorizing
12the department to pursue enforcement measures for
13noncompliance with notice requirements; revising the
14department's contamination notification requirements for
15certain public schools; requiring the department to
16provide specified notice to private K-12 schools and child
17care facilities; requiring the department to provide
18specified notice to public schools within a specified
19area; providing notice requirements, including directives
20to extend such notice to certain other persons; requiring
21local governments to provide specified notice of site
22rehabilitation; requiring the department to recover
23notification costs from responsible parties; providing an
24effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Section 376.30702, Florida Statutes, is amended
29to read:
30     376.30702  Contamination notification.--
31     (1)  FINDINGS; INTENT; APPLICABILITY.--The Legislature
32finds and declares that when contamination is discovered by any
33person as a result of site rehabilitation activities conducted
34pursuant to the risk-based corrective action provisions found in
35s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or
36pursuant to an administrative or court order, it is in the
37public's best interest that potentially affected persons be
38notified of the existence of such contamination. Therefore,
39persons discovering such contamination shall notify the
40department and those identified under this section of the such
41discovery in accordance with the requirements of this section,
42and the department shall be responsible for notifying the
43affected public. The Legislature intends that for the provisions
44of this section to govern the notice requirements for early
45notification of the discovery of contamination.
46     (2)  INITIAL NOTICE OF CONTAMINATION BEYOND PROPERTY
47BOUNDARIES.--
48     (a)  If at any time during site rehabilitation conducted
49pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
50376.30701, or an administrative or court order the person
51responsible for site rehabilitation, the person's authorized
52agent, or another representative of the person discovers from
53laboratory analytical results that comply with appropriate
54quality assurance protocols specified in department rules that
55contamination as defined in applicable department rules exists
56in any groundwater, surface water, or soil at or medium beyond
57the boundaries of the property at which site rehabilitation was
58initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81,
59or s. 376.30701, the person responsible for site rehabilitation
60shall give actual notice as soon as possible, but no later than
6110 days after the from such discovery, to the Division of Waste
62Management at the department's Tallahassee office. The actual
63notice must shall be provided on a form adopted by department
64rule and mailed by certified mail, return receipt requested. The
65person responsible for site rehabilitation shall simultaneously
66provide mail a copy of the such notice to the appropriate
67department district office and, county health department, and
68all known lessees and tenants of the source property.
69     (b)  The notice must shall include the following
70information:
71     1.(a)  The location of the property at which site
72rehabilitation was initiated pursuant to s. 376.3071(5), s.
73376.3078(4), s. 376.81, or s. 376.30701 and contact information
74for the person responsible for site rehabilitation, the person's
75authorized agent, or another representative of the person.
76     2.(b)  A listing of all record owners of the any real
77property, other than the property at which site rehabilitation
78was initiated pursuant to s. 376.3071(5), s. 376.3078(4), s.
79376.81, or s. 376.30701, at which contamination has been
80discovered; the parcel identification number for any such real
81property; the owner's address listed in the current county
82property tax office records; and the owner's telephone number.
83The requirements of this paragraph do not apply to the notice to
84known tenants and lessees of the source property.
85     3.(c)  Separate tables for by medium, such as groundwater,
86soil, and surface water which, or sediment, that list sampling
87locations identified on the vicinity map described in
88subparagraph 4.; sampling dates; names of contaminants detected
89above cleanup target levels; their corresponding cleanup target
90levels; the contaminant concentrations; and whether the cleanup
91target level is based on health, nuisance, organoleptic, or
92aesthetic concerns.
93     4.(d)  A vicinity map that shows each sampling location
94with corresponding laboratory analytical results described in
95subparagraph 3. and the date on which the sample was collected
96and that identifies the property boundaries of the property at
97which site rehabilitation was initiated pursuant to s.
98376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701 and any
99the other properties at which contamination has been discovered
100during such site rehabilitation. If available, a contaminant
101plume map signed and sealed by a state-licensed professional
102engineer or geologist may be included with the vicinity map.
103     (3)  DEPARTMENT'S NOTICE RESPONSIBILITIES.--
104     (a)  Within 30 days after receiving the actual notice
105required under subsection (2), the department shall notify the
106following persons of the contamination:
107     1.  The mayor, the chair of the county commission, or the
108comparable senior elected official representing the affected
109area.
110     2.  The city manager, the county administrator, or the
111comparable senior administrative official representing the
112affected area.
113     3.  The state senator, state representative, and United
114States Representative representing the affected area and both
115United States Senators.
