Agenda 02/22/2011 Item #16B2
2/22/2011 Item 16.8.2.
EXECUTIVE SUMMARY
Recommend the Community Redevelopment Agency (CRA) approves CC&E Investments, LLe
and agents access CRA-owned property in the Gateway Triangle to install and monitor a ground
water monitoring well for remediation activities at 2068 Davis Blvd; authorize the CRA Chairman
to execute the access agreement; authorize the Executive Director to coordinate with appropriate
entities to ensure the security of subject property.
OBJECTIVE: To receive CRA approval for CC&E Investments, LLC and agents access eRA-owned
property in the Gateway Triangle to install and monitor a ground water monitoring well for remediation
activities at 2068 Davis Blvd; authorize the CRA Chairman to execute the access agreement; authorize
the Executive Director to coordinate with appropriate entities to ensure the security of subject property.
CONSIDERATIONS: In 2009, the CRA acquired six (6) targeted commercial parcels within the 14
acre mini-triangle to become an integral part of any future assemblage of the remaining land and
potentially leverage public-private partnerships with adjacent land owners. A seventh parcel, 2068 Davis
Blvd - a former gasoline station, was held under CRA purchase contract pending satisfactory
environmental clean-up and with a Florida Department of Environmental protection (FDEP) issued Site
Rehabilitation Correction Order (SRCO). In 2010, the CRA Board authorized the tennination of that
contract based on the seller's inability to provide an SRCO in a reasonable length of time.
As part of 2068 Davis Blvd's environmental cleanup activity, the FDEP had previously directed the
owner to install ground water monitoring wells to the north of his property, in the median of Davis Blvd
and on private land across the road. Currently FDEP has issued an additional directive to install a ground
water monitoring well on the CRA's property to the west of the subject site - 2054 Davis Blvd (Exhibit
A - pages 3 & 4). CC&E Investments, LLC's agent, ERMI, has requested "permission to enter
property" and install the well (Exhibit B). The well's location on CRA's land is shown in Exhibit C.
FISCAL IMPACT: None at this time other than staff time,
LEGAL CONSDERA TIONS: Access agreement has been reviewed by the County Attorney's Office
for legal sufficiency. In light of statutory authority to enter and inspect premises (F.S. 403,091(1)(c) -
Exhibit D) absent an access agreement, little merit is seen in withholding permission, A majority vote of
the CRA is necessary for CRA action. (STW)
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Collier County Community Redevelopment Agency approves
CC&E Investments, LLC and agents access CRA-owned property in the Gateway Triangle to install and
monitor a ground water monitoring well for remediation activities at 2068 Davis Blvd; authorize the
CRA Chainnan to execute the access agreement; authorize the Executive Director to coordinate with
appropriate entities to ensure the security of subject property.
Prepared by: David Jackson, on February 5, 2011
Executive Director, Bayshore Gateway Triangle CRA
1
Packet Page -701-
2/22/2011 Item 16.8.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B,2.
Item Summary: Recommend the Community Redevelopment Agency (CRA) approves
CC&E Investments, LLC and agents access CRA-owned property in the Gateway Triangle to
install and monitor a ground water monitoring well for remediation activities at 2068 Davis
Blvd; authorize the CRA Chairman to execute the access agreement; authorize the Executive
Director to coordinate with appropriate entities to ensure the security of subject property. Site
address: 2054 Davis Blvd.
Meeting Date: 2/22/2011
Prepared By
Name: JacksonDavid
Title: Executive Director, CRA,
2/8/2011 5:30:21 PM
Submitted by
Title: Executive Director, CRA,
Name: JacksonDavid
2/8/2011 5:30:22 PM
Approved By
Name: WilliamsSteven
Title: Assistant County Attorney,County Attorney
Date: 2/9/2011 8:06:54 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/10/2011 11 :55:46 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 2/14/2011 10:59: 16 AM
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2/22/2011 Item 16.8.2.
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 2/14/2011 11 :26:27 AM
Packet Page -703-
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Florida Department of
Environmental Protection
2/22/201t!1~.~ 16.8.2.
