THE BILL ITSELF
HB 5701
Petroleum Cleanup Programs
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A bill to be entitled
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An act relating to petroleum cleanup programs;
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amending ss. 376.3071 and 376.3072 F.S.; removing the
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2025-2026 fiscal year limitation on prohibiting
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certain deductibles and copays, prohibiting
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enforcement of certain monetary caps, requiring that
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certain costs be absorbed at the expense of the Inland
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Protection Trust Fund, and providing exceptions;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (i) of subsection (13) of section
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376.3071, Florida Statutes, is amended, and paragraph (g) of subsection (15) is reenacted, to read:
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376.3071 Inland Protection Trust Fund; creation; purposes;
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funding.—
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(13) PETROLEUM CLEANUP PARTICIPATION PROGRAM.—To encourage
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detection, reporting, and cleanup of contamination caused by
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discharges of petroleum or petroleum products, the department
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shall, within the guidelines established in this subsection,
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implement a cleanup program to provide rehabilitation funding
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assistance for all property contaminated by discharges of
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petroleum or petroleum products from a petroleum storage system
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occurring before January 1, 1995. Eligibility is subject to an
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annual appropriation from the fund. Additionally, funding for
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eligible sites is contingent upon annual appropriation in
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subsequent years. Such continued state funding is not an
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entitlement or a vested right under this subsection. Eligibility
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shall be determined in the program, notwithstanding any other
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provision of law, consent order, order, judgment, or ordinance
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to the contrary.
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(i) Notwithstanding this section, for the 2025-2026 fiscal
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year, program deductibles and copayments may not be assessed,
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monetary caps may not be enforced, and all costs for activities
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described in this subsection must be absorbed at the expense of
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the Inland Protection Trust Fund, without recourse to
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reimbursement or recovery, with the following exceptions:
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1. This paragraph does not apply to a site where the
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department has been denied site access to implement this
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section.
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2. This paragraph does not authorize or require
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reimbursement from the fund for costs expended before the
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beginning of the grace period.
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3. Upon discovery by the department that the owner or
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operator of a petroleum storage system has been grossly
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negligent in the maintenance of such petroleum storage system;
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has, with willful intent to conceal the existence of a serious
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discharge, falsified inventory or reconciliation records
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maintained with respect to the site at which such system is
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located; or has intentionally damaged such petroleum storage
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system, the site at which such system is located is ineligible
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for participation in the incentive program and the owner is
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liable for all costs due to discharges from petroleum storage
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systems at that site.
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This paragraph expires July 1, 2026.
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(15) ETHANOL OR BIODIESEL DAMAGE; PREVENTIVE MEASURES.—The
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department shall pay, pursuant to this subsection, up to $10
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million each fiscal year from the fund for the costs of labor
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and equipment to repair or replace petroleum storage systems
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that may have been damaged due to the storage of fuels blended
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with ethanol or biodiesel, or for preventive measures to reduce
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the potential for such damage.
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(g) Payments may not be made for the following:
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1. Proposal costs or costs related to preparation of the
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application and required documentation;
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2. Certified public accountant costs;
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3. Except as provided in paragraph (j), any costs in
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excess of the amount approved by the department under paragraph
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(b) or which are not in substantial compliance with the purchase
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order;
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4. Costs associated with storage tanks, piping, or
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ancillary equipment that has previously been repaired or
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replaced for which costs have been paid under this section;
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5. Facilities that are not in compliance with department
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storage tank rules, until the noncompliance issues have been
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resolved; or
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6. Costs associated with damage to petroleum storage
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systems caused in whole or in part by causes other than the
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storage of fuels blended with ethanol or biodiesel.
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Section 2. Subsection (5) of section 376.3072, Florida
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Statutes, is amended to read:
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376.3072 Florida Petroleum Liability and Restoration
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Insurance Program.—
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(5) Notwithstanding subsections (1)-(4), for the 2025-2026
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fiscal year, program deductibles or copayments may not be
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assessed, monetary caps may not be enforced, and all costs for
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activities described in this section must be absorbed at the
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expense of the Inland Protection Trust Fund, without recourse to
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reimbursement or recovery, with the following exceptions:
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(a) This subsection does not apply to a site where the
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department has been denied site access to implement this
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section.
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(b) This subsection does not authorize or require
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reimbursement from the fund for costs expended before the
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beginning of the grace period.
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(c) Upon discovery by the department that the owner or
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operator of a petroleum storage system has been grossly
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negligent in the maintenance of such petroleum storage system;
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has, with willful intent to conceal the existence of a serious
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discharge, falsified inventory or reconciliation records
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maintained with respect to the site at which such system is
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located; or has intentionally damaged such petroleum storage
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system, the site at which such system is located is ineligible
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for participation in the incentive program and the owner is
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liable for all costs due to discharges from petroleum storage
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systems at that site.
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This subsection expires July 1, 2026.
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Section 3. This act shall take effect July 1, 2026.