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Home » US Law » 2022 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.

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 […]

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 […]

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.

252.85 – Fees.

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, […]

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 […]

252.87 – Supplemental state reporting requirements.

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 […]

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 […]

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.

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 […]

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 […]