THE BILL ITSELF
CS/CS/HB 1019
Perfluoroalkyl and Polyfluoroalkyl Substances
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An act relating to perfluoroalkyl and polyfluoroalkyl
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substances; providing a short title; creating s.
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376.911, F.S.; defining the terms "aqueous film-
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forming foam" and "department"; prohibiting, beginning
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on a specified date, certain use and the sale,
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purchase, or distribution of aqueous film-forming
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foam; requiring, beginning on a specified date,
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certain entities to submit aqueous film-forming foam
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inventories and disposal plans to the Department of
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Environmental Protection; prohibiting, beginning on a
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specified date, the possession and use of aqueous
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film-forming foam; providing applicability; providing
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duties of the department; authorizing the department
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to administer certain grants or cost share programs;
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providing penalties and injunctive relief; amending s.
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403.086, F.S.; requiring certain public entities
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disposing of domestic wastewater biosolids and treated
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effluent to quarterly conduct specified samplings and
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submit the results to the Department of Environmental
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Protection; limiting the purpose of such samplings and
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results until specified standards are established by
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the United States Environmental Protection Agency and
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adopted by the department; providing an effective
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date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Joe Casello Act."
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Section 2. Section 376.911, Florida Statutes, is created
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to read:
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376.911 Aqueous film-forming foam.—
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(1) As used in this section, the term:
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(a) "Aqueous film-forming foam" means any firefighting
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foam containing intentionally added perfluoroalkyl and
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polyfluoroalkyl substances, including perfluorooctanoic acid and
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perfluorooctane sulfonate as defined by the United States
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Environmental Protection Agency.
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(b) "Department" means the Department of Environmental
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Protection.
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(2) Effective July 1, 2026:
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(a) Aqueous film-forming foam may not be used for any
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nonemergency instruction, training, or testing.
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(b) All entities in possession of aqueous film-forming
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foam must report inventories to the department.
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(3) Effective July 1, 2027:
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(a) The sale, purchase, or distribution of aqueous film-
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forming foam within this state is prohibited.
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(b) All entities with remaining inventories of aqueous
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film-forming foam must submit a disposal plan to the department.
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(4) Effective July 1, 2029, possession and use of aqueous
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film-forming foam is prohibited in this state.
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(5) The prohibition under subsection (4) does not apply
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to:
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(a) Airports as defined in s. 330.27.
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(b) Military applications where alternatives do not exist.
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(c) Emergency firefighting situations where alternative
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firefighting foam is not available, including mutual aid where
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state or local firefighting authorities may not have adequate
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equipment to dispense alternatives.
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(d) Specific aqueous film-forming foam retrofit projects
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that have been submitted under an application with state or
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local firefighting authorities.
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(6) The department shall:
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(a) Adopt rules for containment, collection, and disposal
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of aqueous film-forming foam.
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(b) Maintain a registry of firefighting foam alternatives
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that do not contain perfluoroalkyl and polyfluoroalkyl
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substances.
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(c) Provide technical assistance and grants for transition
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to products that do not contain perfluoroalkyl and
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polyfluoroalkyl substances.
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(7) The department may administer grants or cost share
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programs to assist local fire departments and airports in
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transitioning to products that do not contain perfluoroalkyl and
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polyfluoroalkyl substances.
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(8) A person who violates this act is subject to:
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(a) Civil penalties not to exceed $10,000 for each
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violation for each day the violation persists.
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(b) Additional penalties for failure to report inventories
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or submit disposal plans.
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(c) The department may seek injunctive relief to enforce
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compliance with this section.
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Section 3. Subsection (12) is added to section 403.086,
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Florida Statutes, to read:
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403.086 Sewage disposal facilities; advanced and secondary
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waste treatment.—
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(12)(a) All public entities disposing of domestic
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wastewater biosolids and treated effluent that have a designed
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average daily flow of 25,000 or more gallons per day must
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quarterly conduct at least one biosolids and treated effluent
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sampling, as applicable, for perfluoroalkyl and polyfluoroalkyl
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substances, including perfluorooctanoic acid and perfluorooctane
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sulfonate, and submit the results to the department. The
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sampling must be conducted in accordance with department rules.
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(b) Until water quality standards for perfluoroalkyl and
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polyfluoroalkyl substances are established by the United States
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Environmental Protection Agency and adopted by the department,
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the sampling and reporting conducted pursuant to paragraph (a)
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is for informational purposes only and may not be the basis for
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any department enforcement action or other cause of action.
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Section 4. This act shall take effect July 1, 2026.