South District
P.O. Box 2549
Fort Myers, Fl 33902-2549
Icnnifer Carroll
Lt. CiovemC1f
Her~chel T. Vln)'aro.lr.
SecretaI)'
January 19, 2011
SENT VIA ELECTRONIC MAIL
Q;:.ulV$.
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Michael K. Corradi
CC&E Investments, LLC
POBox 9340
Naples, FL 34101
E-I'dail: \!'. \/,I,!.I,'1" :"'. eJ'-i"
I EXHIBIT A
Re: Collier Count\' - TK
First Fuel and Food
2068 Davis Boulevard
Naples, Florida 34104
DEP Facility No, 8518236
Discharge Date: May 12, 2009
Dear Mr.Corradi:
The Bureau of Petroleum Storage Systems has reviewed the Site Assessment Report
Addendum (SARA), dated October 29, 2010, prepared and submitted by Environmental
Risk Management, Inc. (ERMI). The document submitted is incomplete. Please
respond to the comments and recommendations in the Bureau's December 12, 2010
memorandum (enclosed) by March 18,2011,
Whenever possible, please submit your written response(s) electronically to
II:iJlj\.1II.u~hY~I.lJ.t'-E...,I,ll~'.f!.U". If there are any questions, please contact Paul Gruzlovic
at (850) 877-1133, x3708 or
Sincerely,
: . . ~t'
Erin M.tvIurphy
EnvIronmental Supervisor Jl
EMM/KH/rcd
Enclosure: (1) December 12, 2010 memo
cc:
Barry l\furphree, ERt\H - (via e-mail ," \
"More Prolcction, l.ess Process"
l\'ww.dep.sfale.n. [IS
Packet Page -704-
2/22/2011 Item 16.8.2.
I EXHIBIT
A
Memorandum
Florida Department of
Environmental Protection
To: Erin Murphy
Florida Department of Environmental Protection - South District
2295 Victoria Avenue, Suite 364, Fort Myers, Florida 33901-3875
Through: r~ichael Bland, P.G. . .
Florida Department of Environmental Protection, Bureau of Petroleum Storage
Systems, Petroleum Cleanup Section 4, Mail Station 4580
From:
Paul Gruzlovic, P.G.
Ecology and Environment, Inc., Petroleum Cleanup Section 6
Bureau of Petroleum Storage Systems, Mail Station 4590'
Date;
December 12,2010
Subject:
Review of Site Assessment Report Addendum
First Fuel and Food
2068 Davis Boulevard
Naples, Collier County
FDEP Facility ID No. 118518236
Discharge Date: May 12, 2009
Petroleum Cleanup Section 6 of the Bureau of Petroleum Storage Systems has reviewed
the October 29,2010 Site Assessment Report Addendum (SARA) prepared by Environmental
Risk Management, Inc. (ERMl). In an e-mail dated November 8, 2010, the Florida Department
of Environmental Protection (FDEP) South District requested that the FDEP Bureau of
Petroleum Storage Systems in Tallahassee issue review comments for the SARA
According to the SARA, a short-term groundwater recovery event was performed at the
site on May 7, 2010. A total of 615 gallons of groundwater were recovered from MW -4 with a
vacuum truck and disposed off-site. Groundwater samples obtained by ERMI on June 6, 2010
from MW-4, MW-5, and MW-6 indicated the short-term groundwater recovery event was not
effective in reducing the dissolved concentrations in the area ofMW-4. On July 27,2010, four
previously abandoned-in-place USTs were removed from the former dispenser area and a total of
166.8 tons ofpetroleum-impacted soil were excavated from below and to the north of the four
former USTs. Elevated OVA readings were detected at the north sidewall of the excavation and
the excavation could not be extended farther to the north due to the location of an underground
natural gas line. Based on a review of the information included in the SARA concerning the
short-term groundwater recovery event and the soil'excavation, Petroleum Cleanup Section 6 has
determined the source removal activities performed on May 27,2010 and July 27,2010 were
adequately documented in the SARA and that the 615 gallons of petroleum-impacted
groundwater and the 166.8 tons ofpetr01eum-impacted soil were prope!ly disposed off-site.
