reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.62 - Director of Office of Financial Regulation; powers in a state of emergency.

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 Register, 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; s. 19, ch. 2013-14.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.63 - Commissioner of Insurance Regulation; powers in a state of emergency.

252.63 Commissioner of Insurance Regulation; powers in a state of emergency.—
(1) When the Governor declares a state of emergency pursuant to s. 252.36, the commissioner may issue one or more general orders applicable to all insurance companies, entities, and persons, as defined in s. 624.04, that are subject to the Florida Insurance Code and that serve any portion of the area of the state under the state of emergency.
(2) An order issued by the commissioner under this section becomes effective upon issuance and continues for 120 days unless terminated sooner by the commissioner. The commissioner 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. By concurrent resolution, the Legislature may terminate any order issued under this section.
(3) The commissioner shall publish in the next available publication of the Florida Administrative Register 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.
History.—s. 6, ch. 2006-12; s. 20, ch. 2013-14.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.64 - Protection of religious institutions.

252.64 Protection of religious institutions.—
(1) For purposes of this section, the term “religious institution” has the same meaning as in s. 496.404.
(2) An emergency order authorized by this part may not directly or indirectly prohibit a religious institution from conducting regular religious services or activities. However, a general provision in an emergency order which applies uniformly to all entities in the affected jurisdiction may be applied to a religious institution if the provision is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.
History.—s. 1, ch. 2022-208.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part II - Florida Emergency Planning and Community Right-to-Know Act (Ss. 252.81-252.905) › 252.81 - Short title.

252.81 Short title.—Part II of this chapter, consisting of ss. 252.81-252.90, may be cited as the “Florida Emergency Planning and Community Right-to-Know Act.”
History.—s. 1, ch. 88-200; s. 1, ch. 92-150; s. 1, ch. 2005-5.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part II - Florida Emergency Planning and Community Right-to-Know Act (Ss. 252.81-252.905) › 252.82 - Definitions.

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) “Division” means the Division of Emergency Management within the Executive Office of the Governor.
(4) “Facility” means facility as defined in s. 329 of EPCRA. Vehicles placarded according to title 49 Code of Federal Regulations are not 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, 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 division.
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; s. 106, ch. 2011-142.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part II - Florida Emergency Planning and Community Right-to-Know Act (Ss. 252.81-252.905) › 252.83 - Powers and duties of the division.

252.83 Powers and duties of the division.—
(1) The division 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 division 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 division 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; s. 107, ch. 2011-142.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part II - Florida Emergency Planning and Community Right-to-Know Act (Ss. 252.81-252.905) › 252.84 - Funding.

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.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part II - Florida Emergency Planning and Community Right-to-Know Act (Ss. 252.81-252.905) › 252.86 - Penalties and remedies.

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 division 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 division 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; s. 109, ch. 2011-142.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part II - Florida Emergency Planning and Community Right-to-Know Act (Ss. 252.81-252.905) › 252.88 - Public records.

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 division, 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; s. 111, ch. 2011-142.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part II - Florida Emergency Planning and Community Right-to-Know Act (Ss. 252.81-252.905) › 252.89 - Tort liability.

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.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part II - Florida Emergency Planning and Community Right-to-Know Act (Ss. 252.81-252.905) › 252.90 - Commission and committee duties.

252.90 Commission and committee duties.—
(1) 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.
(2) 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.
(3) 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; s. 1, ch. 2019-5.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part II - Florida Emergency Planning and Community Right-to-Know Act (Ss. 252.81-252.905) › 252.905 - Emergency planning information; public records exemption.

252.905 Emergency planning information; public records exemption.—Any information furnished by a person or a business to the division for the purpose of being provided assistance with emergency planning is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to information held by the division before, on, or after the effective date of this exemption.
History.—s. 1, ch. 2014-188; s. 1, ch. 2019-29.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part III - Emergency Management Assistance Compact (Ss. 252.921-252.9335) › 252.921 - Short title.

252.921 Short title.—Sections 252.921-252.933 may be cited as the “Emergency Management Assistance Compact.”
History.—s. 1, ch. 96-244; s. 1, ch. 2015-55.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part III - Emergency Management Assistance Compact (Ss. 252.921-252.9335) › 252.922 - Purpose and authorities.

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.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part III - Emergency Management Assistance Compact (Ss. 252.921-252.9335) › 252.923 - General implementation.

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.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part III - Emergency Management Assistance Compact (Ss. 252.921-252.9335) › 252.925 - Limitation.

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.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part III - Emergency Management Assistance Compact (Ss. 252.921-252.9335) › 252.926 - License and permits.

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.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part III - Emergency Management Assistance Compact (Ss. 252.921-252.9335) › 252.927 - Liability.

