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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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An act relating to pollution control standards and 2
liability; amending s. 403.182, F.S.; providing that 3
the Secretary of Environmental Protection has 4
exclusive jurisdiction in setting standards or 5
procedures for evaluating environmental conditions and 6
assessing potential liability for the presence of 7
contaminants on certain agricultural lands; 8
prohibiting the secretary from delegating such 9
authority to a local governmental entity; providing 10
construction and applicability; providing an effective 11
date. 12
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Be It Enacted by the Legislature of the State of Florida: 14
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Section 1. Subsection (11) is added to section 403.182, 16
Florida Statutes, to read: 17
403.182 Local pollution control programs. — 18
(11)(a) Notwithstanding this section or any existing local 19
pollution control programs, the Secretary of Environmental 20
Protection has exclusive jurisdiction in setting standards or 21
procedures for evaluating environm ental conditions and assessing 22
potential liability for the presence of contaminants on land 23
that is classified as agricultural land pursuant to s. 193.461 24
and being converted to a nonagricultural use. The exclusive 25
ENROLLED
CS/HB 909 2022 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb0909-02-er
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
jurisdiction includes defining what const itutes all appropriate 26
inquiry consistent with 40 C.F.R. part 312 and guidance 27
thereunder. 28
(b) The secretary may not delegate the authority to set 29
standards or procedures for evaluating environmental conditions 30
and assessing potential liability under par agraph (a) to a 31
county, a municipality, or another unit of local government 32
through a local pollution control program under this section. 33
This subsection does not preempt the enforcement authority of a 34
county, a municipality, or another unit of local gover nment 35
through a local pollution control program under this section. 36
(c) This subsection does not apply to former agricultural 37
land for which a permit has been approved by a local government 38
to initiate development or for which development was completed 39
on or before July 1, 2022. 40
Section 2. This act shall take effect July 1, 2022. 41