"More Protection. Less Process'
Visit Our Internet Site At: www.dep.state.f1.uslwaste/categorles/pcp/default.htm
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eS18:136b_SAAA,doc
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2/22/2011 Item 16.8.2.
MemorandUm
FDEP Facility ID No, 118518236
December 12, 2010
Page two
I EXHIBIT _k -I
The SARA also documented the additional assessment activities completed in August
2010 and September 2010. On August 12 and 13, 2010, three additional shallow monitoring
wells (MW-9, MW-10, and MW-ll) and one vertical extent monitoring well (DW-l) were
installed. A comprehensive groundwater sampling event (MW -1 through MW -11 and DW -1)
was performed on August 25, 2010. The groundwater analytical results indicated the
. groundwater cleanup target levels (CTLs) were not exceeded for the groundwater sample
obtained from DW -1; however, several petroleum contaminants of concern were detected in
excess of the natural attenuation default criteria (NADCs) andlor groundwater CTLs for the
groundwater samples obtained from shallow monitoring wells MW -4 and MW -10. In addition,
the groundwater sample obtained on August 25, 2010 from MW -9 exceeded the groundwater
CTLs for naphthalene arid isopropylbenzene. ERMI resampled MW -9 on September 21, 2010
and isopropylbenzene was detected in the sample in excess of its groundwater CTL and NADC
value.
Two separate source areas can be identified for the May 12, 2009 discharge from the
groundwater analytical data. The first source area is the former dispensers/former location of the
. abandoned-in-place USTs (vicinity ofMW-4 and MW-IO) and the second source area is the
former tank farm located to the west of the store building (viciIiity ofMW-9).
A recommendation was included in the SARA by ERMI to prepare a Remedial Action
Plan (RAP) as the next proposed course of action. Based on a review of the SARA, Petroleum
Cleanup Section 6 has determined all of the Site Assessment requirements outlined in Chapter
62-770, Florida Administrative Code (F .A.C.), have not been attained for the May 12, 2009
discharge and additional assessment activities will need to be performed as the next proposed
course of action instead of preparing a RAP. The following comments will need to be addressed
in a Site Assessment Report Addendum #2 (SARA #2):
. .
1)
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Five additional shallow (water table) monitoring wells (MW-12 through MW-16) should
be installed at the proposed locations indicated on the attached map. The pwpose of the
additional wells is to define the horizontal extent of the groundwater contamination
detected in the area ofMW-9 and to better define the magnitude of the groundwater
contamination to the east ofMW-4 and MW.10. During the installation ofMW-12
through MW-16, OVA readings should be obtained at two-foot intervals to the total depth
of the wells. Boring logs and well construction/development forms should be included in
the SARA #2 for MW-12 through MW-16.
1::
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2)
A groundwater sampling event should be performed forMW-4, MW-9, MW-12 through
MW-16, and DW-l. The groundwater samples obtained from MW-4, MW-9, and DW.l
should be analyzed for BTEX/MTBE, isopropylbenzene, 1,2,3-trimethylbenzene,
1,3,5-trimethylbenzene;and l,2,4-trimethylbenzene, The groundwater samples obtained
(
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2/22/2011 Item 16.B.2.
Memorandum
FDEP Facility ill No. 118518236
December 12, 2010
Page three
I EXHIBIT A
3)
>r
from MW-12 through MW-16 should be analyzed for BTEX/MTBE, isopropylbenzene,
1,2,3-trimethylbenzene, 1,3,5-trimethylbenzene, l,2,4-trimethylbenzene, pARs, and
TRPHs. r Cpj..
If the groundwater analytical results for 'MW -16 exceed the groundwater CTLs for one or
more contaminants of concern, then the initial notice of contamination be ond the
ro erty boundaries needs to be completed an should include all of the re uirements
specified in paragraphs 62-770.220(2 (a) through (d), F.A.C. The complete noticing
packet should be mailed to the Division of Waste Management at the Department's
Tallahassee Office (Division of Waste Management, Florida Department of
Environmental Protection, 2600 Blair Stone Road, Mail Station 4500, Tallahassee,
Florida, 32399-2400) and copies of the noticing packet should also be provided to the
FDEP South District and to the county health department.
