Bill Text: FL S1582 | 2014 | Regular Session | Comm Sub


Bill Title: Rehabilitation of Petroleum Contamination Sites

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-04-30 - Laid on Table, companion bill(s) passed, see CS/HB 7093 (Ch. 2014-151) [S1582 Detail]

Download: Florida-2014-S1582-Comm_Sub.html
       Florida Senate - 2014                             CS for SB 1582
       
       
        
       By the Committee on Appropriations; and Senator Dean
       
       
       
       
       
       576-04569-14                                          20141582c1
    1                        A bill to be entitled                      
    2         An act relating to rehabilitation of petroleum
    3         contamination sites; amending s. 287.0595, F.S.;
    4         removing the restriction of applicability for certain
    5         contracts for pollution response action; amending s.
    6         376.3071, F.S.; revising legislative findings and
    7         intent regarding the Petroleum Restoration Program and
    8         the rehabilitation of contamination sites; providing
    9         requirements for site rehabilitation contracts and
   10         procedures for payment of rehabilitation work under
   11         the Petroleum Restoration Program; limiting
   12         eligibility for funding under the Early Detection
   13         Incentive Program; deleting obsolete provisions
   14         relating to reimbursement for certain cleanup
   15         expenses; repealing s. 376.30711, F.S., relating to
   16         preapproved site rehabilitation; amending s.
   17         376.30713, F.S.; providing that applicants can use a
   18         demonstration of a cost savings in meeting the
   19         required cost share commitment if bundling multiple
   20         sites; requiring the department to determine whether
   21         such cost savings demonstrations is acceptable;
   22         amending ss. 376.301, 376.302, 376.305, 376.30714,
   23         376.3072, 376.3073, and 376.3075, F.S.; conforming
   24         provisions to changes made by the act; providing an
   25         effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Subsection (4) of section 287.0595, Florida
   30  Statutes, is amended to read:
   31         287.0595 Pollution response action contracts; department
   32  rules.—
   33         (4) This section does not apply to contracts which must be
   34  negotiated under s. 287.055.
   35         Section 2. Section 376.3071, Florida Statutes, is amended
   36  to read:
   37         376.3071 Inland Protection Trust Fund; creation; purposes;
   38  funding.—
   39         (1) FINDINGS.—In addition to the legislative findings set
   40  forth in s. 376.30, the Legislature finds and declares:
   41         (a) That significant quantities of petroleum and petroleum
   42  products are being stored in storage systems in this state,
   43  which is a hazardous undertaking.
   44         (b) That spills, leaks, and other discharges from such
   45  storage systems have occurred, are occurring, and will continue
   46  to occur and that such discharges pose a significant threat to
   47  the quality of the groundwaters and inland surface waters of
   48  this state.
   49         (c) That, where contamination of the ground or surface
   50  water has occurred, remedial measures have often been delayed
   51  for long periods while determinations as to liability and the
   52  extent of liability are made and that such delays result in the
   53  continuation and intensification of the threat to the public
   54  health, safety, and welfare; in greater damage to water
   55  resources and the environment; and in significantly higher costs
   56  to contain and remove the contamination.
   57         (d) That adequate financial resources must be readily
   58  available to provide for the expeditious supply of safe and
   59  reliable alternative sources of potable water to affected
   60  persons and to provide a means for investigation and cleanup of
   61  contamination sites without delay.
   62         (e) That it is necessary to fulfill the intent and purposes
   63  of ss. 376.30-376.317, and further it is hereby determined to be
   64  in the best interest of, and necessary for the protection of the
   65  public health, safety, and general welfare of the residents of
   66  this state, and therefore a paramount public purpose, to provide
   67  for the creation of a nonprofit public benefit corporation as an
   68  instrumentality of the state to assist in financing the
   69  functions provided in ss. 376.30-376.317 and to authorize the
   70  department to enter into one or more service contracts with such
   71  corporation for the purpose provision of financing services
   72  related to such functions and to make payments thereunder from
   73  the amount on deposit in the Inland Protection Trust Fund,
   74  subject to annual appropriation by the Legislature.
   75         (f) That to achieve the purposes established in paragraph
   76  (e) and in order to facilitate the expeditious handling and
   77  rehabilitation of contamination sites and remedial measures with
   78  respect to contamination sites provided hereby without delay, it
   79  is in the best interests of the residents of this state to
   80  authorize such corporation to issue evidences of indebtedness
   81  payable from amounts paid by the department under any such
   82  service contract entered into between the department and such
   83  corporation.
   84         (g) That the Petroleum Restoration Program must be
   85  implemented in a manner that reduces costs and improves the
   86  efficiency of rehabilitation activities to reduce the
   87  significant backlog of contaminated sites eligible for state
   88  funded rehabilitation and the corresponding threat to water
   89  resources, the environment, and the public health, safety, and
   90  welfare.
   91         (2) INTENT AND PURPOSE.—
   92         (a) It is the intent of the Legislature to establish the
   93  Inland Protection Trust Fund to serve as a repository for funds
   94  which will enable the department to respond without delay to
   95  incidents of inland contamination related to the storage of
   96  petroleum and petroleum products in order to protect the public
   97  health, safety, and welfare and to minimize environmental
   98  damage.
   99         (b) It is the intent of the Legislature that the department
  100  implement rules and procedures to improve the efficiency of the
  101  Petroleum Restoration Program. The department is directed to
  102  implement rules and policies to eliminate and reduce duplication
  103  of site rehabilitation efforts, paperwork, and documentation,
  104  and micromanagement of site rehabilitation tasks.
  105         (c) It is the intent of the Legislature that rehabilitation
  106  of contamination sites be conducted with emphasis on first
  107  addressing the sites that pose the greatest threat to water
  108  resources, the environment, and the public health, safety, and
  109  welfare, within the availability of funds in the Inland
  110  Protection Trust Fund, recognizing that source removal, wherever
  111  it is technologically feasible and cost effective, significantly
  112  reduces contamination or eliminates the spread of contamination
  113  and protects water resources, the environment, and the public
  114  health, safety, and welfare.
  115         (d)(c) The department is directed to adopt and implement
  116  uniform and standardized forms for the requests for preapproval
  117  site rehabilitation work and for the submittal of reports to
  118  ensure that information is submitted to the department in a
  119  concise, standardized uniform format seeking only information
  120  that is necessary.
  121         (e)(d) The department is directed to implement computerized
  122  and electronic filing capabilities of preapproval requests and
  123  submittal of reports in order to expedite submittal of the
  124  information and elimination of delay in paperwork. The
  125  computerized, electronic filing system shall be implemented no
  126  later than January 1, 1997.
  127         (e) The department is directed to adopt uniform scopes of
  128  work with templated labor and equipment costs to provide
  129  definitive guidance as to the type of work and authorized
  130  expenditures that will be allowed for preapproved site
  131  rehabilitation tasks.
  132         (f) The department is directed to establish guidelines for
  133  consideration and acceptance of new and innovative technologies
  134  for site rehabilitation work.
  135         (3) CREATION.—There is hereby created the Inland Protection
  136  Trust Fund, hereinafter referred to as the “fund,” to be
  137  administered by the department. This fund shall be used by the
  138  department as a nonlapsing revolving fund for carrying out the
  139  purposes of this section and s. 376.3073. To this fund shall be
  140  credited all penalties, judgments, recoveries, reimbursements,
  141  loans, and other fees and charges related to the implementation
  142  of this section and s. 376.3073 and the excise tax revenues
  143  levied, collected, and credited pursuant to ss. 206.9935(3) and
  144  206.9945(1)(c). Charges against the fund shall be made pursuant
  145  to in accordance with the provisions of this section.
  146         (4) USES.—Whenever, in its determination, incidents of
  147  inland contamination related to the storage of petroleum or
  148  petroleum products may pose a threat to water resources, the
  149  environment, or the public health, safety, or welfare, the
  150  department shall obligate moneys available in the fund to
  151  provide for:
  152         (a) Prompt investigation and assessment of contamination
  153  sites.
  154         (b) Expeditious restoration or replacement of potable water
  155  supplies as provided in s. 376.30(3)(c)1.
  156         (c) Rehabilitation of contamination sites, which shall
  157  consist of cleanup of affected soil, groundwater, and inland
  158  surface waters, using the most cost-effective alternative that
  159  is technologically feasible and reliable, and that provides
  160  adequate protection of water resources and the public health,
  161  safety, and welfare, and that minimizes environmental damage,
  162  pursuant to in accordance with the site selection and cleanup
  163  criteria established by the department under subsection (5),
  164  except that this paragraph does not nothing herein shall be
  165  construed to authorize the department to obligate funds for
  166  payment of costs that which may be associated with, but are not
  167  integral to, site rehabilitation, such as the cost for
  168  retrofitting or replacing petroleum storage systems.