116     4.  All real property owners, presidents of any condominium
117associations or sole owners of condominiums, lessees, and the
118tenants of record for:
119     a.  The property at which site rehabilitation is being
120conducted, if different from the person responsible for site
121rehabilitation;
122     b.  Any properties within a 500-foot radius of each
123sampling point at which contamination is discovered, if site
124rehabilitation was initiated pursuant to s. 376.30701 or an
125administrative or court order; and
126     c.  Any properties within a 250-foot radius of each
127sampling point at which contamination is discovered or any
128properties identified on a contaminant plume map provided
129pursuant to subparagraph (2)(b)4., if site rehabilitation was
130initiated pursuant to s. 376.3071(5), s. 376.3078(4), or s.
131376.81.
132     (b)  The notice provided to:
133     1.  Local government officials shall be mailed by certified
134mail, return receipt requested, and must advise the local
135government of its responsibilities under subsection (4).
136     2.  Real property owners, presidents of any condominium
137associations or sole owners of condominiums, lessees, and
138tenants of record may be delivered by certified mail, return
139receipt requested, first-class mail, hand delivery, or door
140hanger.
141     (c)  Within 30 days after receiving the actual notice
142required under pursuant to subsection (2), or within 30 days of
143the effective date of this act if the department already
144possesses information equivalent to that required by the notice,
145the department shall verify that the person responsible for site
146rehabilitation has complied with the notice requirements of this
147section send a copy of such notice, or an equivalent
148notification, to all record owners of any real property, other
149than the property at which site rehabilitation was initiated
150pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
151376.30701, at which contamination has been discovered. If the
152person responsible for site rehabilitation has not complied with
153the notice requirements, the department may pursue enforcement
154as provided under this chapter and chapter 403.
155     (d)1.  If the property at which contamination has been
156discovered is the site of a school as defined in s. 1003.01, the
157department shall mail also send a copy of the notice to the
158superintendent chair of the school board of the school district
159in which the property is located and direct the superintendent
160said school board to provide actual notice annually to teachers
161and parents or guardians of students attending the school during
162the period of site rehabilitation.
163     2.  If the property at which contamination has been
164discovered is the site of a private K-12 school or a child care
165facility as defined in s. 402.302, the department shall mail a
166copy of the notice to the governing board, principal, or owner
167of the school or child care facility and direct the governing
168board, principal, or owner to provide actual notice annually to
169teachers and parents or guardians of students or children
170attending the school or child care facility during the period of
171site rehabilitation.
172     3.  If any property within a 1-mile radius of the property
173at which contamination has been discovered during site
174rehabilitation pursuant to s. 376.30701 or an administrative or
175court order is the site of a school as defined in s. 1003.01,
176the department shall mail a copy of the notice to the
177superintendent of the school district in which the property is
178located and direct the superintendent to provide actual notice
179annually to the principal of the school.
180     4.  If any property within a 250-foot radius of the
181property at which contamination has been discovered during site
182rehabilitation pursuant to s. 376.3071(5), s. 376.3078(4), or s.
183376.81 is the site of a school as defined in s. 1003.01, the
184department shall mail a copy of the notice to the superintendent
185of the school district in which the property is located and
186direct the superintendent to provide actual notice annually to
187the principal of the school.
188     (e)  Along with the copy of the notice or its equivalent,
189the department shall include a letter identifying sources of
190additional information about the contamination and a telephone
191number to which further inquiries should be directed. The
192department may collaborate with the Department of Health to
193develop such sources of information and to establish procedures
194for responding to public inquiries about health risks associated
195with contaminated sites.
196     (4)  LOCAL GOVERNMENT'S NOTICE RESPONSIBILITIES.--Within 30
197days after receiving the actual notice required under subsection
198(2), the local government shall mail a copy of the notice to the
199president or equivalent officer of each homeowners' association
200or neighborhood association within the potentially affected area
201as described in subsection (2).
202     (5)  RECOVERY OF NOTIFICATION COSTS.--The department shall
203recover the costs of postage, materials, and labor associated
204with notification from the responsible party, unless site
205rehabilitation is eligible for state-funded cleanup pursuant to
206the risk-based corrective action provisions found in s.
207376.3071(5) or s. 376.3078(4).
208     (6)(4)  RULEMAKING AUTHORITY.--The department shall adopt
209rules and forms pursuant to ss. 120.536(1) and 120.54 to
210administer implement the requirements of this section.
211     Section 2.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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