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.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part III - Emergency Management Assistance Compact (Ss. 252.921-252.9335) › 252.928 - Compensation.

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.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part III - Emergency Management Assistance Compact (Ss. 252.921-252.9335) › 252.929 - Reimbursement.

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.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part III - Emergency Management Assistance Compact (Ss. 252.921-252.9335) › 252.931 - Evacuation.

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.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part III - Emergency Management Assistance Compact (Ss. 252.921-252.9335) › 252.932 - Implementation.

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.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part III - Emergency Management Assistance Compact (Ss. 252.921-252.9335) › 252.933 - Validity.

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.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part III - Emergency Management Assistance Compact (Ss. 252.921-252.9335) › 252.9335 - Expense reimbursement under compact.

252.9335 Expense reimbursement under compact.—Travel expense reimbursement limits provided in s. 112.061(6) do not apply to an employee of the state or of a political subdivision of the state traveling under the Emergency Management Assistance Compact when such expenses are reimbursed based on the amount agreed upon in an interstate mutual aid request for assistance.
History.—s. 2, ch. 2015-55.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part IV - Accidental Release Prevention and Risk Management Planning (Ss. 252.934-252.946) › 252.934 - Short title.

252.934 Short title.—This part may be cited as the “Florida Accidental Release Prevention and Risk Management Planning Act.”
History.—s. 1, ch. 98-193.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part IV - Accidental Release Prevention and Risk Management Planning (Ss. 252.934-252.946) › 252.935 - Purpose.

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.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part IV - Accidental Release Prevention and Risk Management Planning (Ss. 252.934-252.946) › 252.938 - Funding.

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.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part IV - Accidental Release Prevention and Risk Management Planning (Ss. 252.934-252.946) › 252.940 - Enforcement; procedure; remedies.

252.940 Enforcement; procedure; remedies.—
(1) The division 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 division 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 division 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 division 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; s. 30, ch. 2013-15.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part IV - Accidental Release Prevention and Risk Management Planning (Ss. 252.934-252.946) › 252.941 - Prohibitions, violations, penalties, intent.

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 division 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 division, as established by division 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 division 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; s. 31, ch. 2013-15.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part IV - Accidental Release Prevention and Risk Management Planning (Ss. 252.934-252.946) › 252.943 - Public records.

252.943 Public records.—
(1) The division 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 division are confidential and exempt from 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 division 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 division are confidential and exempt from 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 a court order.
History.—s. 1, ch. 98-406; s. 1, ch. 2003-103; s. 114, ch. 2011-142.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part IV - Accidental Release Prevention and Risk Management Planning (Ss. 252.934-252.946) › 252.944 - Tort liability.

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.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part IV - Accidental Release Prevention and Risk Management Planning (Ss. 252.934-252.946) › 252.946 - Public records.

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 division, 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 division, the commission, or a committee may furnish copies of such United States Environmental Protection Agency records.
History.—s. 1, ch. 98-193; s. 115, ch. 2011-142.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 253 - State Lands › 253.001 - Board of Trustees of the Internal Improvement Trust Fund; Duty to Hold Lands in Trust.

253.001 Board of Trustees of the Internal Improvement Trust Fund; duty to hold lands in trust.—The existence of the Board of Trustees of the Internal Improvement Trust Fund is reaffirmed. All lands held in the name of the board of trustees shall continue to be held in trust for the use and benefit of the people of the state pursuant to s. 7, Art. II, and s. 11, Art. X of the State Constitution.
History.—s. 1, ch. 79-255.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 253 - State Lands › 253.01 - Internal Improvement Trust Fund Established.