  169         (d) Maintenance and monitoring of contamination sites.
  170         (e) Inspection and supervision of activities described in
  171  this subsection.
  172         (f) Payment of expenses incurred by the department in its
  173  efforts to obtain from responsible parties the payment or
  174  recovery of reasonable costs resulting from the activities
  175  described in this subsection.
  176         (g) Payment of any other reasonable costs of
  177  administration, including those administrative costs incurred by
  178  the Department of Health in providing field and laboratory
  179  services, toxicological risk assessment, and other assistance to
  180  the department in the investigation of drinking water
  181  contamination complaints and costs associated with public
  182  information and education activities.
  183         (h) Establishment and implementation of the compliance
  184  verification program as authorized in s. 376.303(1)(a),
  185  including contracting with local governments or state agencies
  186  to provide for the administration of such program through
  187  locally administered programs, to minimize the potential for
  188  further contamination sites.
  189         (i) Funding of the provisions of ss. 376.305(6) and
  190  376.3072.
  191         (j) Activities related to removal and replacement of
  192  petroleum storage systems, exclusive of costs of any tank,
  193  piping, dispensing unit, or related hardware, if soil removal is
  194  approved preapproved as a component of site rehabilitation and
  195  requires removal of the tank where remediation is conducted
  196  under this section s. 376.30711 or if such activities were
  197  justified in an approved remedial action plan performed pursuant
  198  to subsection (12).
  199         (k) Activities related to reimbursement application
  200  preparation and activities related to reimbursement application
  201  examination by a certified public accountant pursuant to
  202  subsection (12).
  203         (k)(l) Reasonable costs of restoring property as nearly as
  204  practicable to the conditions that which existed before prior to
  205  activities associated with contamination assessment or remedial
  206  action taken under s. 376.303(4).
  207         (l)(m) Repayment of loans to the fund.
  208         (m)(n) Expenditure of sums from the fund to cover
  209  ineligible sites or costs as set forth in subsection (13), if
  210  the department in its discretion deems it necessary to do so. In
  211  such cases, the department may seek recovery and reimbursement
  212  of costs in the same manner and pursuant to in accordance with
  213  the same procedures as are established for recovery and
  214  reimbursement of sums otherwise owed to or expended from the
  215  fund.
  216         (n)(o) Payment of amounts payable under any service
  217  contract entered into by the department pursuant to s. 376.3075,
  218  subject to annual appropriation by the Legislature.
  219         (o)(p) Petroleum remediation pursuant to this section s.
  220  376.30711 throughout a state fiscal year. The department shall
  221  establish a process to uniformly encumber appropriated funds
  222  throughout a state fiscal year and shall allow for emergencies
  223  and imminent threats to water resources, human health and the
  224  environment, and the public health, safety, and welfare, as
  225  provided in paragraph (5)(a). This paragraph does not apply to
  226  appropriations associated with the free product recovery
  227  initiative provided in of paragraph (5)(c) or the preapproved
  228  advanced cleanup program provided in of s. 376.30713.
  229         (p)(q) Enforcement of this section and ss. 376.30-376.317
  230  by the Fish and Wildlife Conservation Commission. The department
  231  shall disburse moneys to the commission for such purpose.
  232  
  233  The Inland Protection Trust Fund may only be used to fund the
  234  activities in ss. 376.30-376.317 except ss. 376.3078 and
  235  376.3079. Amounts on deposit in the Inland Protection Trust fund
  236  in each fiscal year shall first be applied or allocated for the
  237  payment of amounts payable by the department pursuant to
  238  paragraph (n) (o) under a service contract entered into by the
  239  department pursuant to s. 376.3075 and appropriated in each year
  240  by the Legislature before prior to making or providing for other
  241  disbursements from the fund. Nothing in This subsection does not
  242  shall authorize the use of the Inland Protection Trust fund for
  243  cleanup of contamination caused primarily by a discharge of
  244  solvents as defined in s. 206.9925(6), or polychlorinated
  245  biphenyls when their presence causes them to be hazardous
  246  wastes, except solvent contamination which is the result of
  247  chemical or physical breakdown of petroleum products and is
  248  otherwise eligible. Facilities used primarily for the storage of
  249  motor or diesel fuels as defined in ss. 206.01 and 206.86 are
  250  shall be presumed not to be excluded from eligibility pursuant
  251  to this section.
  252         (5) SITE SELECTION AND CLEANUP CRITERIA.—
  253         (a) The department shall adopt rules to establish
  254  priorities based upon a scoring system for state-conducted
  255  cleanup at petroleum contamination sites based upon factors that
  256  include, but need not be limited to:
  257         1. The degree to which the public human health, safety, or
  258  welfare may be affected by exposure to the contamination;
  259         2. The size of the population or area affected by the
  260  contamination;
  261         3. The present and future uses of the affected aquifer or
  262  surface waters, with particular consideration as to the
  263  probability that the contamination is substantially affecting,
  264  or will migrate to and substantially affect, a known public or
  265  private source of potable water; and
  266         4. The effect of the contamination on water resources and
  267  the environment.
  268  
  269  Moneys in the fund shall then be obligated for activities
  270  described in paragraphs (4)(a)-(e) at individual sites pursuant
  271  to in accordance with such established criteria. However,
  272  nothing in this paragraph does not shall be construed to
  273  restrict the department from modifying the priority status of a
  274  rehabilitation site where conditions warrant, taking into
  275  consideration the actual distance between the contamination site
  276  and groundwater or surface water receptors or other factors that
  277  affect the risk of exposure to petroleum products’ chemicals of
  278  concern. The department may use the effective date of a
  279  department final order granting eligibility pursuant to
  280  subsections (10) (9) and (13) and ss. 376.305(6) and 376.3072 to
  281  establish a prioritization system within a particular priority
  282  scoring range.
  283         (b) It is the intent of the Legislature to protect the
  284  health of all people under actual circumstances of exposure. The
  285  secretary shall establish criteria by rule for the purpose of
  286  determining, on a site-specific basis, the rehabilitation
  287  program tasks that comprise a site rehabilitation program and
  288  the level at which a rehabilitation program task and a site
  289  rehabilitation program are may be deemed completed. In
  290  establishing the rule, the department shall incorporate, to the
  291  maximum extent feasible, risk-based corrective action principles
  292  to achieve protection of water resources, human health and
  293  safety and the environment, and the public health, safety, and
  294  welfare in a cost-effective manner as provided in this
  295  subsection. Criteria for determining what constitutes a
  296  rehabilitation program task or completion of site rehabilitation
  297  program tasks and site rehabilitation programs shall be based
  298  upon the factors set forth in paragraph (a) and the following
  299  additional factors:
  300         1. The current exposure and potential risk of exposure to
  301  humans and the environment including multiple pathways of
  302  exposure.
  303         2. The appropriate point of compliance with cleanup target
  304  levels for petroleum products’ chemicals of concern. The point
  305  of compliance shall be at the source of the petroleum
  306  contamination. However, the department may is authorized to
  307  temporarily move the point of compliance to the boundary of the
  308  property, or to the edge of the plume when the plume is within
  309  the property boundary, while cleanup, including cleanup through
  310  natural attenuation processes in conjunction with appropriate
  311  monitoring, is proceeding. The department may also is
  312  authorized, pursuant to criteria provided for in this paragraph,
  313  to temporarily extend the point of compliance beyond the
  314  property boundary with appropriate monitoring, if such extension
  315  is needed to facilitate natural attenuation or to address the
  316  current conditions of the plume and if water resources, provided
  317  human health, public safety, and the environment, and the public
  318  health, safety, and welfare are adequately protected. Temporary
  319  extension of the point of compliance beyond the property
  320  boundary, as provided in this subparagraph, must shall include
  321  notice to local governments and owners of any property into
  322  which the point of compliance is allowed to extend.
  323         3. The appropriate site-specific cleanup goal. The site
  324  specific cleanup goal shall be that all petroleum contamination
  325  sites ultimately achieve the applicable cleanup target levels
  326  provided in this paragraph. However, the department may is
  327  authorized to allow concentrations of the petroleum products’
  328  chemicals of concern to temporarily exceed the applicable
  329  cleanup target levels while cleanup, including cleanup through
  330  natural attenuation processes in conjunction with appropriate
  331  monitoring, is proceeding, if water resources provided human
  332  health, public safety, and the environment, and the public
  333  health, welfare, and safety are adequately protected.