.1\
4) Anytime a contaminant is detected in excess of its CTL value, the contaminant has to be
listed on the summary analytical table included in the report. l,2,3-trimethylbenzene,
1,3,5-trimethylbenzene, and 1,2,4-trimethylbenzene were detected in excess of the
groundwater CTLs and the NADCs for the groundwater sample obtained from MW -lOon
August 25, 2010. The groundwater analytical summary table (Table 5) included in the
SARA should be revised in the SARA #2 to also include the historical and current results
for 1,2,3-trimethylbenzene, 1,3,S-trimethylbenzene, and 1,2,4-trimethylbenzene for each
welllisted on the table.
5) Updated isoconcentration contour maps should be included in the SARA #2 illustrating
the horizontal extent of the isopropylbenzene, 1,2,4-trimethy1benzene, benzene,
naphthalene, and TRPH groundwater contamination. The most recent analytical data for
MW-l through MW-16 should be used in the construction of the isoconcentratiop
contour maps.
6) The top of casing elevations should be surveyed for MW-12 through MW-16. At the
time of the proposed groundwater sampling event, depth to water readings should be
obtained from MW-l through MW-16 and DW-l. A groundwater elevation contour map
should be included in the SAR..<\ #2 illustrating the direction of groundwater flow. An
updated groundwater elevation summary table should also be included in the SARA #2,
7) The site map needs to be revised by showing the locations of the underground natural gas
line and all other underground and aboveground utility lines, For each map included in
the SARA #2, the former locations of all dispensers and tanks should be indicated with
dashed lines and the total horizontal extent for the soil excavated during the two soil
excavations should also be illustrated on the maps.
B51 B2:l6b_SARA,doc
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2/22/2011 Item 16.8.2.
Memorandum
FDEP Facility ill No, 118518236
December 12,2010
Page four
I EXHIBIT A
8) The SPLP Analytical Summary Table (Table 4) of the SARA will need to be revised in
the SARA #2, The BTEX/MTBE and P AH SPLP results for the SB-13IA and SB-135A
soil samples are not valid because the BTEX/MTBE and P AH SPLP samples were
analyzed outside of the holding times. A revised SPLP Analytical Swnmary Table should
be included in the SARA #2 that includes the lab qualifier (Q) after each of the
concentrations for the BTEXtMTBE and P AH contaminants listed on the table for
SB-131A and SB-135A, and a footnote should be included at the bottom of the table for
the Q qualifier explaining that the BTEXlMTBE and P AH SPLP results for the samples
are not valid because the samples were analyzed outside of the holding time.
9) Soil contamination within the vadose zone currently exists at the site in excess of the soil
CTLs. Even though the SB-131A and the SB-135A TRPH soil samples obtained on June
7,2010 passed the SPLP test for TRPHs, TRPHs were still detected in the SB-131A and
the SB..135A samples in excess oithe residential direct exposure soil CTL for TRPHs.
As indicated above, the SB-131A and SB-135A SPLP results for BTEXfMTBE and
PARs are not valid because the samples were analyzed outside of the holding times.
ERMI appears to have excavated the petroleum-impacted soil in the areas ofSB-131A
and SB-135A during the second excavation on July 27,2010, but elevated OVA readings.
were detected at the northern wall (near the natural gas line) ofthe excavation (SB-151 .
and SB-152 locations) and ERMI did not collect any additional soil lab samples from the
north wall at the tim~ of the July 27, 2010 soil excavation. ERMI concluded in the
SARA #2 that soil with OVA readings of approximately 1,000 ppm correlate to
laboratory detections in excess of the soil CTLs, but no soil analY.tical data have been
obtained for OVA readings ranging from 106 ppm to 1,019 ppm. Due to the absence of
soil analytical data for OVA readings ranging from 106 ppm to 1,019 ppm, Petroleum
Cleanup Section 6 believes a more conservative OVA reading of 200 ppm should be used
to represent soil contamination requiring remediation. A map should be included in the
SARA #2 illustrating the current horizontal exte,nt of soil contamination within the
vadose zone (OVA readings in excess of 200 ppm) that still requires remediation.