253.01 Internal Improvement Trust Fund established.—
(1)(a) So much of the 500,000 acres of land granted to this state for internal improvement purposes by an Act of Congress passed March 3, A. D. 1845, as remains unsold, and the proceeds of the sales of such lands heretofore sold as now remain on hand and unappropriated, and all proceeds that may hereafter accrue from the sales of such lands; and all the swampland or lands subject to overflow granted this state by an Act of Congress approved September 28, A. D. 1850, together with all the proceeds that have accrued or may hereafter accrue to the state from the sale of such lands, are set apart, and declared a separate and distinct fund called the Internal Improvement Trust Fund of the state, and are to be strictly applied according to the provisions of this chapter.
(b) All revenues received from application fees charged by the Division of State Lands for the use in any manner, lease, conveyance, or release of any interest in or for the sale of state lands, except revenues from such fees charged by the Department of Agriculture and Consumer Services for aquaculture leases under ss. 253.71(2) and 597.010, must be deposited into the Internal Improvement Trust Fund. The fees charged by the division for reproduction of records relating to state lands must also be placed into the fund. Revenues received by the Department of Agriculture and Consumer Services for aquaculture leases under ss. 253.71(2) and 597.010 shall be deposited in the General Inspection Trust Fund of the Department of Agriculture and Consumer Services.
(c) Notwithstanding any provisions of law to the contrary, if title to any state-owned lands is vested in the Board of Trustees of the Internal Improvement Trust Fund and the lands are located within the Everglades Agricultural Area, then all proceeds from the sale of any such lands shall be deposited into the Internal Improvement Trust Fund. The provisions of this paragraph shall not apply to those lands acquired pursuant to s. 607.0505 and former s. 620.192 or chapter 895.
(2) All revenues accruing from sources designated by law for deposit in the Internal Improvement Trust Fund shall be used for the acquisition, management, administration, protection, and conservation of state-owned lands.
History.—s. 1, ch. 610, 1854; RS 428; GS 616; RGS 1054; CGL 1384; s. 2, ch. 61-119; s. 1, ch. 82-185; s. 13, ch. 84-330; s. 23, ch. 89-175; s. 3, ch. 89-279; s. 16, ch. 89-324; s. 3, ch. 91-80; s. 1, ch. 91-187; s. 2, ch. 91-286; s. 1, ch. 92-109; s. 41, ch. 93-164; s. 489, ch. 94-356; s. 2, ch. 2000-364; ss. 40, 53, ch. 2001-254; s. 4, ch. 2003-2; s. 26, ch. 2006-1; s. 40, ch. 2007-73; s. 34, ch. 2008-153; s. 7, ch. 2010-4; s. 20, ch. 2013-41; s. 7, ch. 2015-3.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 253 - State Lands › 253.0325 - Modernization of State Lands Records.

253.0325 Modernization of state lands records.—
(1) The Department of Environmental Protection shall initiate an ongoing computerized information systems program to modernize its state lands records and documents that relate to all lands that have been acquired by all agencies under the Florida Preservation 2000 Act pursuant to s. 259.101 or the Florida Forever Act pursuant to s. 259.105. All recipients of Florida Forever funds shall annually submit their records for lands acquired for compilation of state lands records by the department. The program shall include, at a minimum:
(a) A document management component to automate the storage and retrieval of information contained in state lands records.
(b) A land records management component to organize the records by key elements present in the data.
(c) An evaluation component which includes the collection of resource and environmental data.
(d) A mapping component to generate and store maps of state-owned parcels using data from the land records management and evaluation components.
(2) At all stages of its records modernization program, the department shall seek to ensure information systems compatibility within the department and with other state, local, and regional governmental agencies. The department also shall seek to promote standardization in the collection of information regarding state-owned lands by federal, state, regional, and local agencies.
(3) The information collected and stored as a result of the department’s modernization of state lands records shall not be considered a final or complete accounting of lands which the state owns or to which the state may claim ownership.
History.—s. 6, ch. 90-217; s. 68, ch. 94-356; s. 4, ch. 2008-229.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 253 - State Lands › 253.0345 - Special Events; Submerged Land Leases.

253.0345 Special events; submerged land leases.—
(1) The trustees may issue leases or letters of consent to riparian landowners, special event promoters, and boat show owners to allow the installation of temporary structures, including docks, moorings, pilings, and access walkways, on sovereign submerged lands solely for the purpose of facilitating boat shows and displays in, or adjacent to, established marinas or government-owned upland property. Riparian owners of adjacent uplands who are not seeking a lease or letter of consent shall be notified by certified mail of any request for such a lease or letter of consent before approval by the trustees. The trustees shall balance the interests of any objecting riparian owners with the economic interests of the public and the state as a factor in determining whether a lease or letter of consent should be executed over the objection of adjacent riparian owners. This section does not apply to structures for viewing motorboat racing, high-speed motorboat contests, or high-speed displays in waters where manatees are known to frequent.
(2) A lease or letter of consent for a special event under subsection (1):
(a) Shall be for a period not to exceed 45 days and a duration not to exceed 10 consecutive years.
(b) Shall include a lease fee, if applicable, based solely on the period and actual size of the preemption and conditions to allow reconfiguration of temporary structures within the lease area with notice to the department of the configuration and size of preemption within the lease area.
(c) The lease or letter of consent may contain appropriate requirements for removal of the temporary structures, including the posting of sufficient surety to guarantee appropriate funds for removal of the structures should the promoter or riparian owner fail to do so within the time specified in the agreement.
(3) This section does not allow any lease or letter of consent that would result in harm to the natural resources of the area as a result of the structures or the activities of the special events agreed to.
History.—s. 1, ch. 98-339; s. 5, ch. 2013-92.