  334         4. The appropriateness of using institutional or
  335  engineering controls. Site rehabilitation programs may include
  336  the use of institutional or engineering controls to eliminate
  337  the potential exposure to petroleum products’ chemicals of
  338  concern to humans or the environment. Use of such controls must
  339  have prior department approval be preapproved by the department,
  340  and may institutional controls shall not be acquired with moneys
  341  funds from the Inland Protection Trust fund. When institutional
  342  or engineering controls are implemented to control exposure, the
  343  removal of such controls must have prior department approval and
  344  must be accompanied immediately by the resumption of active
  345  cleanup, or other approved controls, unless cleanup target
  346  levels pursuant to this paragraph have been achieved.
  347         5. The additive effects of the petroleum products’
  348  chemicals of concern. The synergistic effects of petroleum
  349  products’ chemicals of concern must shall also be considered
  350  when the scientific data becomes available.
  351         6. Individual site characteristics that must which shall
  352  include, but not be limited to, the current and projected use of
  353  the affected groundwater in the vicinity of the site, current
  354  and projected land uses of the area affected by the
  355  contamination, the exposed population, the degree and extent of
  356  contamination, the rate of contaminant migration, the apparent
  357  or potential rate of contaminant degradation through natural
  358  attenuation processes, the location of the plume, and the
  359  potential for further migration in relation to site property
  360  boundaries.
  361         7. Applicable state water quality standards.
  362         a. Cleanup target levels for petroleum products’ chemicals
  363  of concern found in groundwater shall be the applicable state
  364  water quality standards. Where such standards do not exist, the
  365  cleanup target levels for groundwater shall be based on the
  366  minimum criteria specified in department rule. The department
  367  shall consider the following, as appropriate, in establishing
  368  the applicable minimum criteria: calculations using a lifetime
  369  cancer risk level of 1.0E-6; a hazard index of 1 or less; the
  370  best achievable detection limit; the naturally occurring
  371  background concentration; or nuisance, organoleptic, and
  372  aesthetic considerations.
  373         b. Where surface waters are exposed to petroleum
  374  contaminated groundwater, the cleanup target levels for the
  375  petroleum products’ chemicals of concern shall be based on the
  376  surface water standards as established by department rule. The
  377  point of measuring compliance with the surface water standards
  378  shall be in the groundwater immediately adjacent to the surface
  379  water body.
  380         8. Whether deviation from state water quality standards or
  381  from established criteria is appropriate. The department may
  382  issue a “No Further Action Order” based upon the degree to which
  383  the desired cleanup target level is achievable and can be
  384  reasonably and cost-effectively implemented within available
  385  technologies or engineering and institutional control
  386  strategies. Where a state water quality standard is applicable,
  387  a deviation may not result in the application of cleanup target
  388  levels more stringent than the said standard. In determining
  389  whether it is appropriate to establish alternate cleanup target
  390  levels at a site, the department may consider the effectiveness
  391  of source removal that has been completed at the site and the
  392  practical likelihood of: the use of low yield or poor quality
  393  groundwater; the use of groundwater near marine surface water
  394  bodies; the current and projected use of the affected
  395  groundwater in the vicinity of the site; or the use of
  396  groundwater in the immediate vicinity of the storage tank area,
  397  where it has been demonstrated that the groundwater
  398  contamination is not migrating away from such localized source,
  399  if water resources; provided human health, public safety, and
  400  the environment, and the public health, safety, and welfare are
  401  adequately protected.
  402         9. Appropriate cleanup target levels for soils.
  403         a. In establishing soil cleanup target levels for human
  404  exposure to petroleum products’ chemicals of concern found in
  405  soils from the land surface to 2 feet below land surface, the
  406  department shall consider the following, as appropriate:
  407  calculations using a lifetime cancer risk level of 1.0E-6; a
  408  hazard index of 1 or less; the best achievable detection limit;
  409  or the naturally occurring background concentration.
  410         b. Leachability-based soil target levels shall be based on
  411  protection of the groundwater cleanup target levels or the
  412  alternate cleanup target levels for groundwater established
  413  pursuant to this paragraph, as appropriate. Source removal and
  414  other cost-effective alternatives that are technologically
  415  feasible shall be considered in achieving the leachability soil
  416  target levels established by the department. The leachability
  417  goals do not apply shall not be applicable if the department
  418  determines, based upon individual site characteristics, that
  419  petroleum products’ chemicals of concern will not leach into the
  420  groundwater at levels which pose a threat to water resources,
  421  human health and safety or the environment, or the public
  422  health, safety, or welfare.
  423  
  424  However, nothing in This paragraph does not shall be construed
  425  to restrict the department from temporarily postponing
  426  completion of any site rehabilitation program for which funds
  427  are being expended whenever such postponement is deemed
  428  necessary in order to make funds available for rehabilitation of
  429  a contamination site with a higher priority status.
  430         (c) The department shall require source removal, if
  431  warranted and cost-effective, at each site eligible for
  432  restoration funding from the Inland Protection Trust fund.
  433         1. Funding for free product recovery may be provided in
  434  advance of the order established by the priority ranking system
  435  under paragraph (a) for site cleanup activities. However, a
  436  separate prioritization for free product recovery shall be
  437  established consistent with paragraph (a). No more than $5
  438  million shall be encumbered from the Inland Protection Trust
  439  fund in any fiscal year for free product recovery conducted in
  440  advance of the priority order under paragraph (a) established
  441  for site cleanup activities.
  442         2. Once free product removal and other source removal
  443  identified in this paragraph are completed at a site, and
  444  notwithstanding the order established by the priority ranking
  445  system under paragraph (a) for site cleanup activities, the
  446  department may reevaluate the site to determine the degree of
  447  active cleanup needed to continue site rehabilitation. Further,
  448  the department shall determine whether if the reevaluated site
  449  qualifies for natural attenuation monitoring, long-term natural
  450  attenuation monitoring, or no further action. If additional site
  451  rehabilitation is necessary to reach no further action status,
  452  the site rehabilitation shall be conducted in the order
  453  established by the priority ranking system under paragraph (a).
  454  The department shall use utilize natural attenuation monitoring
  455  strategies and, when cost-effective, transition sites eligible
  456  for restoration funding assistance to long-term natural
  457  attenuation monitoring where the plume is shrinking or stable
  458  and confined to the source property boundaries and the petroleum
  459  products’ chemicals of concern meet the natural attenuation
  460  default concentrations, as defined by department rule. If the
  461  plume migrates beyond the source property boundaries, natural
  462  attenuation monitoring may be conducted pursuant to in
  463  accordance with department rule, or if the site no longer
  464  qualifies for natural attenuation monitoring, active remediation
  465  may be resumed. For long-term natural attenuation monitoring, if
  466  the petroleum products’ chemicals of concern increase or are not
  467  significantly reduced after 42 months of monitoring, or if the
  468  plume migrates beyond the property boundaries, active
  469  remediation shall be resumed as necessary. For sites undergoing
  470  active remediation, the department shall evaluate template the
  471  cost of natural attenuation monitoring pursuant to s. 376.30711
  472  to ensure that site mobilizations are performed in a cost
  473  effective manner. Sites that are not eligible for state
  474  restoration funding may transition to long-term natural
  475  attenuation monitoring using the criteria in this subparagraph.
  476  Nothing in This subparagraph does not preclude precludes a site
  477  from pursuing a “No Further Action” order with conditions.
  478         3. The department shall evaluate whether higher natural
  479  attenuation default concentrations for natural attenuation
  480  monitoring or long-term natural attenuation monitoring are cost
  481  effective and would adequately protect water resources, public
  482  health and the environment, and the public health, safety, and
  483  welfare. The department shall also evaluate site-specific
  484  characteristics that would allow for higher natural attenuation
  485  or long-term natural attenuation concentration levels.
  486         4. A local government may not deny a building permit based
  487  solely on the presence of petroleum contamination for any
  488  construction, repairs, or renovations performed in conjunction
  489  with tank upgrade activities to an existing retail fuel facility
  490  if the facility was fully operational before the building permit
  491  was requested and if the construction, repair, or renovation is
  492  performed by a licensed contractor. All building permits and any
  493  construction, repairs, or renovations performed in conjunction
  494  with such permits must comply with the applicable provisions of
  495  chapters 489 and 553.
  496         (6) CONTRACTING AND CONTRACTOR SELECTION REQUIREMENTS.—
  497         (a) Site rehabilitation work on sites that are eligible for
  498  state-funded cleanup from the fund pursuant to this section and
  499  ss. 376.305(6), 376.3072, and 376.3073 may be funded only
  500  pursuant to this section. A facility operator shall abate the
  501  source of discharge for a new release that occurred after March
  502  29, 1995. If free product is present, the operator shall notify
  503  the department, and the department may direct the removal of the
  504  free product. The department shall grant approval to continue
  505  site rehabilitation pursuant to this section.
  506         (b) When contracting for site rehabilitation activities
  507  performed under the Petroleum Restoration Program, the
  508  department shall comply with competitive procurement
  509  requirements provided in chapter 287 or rules adopted under this
  510  section or s. 287.0595.