10) The OVA data obtained during the installation of the monitoring wells (MW -1 through
MW-16 and DW-1) as well as the OVA data obtained from all of the soil borings
identified on Figure 2 (Soil Boring Locations) ofthe SARA should also be included on a
revised OVA summary table (Table 1 of the SARA) in the SARA #2.
11) A recommendation for the next proposed course of action for the May 12, 2009 discharge
should be included in the SARA #2.
851823Gb_SARA.doc
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Memorandum
FDEP Facility ill No. 118518236
December 12,2010
Page five
I EXHIBIT. .fr
I
2/22/2011 Item 16.B.2.
. If you have any questions, please contact me by telephone at (850) 877-1133 (extension
3708) or bye-mail atpgmzlovic@ene.com.
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S. incerely, ~ . . ~~ ':>':.--:~<(o%.
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February 4. 2011
ML David Jackson
Collier County Communit~ Redovelopment Agency
4069 Bayshore Drive
Naples. Florida 34112
I EXHIBIT
B
RE: Request for Site Access
2()5~ Davis Boule,'ard
Naples, Florida 34104
ERMI File No. E2110J
Dear Mr. Jackson:
As you aware, the fonner Citgo station located at 2068 Davis Boulevard. Naples. Florida is currently
undergoing site assessment activities associated with an underground fuel storage tank system. Our
finn, Environmental Risk Management. Inc. (ERMI) has been contracted to conduct the assessment
and cleanup of any petroleum impacts to the soil and groundwater at the subject property. as well as
any adjacent properties that may be affected. All work will be conducted as required by Florida State
la\\',
ERMI is seeking your cooperation with this project so that we may accurately assess the entire
impacted area and efficiently remedy the matter. ERMI would like to obtain \\Titten penllission from
you to access your property. located at 2054 Davis Boulevard. in order to complete the assessment
and remediation project.
ERMI also wishes to install and sample a groundwater monitoring well on your property in order to
investigate the possible presence of impacts migrating from the fonner Citgo station. There would be
some minimal disruption during the well installation process. but this work will have no detrimental
impact to your property. The well will be finished with a 2-foot by 2-foot concrete pad and 6-inch
manhole cover, The well will be removed. and your property will be returned to its prior condition
following the completion of the project. Prior to initiating anyon-site activity. we \vill notify you and
discuss the details and schedule.
If your property has been impacted by the source described above. this work will help us to identify
and clean up any impacts. Please sign the attached agreement (#3. 4. 5. and 6 are specifically written
to protect your interests). Please return a copy of this letter and the signed agreement to ERMI as
soon as possible so that we may move forward on this assessment in a timely fashion. You may
email the fonus to bmurphree@enlli.net or fax the forms to us at 1-888-368-6329. Feel free to call
me at 239-834-9066 if you have any questions, Thank you for your assistance with this project.
Sincerely.
ENVIRONMENTAL RISK MANAGEMENT. INC.
13~ .AI VJ'1.j?~-
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Barry Murphree. PG
Professional Geologist
Headquarters... 12401 Brantley Commons Court Suite 101 .. Fort Myers. Florida 33907
1-888-ENV-MGMT (1-888-368-6468) J Fax 1-888-368-6329 J www,ermLnet
Packet Page -711-
2/22/2011 Item 16.B.2.
PERMISSION TO ENTER PROPERTY
1. r'undersigned"), an Authorized Collier County
Representative, hereby gives permission to Environmental Risk Management, Inc. (ERMI)
and its agents and subcontractors to enter the undersigned's property ("the property") located
at the 2054 Davis Boulevard, Naples, Florida 34104,
2. This pennission to access the property is for the following activities:
a, Investigation of soil and groundwater including, but not limited to, soil sampling,
installing and sampling groundwater monitoring wells, and preparing site sketches,
b, Removal and/or disposal of any contaminated soil and water produced from
monitoring well installation activities.