  511         (c) Each contractor performing site assessment and
  512  remediation activities for state-funded sites under this section
  513  shall certify to the department that the contractor meets all
  514  certification and license requirements imposed by law. Each
  515  contractor shall certify to the department that the contractor
  516  meets the following minimum qualifications:
  517         1. Complies with applicable Occupational Safety and Health
  518  Administration regulations.
  519         2. Maintains workers’ compensation insurance for employees
  520  as required by the Florida Workers’ Compensation Law.
  521         3. Maintains comprehensive general liability and
  522  comprehensive automobile liability insurance with minimum limits
  523  of at least $1 million per occurrence and $1 million annual
  524  aggregate to pay claims for damage for personal injury,
  525  including accidental death, as well as claims for property
  526  damage that may arise from performance of work under the
  527  program, which insurance designates the state as an additional
  528  insured party.
  529         4. Maintains professional liability insurance of at least
  530  $1 million per occurrence and $1 million annual aggregate.
  531         5. Has the capacity to perform or directly supervise the
  532  majority of the rehabilitation work at a site pursuant to s.
  533  489.113(9).
  534         (d) The department rules implementing this section must
  535  specify that only qualified vendors may submit responses on a
  536  competitive solicitation. The department rules must also include
  537  procedures for the rejection of vendors not meeting the minimum
  538  qualifications on the opening of a competitive solicitation and
  539  requirements for a vendor to maintain its qualifications in
  540  order to enter contracts or perform rehabilitation work.
  541         (e) A contractor that performs services pursuant to this
  542  subsection may file invoices for payment with the department for
  543  the services described in the approved contract. The invoices
  544  for payment must be submitted to the department on forms
  545  provided by the department, together with evidence documenting
  546  that activities were conducted or completed pursuant to the
  547  approved contract. If there are sufficient unencumbered funds
  548  available in the fund which have been appropriated for
  549  expenditure by the Legislature and if all of the terms of the
  550  approved contract have been met, invoices for payment must be
  551  paid pursuant to s. 215.422. After a contractor has submitted
  552  its invoices to the department, and before payment is made, the
  553  contractor may assign its right to payment to another person
  554  without recourse of the assignee or assignor to the state. In
  555  such cases, the assignee must be paid pursuant to s. 215.422.
  556  Prior notice of the assignment and assignment information must
  557  be made to the department and must be signed and notarized by
  558  the assigning party.
  559         (f) The contractor shall submit an invoice to the
  560  department within 30 days after the date of the department’s
  561  written acceptance of each interim deliverable or written
  562  approval of the final deliverable specified in the approved
  563  contract.
  564         (g) The department shall make payments based on the terms
  565  of an approved contract for site rehabilitation work. The
  566  department may, based on its experience and the past performance
  567  and concerns regarding a contractor, retain up to 25 percent of
  568  the contracted amount or use performance bonds to ensure
  569  performance. The amount of retainage and the amount of
  570  performance bonds, as well as the terms and conditions for such,
  571  must be included in the approved contract.
  572         (h) The contractor or the person to which the contractor
  573  has assigned its right to payment pursuant to paragraph (e)
  574  shall make prompt payment to subcontractors and suppliers for
  575  their costs associated with an approved contract pursuant to s.
  576  287.0585(1).
  577         (i) The exemption under s. 287.0585(2) does not apply to
  578  payments associated with an approved contract.
  579         (j) The department may withhold payment if the validity or
  580  accuracy of a contractor’s invoices or supporting documents is
  581  in question.
  582         (k) This section does not authorize payment to a person for
  583  costs of contaminated soil treatment or disposal that does not
  584  meet the applicable rules of this state for such treatment or
  585  disposal, including all general permitting, state air emission
  586  standards, monitoring, sampling, and reporting rules more
  587  specifically described by department rules.
  588         (l) The department shall terminate or suspend a
  589  contractor’s eligibility for participation in the program if the
  590  contractor fails to perform its contractual duties for site
  591  rehabilitation program tasks.
  592         (m) A site owner or operator, or his or her designee, may
  593  not receive any remuneration, in cash or in kind, directly or
  594  indirectly, from a rehabilitation contractor performing site
  595  cleanup activities pursuant to this section.
  596         (7)(6) FUNDING.—The Inland Protection Trust Fund shall be
  597  funded as follows:
  598         (a) All excise taxes levied, collected, and credited to the
  599  fund in accordance with the provisions of ss. 206.9935(3) and
  600  206.9945(1)(c).
  601         (b) All penalties, judgments, recoveries, reimbursements,
  602  and other fees and charges credited to the fund pursuant to in
  603  accordance with the provisions of subsection (3).
  604         (8)(7) DEPARTMENTAL DUTY TO SEEK RECOVERY AND
  605  REIMBURSEMENT.—
  606         (a) Except as provided in subsection (10) (9) and as
  607  otherwise provided by law, the department shall recover to the
  608  use of the fund from a person or persons at any time causing or
  609  having caused the discharge or from the Federal Government,
  610  jointly and severally, all sums owed or expended from the fund,
  611  pursuant to s. 376.308, except that the department may decline
  612  to pursue such recovery if it finds the amount involved too
  613  small or the likelihood of recovery too uncertain. Sums
  614  recovered as a result of damage due to a discharge related to
  615  the storage of petroleum or petroleum products or other similar
  616  disaster shall be apportioned between the fund and the General
  617  Revenue Fund so as to repay the full costs to the General
  618  Revenue Fund of any sums disbursed therefrom as a result of such
  619  disaster. A Any request for reimbursement to the fund for such
  620  costs, if not paid within 30 days after of demand, shall be
  621  turned over to the department for collection.
  622         (b) Except as provided in subsection (10) (9) and as
  623  otherwise provided by law, it is the duty of the department in
  624  administering the fund diligently to pursue the reimbursement to
  625  the fund of any sum expended from the fund for cleanup and
  626  abatement pursuant to in accordance with the provisions of this
  627  section or s. 376.3073, unless the department finds the amount
  628  involved too small or the likelihood of recovery too uncertain.
  629  For the purposes of s. 95.11, the limitation period within which
  630  to institute an action to recover such sums shall begin commence
  631  on the last date on which any such sums were expended, and not
  632  the date on which that the discharge occurred.
  633         (c)1. The department may perform financial and technical
  634  audits in order to verify site restoration costs and ensure
  635  compliance with this chapter. The department shall seek recovery
  636  of any overpayment based on the findings of the audits. The
  637  department must begin an audit within 5 years after the date of
  638  payment for costs incurred at a facility, except in cases in
  639  which the department alleges specific facts indicating fraud.
  640         2. Upon determination by the department that any portion of
  641  costs that have been paid from the fund is disallowed, the
  642  department shall provide written notice to the recipient of the
  643  payment specifying the allegations of fact that justify the
  644  department’s proposed action and ordering repayment of
  645  disallowed costs within 60 days after receipt of such notice.
  646         3. If the recipient does not make payment to the department
  647  within 60 days after receipt of such notice, the department
  648  shall seek recovery in a court of competent jurisdiction to
  649  recover the overpayment, unless the department finds the amount
  650  involved too small or the likelihood of recovery too uncertain.
  651         4. In addition to the amount of the overpayment, the
  652  recipient is liable to the department for interest of 1 percent
  653  per month or the prime rate, whichever is less, on the amount of
  654  the overpayment from the date of the overpayment by the
  655  department until the recipient satisfies the department’s
  656  request for repayment pursuant to this paragraph. The accrual of
  657  interest shall be tolled during the pendency of any litigation.
  658         (d) Claims that accrued under former reimbursement or
  659  preapproval programs are expressly preserved.
  660         (e)(c) If the department initiates an enforcement action to
  661  clean up a contaminated site and determines that the responsible
  662  party cannot is financially unable to undertake complete
  663  restoration of the contaminated site, that the current property
  664  owner was not responsible for the discharge when the
  665  contamination first occurred, or that the state’s interest can
  666  best be served by conducting cleanup, the department may enter
  667  into an agreement with the responsible party or property owner
  668  whereby the department agrees to conduct site rehabilitation and
  669  the responsible party or property owner agrees to pay for the
  670  portion of the cleanup costs that are within such party’s or
  671  owner’s financial capabilities as determined by the department,
  672  taking into consideration the party’s or owner’s net worth and
  673  the economic impact on the party or owner.
  674         (9)(8) INVESTMENTS; INTEREST.—Moneys in the fund which are
  675  not needed currently to meet the obligations of the department
  676  in the exercise of its responsibilities under this section and
  677  s. 376.3073 shall be deposited with the Chief Financial Officer
  678  to the credit of the fund and may be invested in such manner as
  679  is provided for by law statute. The interest received on such
  680  investment shall be credited to the fund. Any provisions of law
  681  to the contrary notwithstanding, such interest may be freely
  682  transferred between the this trust fund and the Water Quality
  683  Assurance Trust Fund, in the discretion of the department.
  684         (10)(9) EARLY DETECTION INCENTIVE PROGRAM.—To encourage
  685  early detection, reporting, and cleanup of contamination from
  686  leaking petroleum storage systems, the department shall, within
  687  the guidelines established in this subsection, conduct an
  688  incentive program that provides which shall provide for a 30
  689  month grace period ending on December 31, 1988. Pursuant
  690  thereto:
  691         (a) The department shall establish reasonable requirements
  692  for the written reporting of petroleum contamination incidents
  693  and shall distribute forms to registrants under s. 376.303(1)(b)
  694  and to other interested parties upon request to be used for such
  695  purpose. Until such forms are available for distribution, the
  696  department shall take reports of such incidents, however made,
  697  but shall notify any person making such a report that a complete
  698  written report of the incident will be required by the
  699  department at a later time, the form for which will be provided
  700  by the department.
  701         (b) When reporting forms become available for distribution,
  702  all sites involving incidents of contamination from petroleum
  703  storage systems initially reported to the department at any time
  704  from midnight on June 30, 1986, to midnight on December 31,
  705  1988, shall be qualified sites if, provided that such a complete
  706  written report is filed with respect thereto within a reasonable
  707  time. Subject to the delays which may occur as a result of the
  708  prioritization of sites under paragraph (5)(a) for any qualified
  709  site, costs for activities described in paragraphs (4)(a)-(e)
  710  shall be absorbed at the expense of the fund, without recourse
  711  to reimbursement or recovery, with the following exceptions:
  712         1. The provisions of This subsection does shall not apply
  713  to a any site where the department has been denied site access
  714  to implement the provisions of this section.
  715         2. The provisions of This subsection does shall not be
  716  construed to authorize or require reimbursement from the fund
  717  for costs expended before prior to the beginning of the grace
  718  period, except as provided in subsection (12).
  719         3.a. Upon discovery by the department that the owner or
  720  operator of a petroleum storage system has been grossly
  721  negligent in the maintenance of such petroleum storage system;
  722  has, with willful intent to conceal the existence of a serious
  723  discharge, falsified inventory or reconciliation records
  724  maintained with respect to the site at which such system is
  725  located; or has intentionally damaged such petroleum storage
  726  system, the site at which such system is located shall be
  727  ineligible for participation in the incentive program and the
  728  owner shall be liable for all costs due to discharges from
  729  petroleum storage systems at that site, any other provisions of
  730  chapter 86-159, Laws of Florida, to the contrary
  731  notwithstanding. For the purposes of this paragraph, willful
  732  failure to maintain inventory and reconciliation records,
  733  willful failure to make monthly monitoring system checks where
  734  such systems are in place, and failure to meet monitoring and
  735  retrofitting requirements within the schedules established under
  736  chapter 62-761, Florida Administrative Code, or violation of
  737  similar rules adopted by the department under this chapter,
  738  constitutes shall be construed to be gross negligence in the
  739  maintenance of a petroleum storage system.
  740         b. The department shall redetermine the eligibility of
  741  petroleum storage systems for which a timely Early Detection
  742  Incentive Program EDI application was filed, but which were
  743  deemed ineligible by the department, under the following
  744  conditions:
  745         (I) The owner or operator, on or before March 31, 1991,
  746  shall submit, in writing, notification that the storage system
  747  is now in compliance with department rules adopted pursuant to
  748  s. 376.303, and which requests the department to reevaluate the
  749  storage system eligibility; and
  750         (II) The department verifies the storage system compliance
  751  based on a compliance inspection.
  752  
  753  Provided, however, that A site may be determined eligible by the
  754  department for good cause shown, including, but not limited to,
  755  demonstration by the owner or operator that to achieve
  756  compliance would cause an increase in the potential for the
  757  spread of the contamination.
  758         c. Redetermination of eligibility pursuant to sub
  759  subparagraph b. shall not be available to:
  760         (I) Petroleum storage systems owned or operated by the
  761  Federal Government.
  762         (II) Facilities that denied site access to the department.
  763         (III) Facilities where a discharge was intentionally
  764  concealed.
  765         (IV) Facilities that were denied eligibility due to:
  766         (A) Absence of contamination, unless any such facility
  767  subsequently establishes that contamination did exist at that
  768  facility on or before December 31, 1988.
  769         (B) Contamination from substances that were not petroleum
  770  or a petroleum product.
  771         (C) Contamination that was not from a petroleum storage
  772  system.
  773         d. EDI Applicants who demonstrate compliance for a site
  774  pursuant to sub-subparagraph b. are eligible for the Early
  775  Detection Incentive Program and site rehabilitation funding
  776  pursuant to subsections subsection (5) and (6) s. 376.30711.
  777  
  778  If, in order to avoid prolonged delay, the department in its
  779  discretion deems it necessary to expend sums from the fund to
  780  cover ineligible sites or costs as set forth in this paragraph,
  781  the department may do so and seek recovery and reimbursement
  782  therefor in the same manner and pursuant to in accordance with
  783  the same procedures as are established for recovery and
  784  reimbursement of sums otherwise owed to or expended from the
  785  fund.
  786         (c) A No report of a discharge made to the department by a
  787  any person pursuant to in accordance with this subsection, or
  788  any rules adopted promulgated pursuant to this subsection may
  789  not hereto, shall be used directly as evidence of liability for
  790  such discharge in any civil or criminal trial arising out of the
  791  discharge.
  792         (d) The provisions of This subsection does shall not apply
  793  to petroleum storage systems owned or operated by the Federal
  794  Government.
  795         (11)(10) VIOLATIONS; PENALTY.—A It is unlawful for any
  796  person may not to:
  797         (a) Falsify inventory or reconciliation records maintained
  798  in compliance with chapters 62-761 and 62-762, Florida
  799  Administrative Code, with willful intent to conceal the
  800  existence of a serious leak; or
  801         (b) Intentionally damage a petroleum storage system.
  802  
  803  A Any person convicted of such a violation commits shall be
  804  guilty of a felony of the third degree, punishable as provided
  805  in s. 775.082, s. 775.083, or s. 775.084.
  806         (12)(11) SITE CLEANUP.—
  807         (a) Voluntary cleanup.—This section does not prohibit a
  808  person from conducting site rehabilitation either through his or
  809  her own personnel or through responsible response action
  810  contractors or subcontractors when such person is not seeking
  811  site rehabilitation funding from the fund. Such voluntary
  812  cleanups must meet all applicable environmental standards.
  813         (b) Low-scored site initiative.—Notwithstanding subsections
  814  (5) and (6) s. 376.30711, a any site with a priority ranking
  815  score of 29 points or less may voluntarily participate in the
  816  low-scored site initiative regardless of, whether or not the
  817  site is eligible for state restoration funding.
  818         1. To participate in the low-scored site initiative, the
  819  responsible party or property owner must affirmatively
  820  demonstrate that the following conditions are met:
  821         a. Upon reassessment pursuant to department rule, the site
  822  retains a priority ranking score of 29 points or less.
  823         b. No Excessively contaminated soil, as defined by
  824  department rule, does not exist exists onsite as a result of a
  825  release of petroleum products.
  826         c. A minimum of 6 months of groundwater monitoring
  827  indicates that the plume is shrinking or stable.
  828         d. The release of petroleum products at the site does not
  829  adversely affect adjacent surface waters, including their
  830  effects on human health and the environment.
  831         e. The area of groundwater containing the petroleum
  832  products’ chemicals of concern is less than one-quarter acre and
  833  is confined to the source property boundaries of the real
  834  property on which the discharge originated.
  835         f. Soils onsite that are subject to human exposure found
  836  between land surface and 2 feet below land surface meet the soil
  837  cleanup target levels established by department rule or human
  838  exposure is limited by appropriate institutional or engineering
  839  controls.
  840         2. Upon affirmative demonstration of the conditions under
  841  subparagraph 1., the department shall issue a determination of
  842  “No Further Action.” Such determination acknowledges that
  843  minimal contamination exists onsite and that such contamination
  844  is not a threat to water resources, human health or the
  845  environment, or the public health, safety, or welfare. If no
  846  contamination is detected, the department may issue a site
  847  rehabilitation completion order.
  848         3. Sites that are eligible for state restoration funding
  849  may receive payment of preapproved costs for the low-scored site
  850  initiative as follows:
  851         a. A responsible party or property owner may submit an
  852  assessment plan designed to affirmatively demonstrate that the
  853  site meets the conditions under subparagraph 1. Notwithstanding
  854  the priority ranking score of the site, the department may
  855  approve preapprove the cost of the assessment pursuant to s.