3. Upon completion of the investigation, ERMI will restore the property as near as practicable
to the condition that existed immediately prior to the commencement of such activities,
4. The granting of this permission by the undersigned is not intended, nor should it be
construed, as an admission of liability on the part of the undersigned or the undersigned's
successors and assigns for any contamination discovered on the property.
5. ERMI, its agents, representatives or subcontractors may enter the property during normal
business hours and may also make special arrangements to enter the property at other times
after agreement from the undersigned.
6. ERMI acknowledges and accepts its responsibility for damages caused by the acts of its
employees while on the property.
7. The Florida Department of Environmental ~otection acknowledges and accepts any
responsibility it may have under applicable law (Section 768.28. Florida Statutes) for
damages caused by the acts of its employees acting within the scope of their employment
while on the property.
Authorized Collier County Representative
Date
following authorized agent:
mpany Representative
Fei3f2vMh( Of/ Zoll
Date
Approved as to form & legal Sufficiency
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2/22/2011 Item 16.8.2.
EXHIBIT 0
Title XXIX
PUBLIC HEALTH
403.091
Chanter 403
ENVIRONMENTAL CONTROL
View Entire Chanter
Inspections.
(1)(a) Any duly authorized representative of the department may at any reasonable
time enter and inspect, for the purpose of ascertaining the state of compliance with the
law or rules and regulations of the department, any property, premises, or place, except
a building which is used exclusively for a private residence, on or at which:
1. A hazardous waste generator, transporter, or facility or other air or water
contaminant source;
2. A discharger, including any nondomestic discharger which introduces any
pollutant into a publicly owned treatment works;
3. Any facility, as defined in s. 376.301; or
4. A resource recovery and management facility is located or is being constructed or
installed or where records which are required under this chapter, ss. 376.30-376.317, or
department rule are kept.
(b) Any duly authorized representative may at reasonable times have access to and
copy any records required under this chapter or ss. 376.30-376.317; inspect any
monitoring equipment or method; sample for any pollutants as defined in s. 376.301,
effluents, or wastes which the owner or operator of such source may be discharging or
which may otherwise be located on or underlying the owner's or operator's property;
and obtain any other information necessary to determine compliance with permit
conditions or other requirements of this chapter, ss. 376.30-376.317, or department
rules.
(c) No person shall 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 any such inspection. The owner or operator of the premises shall receive
a report, if requested, setting forth all facts found which relate to compliance status.
(2) An inspection pursuant to subsection (I) 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 of the place or
thing to be searched.
(b) Upon proper affidavit being made, an inspection warrant may be issued under
the provisions of this chapter or ss. ':1"'7~ ':10 ':1"'7~ ':11 "'7.
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1 _ Whpn at ~nnp.~rs that the nroDertles to he lIlsDected Olav be connected with or
EXHIBIT 0
2/22/2011 Item 16.8.2.
contain evidence of the violation of any of the provisions of this chapter or ss. 376.30-
376.317 or any rule properly promulgated thereunder; or
2. When the inspection sought is an integral part of a larger scheme of systematic
routine inspections which are necessary to, and consistent with, the continuing efforts of
the department to ensure compliance with the provisions of this chapter or ss. 376.30-
376.317 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 may receive
further testimony from witnesses, supporting affidavits, or depositions in writing to
support the application. The affidavit and further proof, if had or required, shall 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 the issuing of the inspection warrant, the judge shall thereupon 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 forthwith to inspect the
property described in the warrant.
History. s. 10, ch. 67-436; ss. 26,35, ch. 69-106; s. 1, ch. 80-302; s. 6, ch. 82-27; s. 26,
ch. 84-338; s. 25, ch. 86-159; s. 9, ch. 89-188; s. 69, ch. 91-221; s. 3, ch. 97-103; s. 81, ch.
2007-5.
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