  856  376.30711, including 6 months of groundwater monitoring, not to
  857  exceed $30,000 for each site. The department may not pay the
  858  costs associated with the establishment of institutional or
  859  engineering controls.
  860         b. The assessment work shall be completed no later than 6
  861  months after the department issues its approval.
  862         c. No more than $10 million for the low-scored site
  863  initiative may be encumbered from the Inland Protection Trust
  864  fund in any fiscal year. Funds shall be made available on a
  865  first-come, first-served basis and shall be limited to 10 sites
  866  in each fiscal year for each responsible party or property
  867  owner.
  868         d. Program deductibles, copayments, and the limited
  869  contamination assessment report requirements under paragraph
  870  (13)(c) do not apply to expenditures under this paragraph.
  871         (12) REIMBURSEMENT FOR CLEANUP EXPENSES.—Except as provided
  872  in s. 2(3), chapter 95-2, Laws of Florida, this subsection shall
  873  not apply to any site rehabilitation program task initiated
  874  after March 29, 1995. Effective August 1, 1996, no further site
  875  rehabilitation work on sites eligible for state-funded cleanup
  876  from the Inland Protection Trust Fund shall be eligible for
  877  reimbursement pursuant to this subsection. The person
  878  responsible for conducting site rehabilitation may seek
  879  reimbursement for site rehabilitation program task work
  880  conducted after March 28, 1995, in accordance with s. 2(2) and
  881  (3), chapter 95-2, Laws of Florida, regardless of whether the
  882  site rehabilitation program task is completed. A site
  883  rehabilitation program task shall be considered to be initiated
  884  when actual onsite work or engineering design, pursuant to
  885  chapter 62-770, Florida Administrative Code, which is integral
  886  to performing a site rehabilitation program task has begun and
  887  shall not include contract negotiation and execution, site
  888  research, or project planning. All reimbursement applications
  889  pursuant to this subsection must be submitted to the department
  890  by January 3, 1997. The department shall not accept any
  891  applications for reimbursement or pay any claims on applications
  892  for reimbursement received after that date; provided, however if
  893  an application filed on or prior to January 3, 1997, was
  894  returned by the department on the grounds of untimely filing, it
  895  shall be refiled within 30 days after the effective date of this
  896  act in order to be processed.
  897         (a) Legislative findings.—The Legislature finds and
  898  declares that rehabilitation of contamination sites should be
  899  conducted in a manner and to a level of completion which will
  900  protect the public health, safety, and welfare and will minimize
  901  damage to the environment.
  902         (b) Conditions.
  903         1. The owner, operator, or his or her designee of a site
  904  which is eligible for restoration funding assistance in the EDI,
  905  PLRIP, or ATRP programs shall be reimbursed from the Inland
  906  Protection Trust Fund of allowable costs at reasonable rates
  907  incurred on or after January 1, 1985, for completed program
  908  tasks as identified in the department rule promulgated pursuant
  909  to paragraph (5)(b), or uncompleted program tasks pursuant to
  910  chapter 95-2, Laws of Florida, subject to the conditions in this
  911  section. It is unlawful for a site owner or operator, or his or
  912  her designee, to receive any remuneration, in cash or in kind,
  913  directly or indirectly from the rehabilitation contractor.
  914         2. Nothing in this subsection shall be construed to
  915  authorize reimbursement to any person for costs of contaminated
  916  soil treatment or disposal that does not meet the applicable
  917  rules of this state for such treatment or disposal, including
  918  all general permitting, state air emission standards,
  919  monitoring, sampling, and reporting rules more specifically
  920  described in department rules.
  921         (c) Legislative intent.—Due to the value of the potable
  922  water of this state, it is the intent of the Legislature that
  923  the department initiate and facilitate as many cleanups as
  924  possible utilizing the resources of the state, local
  925  governments, and the private sector, recognizing that source
  926  removal, wherever it is technologically feasible and cost
  927  effective, shall be considered the primary initial response to
  928  protect public health, safety, and the environment.
  929         (d) Amount of reimbursement.—The department shall reimburse
  930  actual and reasonable costs for site rehabilitation. The
  931  department shall not reimburse interest on the amount of
  932  reimbursable costs for any reimbursement application. However,
  933  nothing herein shall affect the department’s authority to pay
  934  interest authorized under prior law.
  935         (e) Records.—The person responsible for conducting site
  936  rehabilitation, or his or her agent, shall keep and preserve
  937  suitable records as follows:
  938         1. Hydrological and other site investigations and
  939  assessments; site rehabilitation plans; contracts and contract
  940  negotiations; and accounts, invoices, sales tickets, or other
  941  payment records from purchases, sales, leases, or other
  942  transactions involving costs actually incurred related to site
  943  rehabilitation. Such records shall be made available upon
  944  request to agents and employees of the department during regular
  945  business hours and at other times upon written request of the
  946  department.
  947         2. In addition, the department may from time to time
  948  request submission of such site-specific information as it may
  949  require, unless a waiver or variance from such department
  950  request is granted pursuant to paragraph (k).
  951         3. All records of costs actually incurred for cleanup shall
  952  be certified by affidavit to the department as being true and
  953  correct.
  954         (f) Application for reimbursement.—Any eligible person who
  955  performs a site rehabilitation program or performs site
  956  rehabilitation program tasks such as preparation of site
  957  rehabilitation plans or assessments; product recovery; cleanup
  958  of groundwater or inland surface water; soil treatment or
  959  removal; or any other tasks identified by department rule
  960  developed pursuant to subsection (5), may apply for
  961  reimbursement. Such applications for reimbursement must be
  962  submitted to the department on forms provided by the department,
  963  together with evidence documenting that site rehabilitation
  964  program tasks were conducted or completed in accordance with
  965  department rule developed pursuant to subsection (5), and other
  966  such records or information as the department requires. The
  967  reimbursement application and supporting documentation shall be
  968  examined by a certified public accountant in accordance with
  969  standards established by the American Institute of Certified
  970  Public Accountants. A copy of the accountant’s report shall be
  971  submitted with the reimbursement application. Applications for
  972  reimbursement shall not be approved for site rehabilitation
  973  program tasks which have not been completed, except for the task
  974  of remedial action and except for uncompleted program tasks
  975  pursuant to chapter 95-2, Laws of Florida, and this subsection.
  976  Applications for remedial action may be submitted semiannually
  977  at the discretion of the person responsible for cleanup. After
  978  an applicant has filed an application with the department and
  979  before payment is made, the applicant may assign the right to
  980  payment to any other person, without recourse of the assignee or
  981  assignor to the state, without affecting the order in which
  982  payment is made. Information necessary to process the
  983  application shall be requested from and provided by the
  984  assigning applicant. Proper notice of the assignment and
  985  assignment information shall be made to the department which
  986  notice shall be signed and notarized by the assigning applicant.
  987         (g) Review.
  988         1. Provided there are sufficient unencumbered funds
  989  available in the Inland Protection Trust Fund, or to the extent
  990  proceeds of debt obligations are available for the payment of
  991  existing reimbursement obligations pursuant to s. 376.3075, the
  992  department shall have 60 days to determine if the applicant has
  993  provided sufficient information for processing the application
  994  and shall request submission of any additional information that
  995  the department may require within such 60-day period. If the
  996  applicant believes any request for additional information is not
  997  authorized, the applicant may request a hearing pursuant to ss.
  998  120.569 and 120.57. Once the department requests additional
  999  information, the department may request only that information
 1000  needed to clarify such additional information or to answer new
 1001  questions raised by or directly related to such additional
 1002  information.
 1003         2. The department shall deny or approve the application for
 1004  reimbursement within 90 days after receipt of the last item of
 1005  timely requested additional material, or, if no additional
 1006  material is requested, within 90 days of the close of the 60-day
 1007  period described in subparagraph 1., unless the total review
 1008  period is otherwise extended by written mutual agreement of the
 1009  applicant and the department.
 1010         3. Final disposition of an application shall be provided to
 1011  the applicant in writing, accompanied by a written explanation
 1012  setting forth in detail the reason or reasons for the approval
 1013  or denial. If the department fails to make a determination on an
 1014  application within the time provided in subparagraph 2., or
 1015  denies an application, or if a dispute otherwise arises with
 1016  regard to reimbursement, the applicant may request a hearing
 1017  pursuant to ss. 120.569 and 120.57.
 1018         (h) Reimbursement.—Upon approval of an application for
 1019  reimbursement, reimbursement for reasonable expenditures of a
 1020  site rehabilitation program or site rehabilitation program tasks
 1021  documented therein shall be made in the order in which the
 1022  department receives completed applications. Effective January 1,
 1023  1997, all unpaid reimbursement applications are subject to
 1024  payment on the following terms: The department shall develop a
 1025  schedule of the anticipated dates of reimbursement of
 1026  applications submitted to the department pursuant to this
 1027  subsection. The schedule shall specify the projected date of
 1028  payment based on equal monthly payments and projected annual
 1029  revenue of $100 million. Based on the schedule, the department
 1030  shall notify all reimbursement applicants of the projected date
 1031  of payment of their applications. The department shall direct
 1032  the Inland Protection Financing Corporation to pay applicants
 1033  the present value of their applications as soon as practicable
 1034  after approval by the department, subject to the availability of
 1035  funds within the Inland Protection Financing Corporation. The
 1036  present value of an application shall be based on the date on
 1037  which the department anticipates the Inland Protection Financing
 1038  Corporation will settle the reimbursement application and the
 1039  schedule’s projected date of payment and shall use 3.5 percent
 1040  as the annual discount rate. The determination of the amount of
 1041  the claim and the projected date of payment shall be subject to
 1042  s. 120.57.
 1043         (i) Liberal construction.—With respect to site
 1044  rehabilitation initiated prior to July 1, 1986, the provisions
 1045  of this subsection shall be given such liberal construction by
 1046  the department as will accomplish the purposes set forth in this
 1047  subsection. With regard to the keeping of particular records or
 1048  the giving of certain notice, the department may accept as
 1049  compliance action by a person which meets the intent of the
 1050  requirements set forth in this subsection.
 1051         (j) Reimbursement-review contracts.—The department may
 1052  contract with entities capable of processing or assisting in the
 1053  review of reimbursement applications. Any purchase of such
 1054  services shall not be subject to chapter 287.
 1055         (k) Audits.
 1056         1. The department is authorized to perform financial and
 1057  technical audits in order to certify site restoration costs and
 1058  ensure compliance with this chapter. The department shall seek
 1059  recovery of any overpayments based on the findings of these
 1060  audits. The department must commence any audit within 5 years
 1061  after the date of reimbursement, except in cases where the
 1062  department alleges specific facts indicating fraud.
 1063         2. Upon determination by the department that any portion of
 1064  costs which have been reimbursed are disallowed, the department
 1065  shall give written notice to the applicant setting forth with
 1066  specificity the allegations of fact which justify the
 1067  department’s proposed action and ordering repayment of
 1068  disallowed costs within 60 days of notification of the
 1069  applicant.
 1070         3. In the event the applicant does not make payment to the
 1071  department within 60 days of receipt of such notice, the
 1072  department shall seek recovery in a court of competent
 1073  jurisdiction to recover reimbursement overpayments made to the
 1074  person responsible for conducting site rehabilitation, unless
 1075  the department finds the amount involved too small or the
 1076  likelihood of recovery too uncertain.
 1077         4. In addition to the amount of any overpayment, the
 1078  applicant shall be liable to the department for interest of 1
 1079  percent per month or the prime rate, whichever is less, on the
 1080  amount of overpayment, from the date of overpayment by the
 1081  department until the applicant satisfies the department’s
 1082  request for repayment pursuant to this paragraph. The
 1083  calculation of interest shall be tolled during the pendency of
 1084  any litigation.
 1085         5. Financial and technical audits frequently are conducted
 1086  under this section many years after the site rehabilitation
 1087  activities were performed and the costs examined in the course
 1088  of the audit were incurred by the person responsible for site
 1089  rehabilitation. During the intervening span of years, the
 1090  department’s rule requirements and its related guidance and
 1091  other nonrule policy directives may have changed significantly.
 1092  The Legislature finds that it may be appropriate for the
 1093  department to provide relief to persons subject to such
 1094  requirements in financial and technical audits conducted
 1095  pursuant to this section.
 1096         a. The department is authorized to grant variances and
 1097  waivers from the documentation requirements of subparagraph
 1098  (e)2. and from the requirements of rules applicable in technical
 1099  and financial audits conducted under this section. Variances and
 1100  waivers shall be granted when the person responsible for site
 1101  rehabilitation demonstrates to the department that application
 1102  of a financial or technical auditing requirement would create a
 1103  substantial hardship or would violate principles of fairness.
 1104  For purposes of this subsection, “substantial hardship” means a
 1105  demonstrated economic, technological, legal, or other type of
 1106  hardship to the person requesting the variance or waiver. For
 1107  purposes of this subsection, “principles of fairness” are
 1108  violated when the application of a requirement affects a
 1109  particular person in a manner significantly different from the
 1110  way it affects other similarly situated persons who are affected
 1111  by the requirement or when the requirement is being applied
 1112  retroactively without due notice to the affected parties.
 1113         b. A person whose reimbursed costs are subject to a
 1114  financial and technical audit under this section may file a
 1115  written request to the department for grant of a variance or
 1116  waiver. The request shall specify:
 1117         (I) The requirement from which a variance or waiver is
 1118  requested.
 1119         (II) The type of action requested.
 1120         (III) The specific facts which would justify a waiver or
 1121  variance.
 1122         (IV) The reason or reasons why the requested variance or
 1123  waiver would serve the purposes of this section.
 1124         c. Within 90 days after receipt of a written request for
 1125  variance or waiver under this subsection, the department shall
 1126  grant or deny the request. If the request is not granted or
 1127  denied within 90 days of receipt, the request shall be deemed
 1128  approved. An order granting or denying the request shall be in
 1129  writing and shall contain a statement of the relevant facts and
 1130  reasons supporting the department’s action. The department’s
 1131  decision to grant or deny the petition shall be supported by
 1132  competent substantial evidence and is subject to ss. 120.569 and
 1133  120.57. Once adopted, model rules promulgated by the
 1134  Administration Commission under s. 120.542 shall govern the
 1135  processing of requests under this provision.
 1136         6. The Chief Financial Officer may audit the records of
 1137  persons who receive or who have received payments pursuant to
 1138  this chapter in order to verify site restoration costs, ensure
 1139  compliance with this chapter, and verify the accuracy and
 1140  completeness of audits performed by the department pursuant to
 1141  this paragraph. The Chief Financial Officer may contract with
 1142  entities or persons to perform audits pursuant to this
 1143  subparagraph. The Chief Financial Officer shall commence any
 1144  audit within 1 year after the department’s completion of an
 1145  audit conducted pursuant to this paragraph, except in cases
 1146  where the department or the Chief Financial Officer alleges
 1147  specific facts indicating fraud.
 1148         (13) PETROLEUM CLEANUP PARTICIPATION PROGRAM.—To encourage
 1149  detection, reporting, and cleanup of contamination caused by
 1150  discharges of petroleum or petroleum products, the department
 1151  shall, within the guidelines established in this subsection,
 1152  implement a cost-sharing cleanup program to provide
 1153  rehabilitation funding assistance for all property contaminated
 1154  by discharges of petroleum or petroleum products occurring
 1155  before January 1, 1995, subject to a copayment provided for in a
 1156  Petroleum Cleanup Participation Program preapproved site
 1157  rehabilitation agreement. Eligibility is shall be subject to an
 1158  annual appropriation from the Inland Protection Trust fund.
 1159  Additionally, funding for eligible sites is shall be contingent
 1160  upon annual appropriation in subsequent years. Such continued
 1161  state funding is shall not be deemed an entitlement or a vested
 1162  right under this subsection. Eligibility shall be determined in
 1163  the program, shall be notwithstanding any other provision of
 1164  law, consent order, order, judgment, or ordinance to the
 1165  contrary.
 1166         (a)1. The department shall accept any discharge reporting
 1167  form received before prior to January 1, 1995, as an application
 1168  for this program, and the facility owner or operator need not
 1169  reapply.
 1170         2. Owners or operators of property contaminated by
 1171  petroleum or petroleum products from a petroleum storage system
 1172  may apply for such program by filing a written report of the
 1173  contamination incident, including evidence that such incident
 1174  occurred before prior to January 1, 1995, with the department.
 1175  Incidents of petroleum contamination discovered after December
 1176  31, 1994, at sites which have not stored petroleum or petroleum
 1177  products for consumption, use, or sale after such date shall be
 1178  presumed to have occurred before prior to January 1, 1995. An
 1179  operator’s filed report shall be deemed an application of the
 1180  owner for all purposes. Sites reported to the department after
 1181  December 31, 1998, are shall not be eligible for the this
 1182  program.
 1183         (b) Subject to annual appropriation from the Inland
 1184  Protection Trust fund, sites meeting the criteria of this
 1185  subsection are eligible for up to $400,000 of site
 1186  rehabilitation funding assistance in priority order pursuant to
 1187  subsections subsection (5) and (6) s. 376.30711. Sites meeting
 1188  the criteria of this subsection for which a site rehabilitation
 1189  completion order was issued before prior to June 1, 2008, do not
 1190  qualify for the 2008 increase in site rehabilitation funding
 1191  assistance and are bound by the pre-June 1, 2008, limits. Sites
 1192  meeting the criteria of this subsection for which a site
 1193  rehabilitation completion order was not issued before prior to
 1194  June 1, 2008, regardless of whether or not they have previously
 1195  transitioned to nonstate-funded cleanup status, may continue
 1196  state-funded cleanup pursuant to this section s. 376.30711 until
 1197  a site rehabilitation completion order is issued or the
 1198  increased site rehabilitation funding assistance limit is
 1199  reached, whichever occurs first. The department may not pay At
 1200  no time shall expenses incurred beyond outside the scope of an
 1201  approved contract preapproved site rehabilitation program under
 1202  s. 376.30711 be reimbursable.
 1203         (c) Upon notification by the department that rehabilitation
 1204  funding assistance is available for the site pursuant to
 1205  subsections subsection (5) and (6) s. 376.30711, the owner,
 1206  operator, or person otherwise responsible for site
 1207  rehabilitation shall provide the department with a limited
 1208  contamination assessment report and shall enter into a Petroleum
 1209  Cleanup Participation Program preapproved site rehabilitation
 1210  agreement with the department and a contractor qualified under
 1211  s. 376.30711(2)(b). The agreement must shall provide for a 25
 1212  percent copayment by the owner, operator, or person otherwise
 1213  responsible for conducting site rehabilitation. The owner,
 1214  operator, or person otherwise responsible for conducting site
 1215  rehabilitation shall adequately demonstrate the ability to meet
 1216  the copayment obligation. The limited contamination assessment
 1217  report and the copayment costs may be reduced or eliminated if
 1218  the owner and all operators responsible for restoration under s.
 1219  376.308 demonstrate that they cannot are financially unable to
 1220  comply with the copayment and limited contamination assessment
 1221  report requirements. The department shall take into
 1222  consideration the owner’s and operator’s net worth in making the
 1223  determination of financial ability. In the event the department
 1224  and the owner, operator, or person otherwise responsible for
 1225  site rehabilitation cannot are unable to complete negotiation of
 1226  the cost-sharing agreement within 120 days after beginning
 1227  commencing negotiations, the department shall terminate
 1228  negotiations, and the site shall be deemed ineligible for state
 1229  funding under this subsection and all liability protections
 1230  provided for in this subsection shall be revoked.
 1231         (d) A No report of a discharge made to the department by a
 1232  any person pursuant to in accordance with this subsection, or
 1233  any rules adopted pursuant to this subsection may not hereto,
 1234  shall be used directly as evidence of liability for such
 1235  discharge in any civil or criminal trial arising out of the
 1236  discharge.
 1237         (e) Nothing in This subsection does not shall be construed
 1238  to preclude the department from pursuing penalties under in
 1239  accordance with s. 403.141 for violations of any law or any
 1240  rule, order, permit, registration, or certification adopted or
 1241  issued by the department pursuant to its lawful authority.
 1242         (f) Upon the filing of a discharge reporting form under
 1243  paragraph (a), neither the department or nor any local
 1244  government may not shall pursue any judicial or enforcement
 1245  action to compel rehabilitation of the discharge. This paragraph
 1246  does shall not prevent any such action with respect to
 1247  discharges determined ineligible under this subsection or to
 1248  sites for which rehabilitation funding assistance is available
 1249  pursuant to subsections in accordance with subsection (5) and
 1250  (6) s. 376.30711.
 1251         (g) The following are shall be excluded from participation
 1252  in the program:
 1253         1. Sites at which the department has been denied reasonable
 1254  site access to implement the provisions of this section.
 1255         2. Sites that were active facilities when owned or operated
 1256  by the Federal Government.
 1257         3. Sites that are identified by the United States
 1258  Environmental Protection Agency to be on, or which qualify for
 1259  listing on, the National Priorities List under Superfund. This
 1260  exception does not apply to those sites for which eligibility
 1261  has been requested or granted as of the effective date of this
 1262  act under the Early Detection Incentive Program established
 1263  pursuant to s. 15, chapter 86-159, Laws of Florida.
 1264         4. Sites for which The contamination is covered under the
 1265  Early Detection Incentive Program, the Abandoned Tank
 1266  Restoration Program, or the Petroleum Liability and Restoration
 1267  Insurance Program, in which case site rehabilitation funding
 1268  assistance shall continue under the respective program.
 1269         (14) LEGISLATIVE APPROVAL AND AUTHORIZATION.—Before Prior
 1270  to the department enters entering into a service contract with
 1271  the Inland Protection Financing Corporation which includes
 1272  payments by the department to support any existing or planned
 1273  note, bond, certificate of indebtedness, or other obligation or
 1274  evidence of indebtedness of the corporation pursuant to s.
 1275  376.3075, the Legislature, by law, must specifically authorize
 1276  the department to enter into such a contract. The corporation
 1277  may issue bonds in an amount not to exceed $104 million, with a
 1278  term up to 15 years, and annual payments not in excess of $10.4
 1279  million. The department may enter into a service contract in
 1280  conjunction with the issuance of such bonds which provides for
 1281  annual payments for debt service payments or other amounts
 1282  payable with respect to bonds, plus any administrative expenses
 1283  of the corporation to finance the rehabilitation of petroleum
 1284  contamination sites pursuant to ss. 376.30-376.317.
 1285         Section 3. Section 376.30711, Florida Statutes, is
 1286  repealed.
 1287         Section 4. Section 376.30713, Florida Statutes, is amended
 1288  to read:
 1289         376.30713 Preapproved Advanced cleanup.—
 1290         (1) In addition to the legislative findings provided in s.
 1291  376.3071 s. 376.30711, the Legislature finds and declares:
 1292         (a) That the inability to conduct site rehabilitation in
 1293  advance of a site’s priority ranking pursuant to s.
 1294  376.3071(5)(a) may substantially impede or prohibit property
 1295  transactions or the proper completion of public works projects.
 1296         (b) While the first priority of the state is to provide for
 1297  protection of the water resources of the state, human health,
 1298  and the environment, and the public health, safety, and welfare,
 1299  the viability of commerce is of equal importance to the state.
 1300         (c) It is in the public interest and of substantial
 1301  economic benefit to the state to provide an opportunity for site
 1302  rehabilitation to be conducted on a limited basis at
 1303  contaminated sites, in advance of the site’s priority ranking,
 1304  to facilitate property transactions or public works projects.
 1305         (d) It is appropriate for a person who is persons
 1306  responsible for site rehabilitation to share the costs
 1307  associated with managing and conducting preapproved advanced
 1308  cleanup, to facilitate the opportunity for preapproved advanced
 1309  cleanup, and to mitigate the additional costs that will be
 1310  incurred by the state in conducting site rehabilitation in
 1311  advance of the site’s priority ranking. Such cost sharing will
 1312  result in more contaminated sites being cleaned up and greater
 1313  environmental benefits to the state. The provisions of This
 1314  section is shall only be available only for sites eligible for
 1315  restoration funding under EDI, ATRP, or PLRIP PLIRP. This
 1316  section is available for discharges eligible for restoration
 1317  funding under the petroleum cleanup participation program for
 1318  the state’s cost share of site rehabilitation. Applications must
 1319  shall include a cost-sharing commitment for this section in
 1320  addition to the 25-percent-copayment requirement of the
 1321  petroleum cleanup participation program. This section is not
 1322  available for any discharge under a petroleum cleanup
 1323  participation program where the 25-percent-copayment requirement
 1324  of the petroleum cleanup participation program has been reduced
 1325  or eliminated pursuant to s. 376.3071(13)(c).
 1326         (2) The department may is authorized to approve an
 1327  application for preapproved advanced cleanup at eligible sites,
 1328  before prior to funding based on the site’s priority ranking
 1329  established pursuant to s. 376.3071(5)(a), pursuant to in
 1330  accordance with the provisions of this section. Only the
 1331  facility owner or operator or the person otherwise responsible
 1332  for site rehabilitation qualifies Persons who qualify as an
 1333  applicant under the provisions of this section shall only
 1334  include the facility owner or operator or the person otherwise
 1335  responsible for site rehabilitation.
 1336         (a) Preapproved Advanced cleanup applications may be
 1337  submitted between May 1 and June 30 and between November 1 and
 1338  December 31 of each fiscal year. Applications submitted between
 1339  May 1 and June 30 shall be for the fiscal year beginning July 1.
 1340  An application must shall consist of:
 1341         1. A commitment to pay no less than 25 percent or more of
 1342  the total cleanup cost deemed recoverable under the provisions
 1343  of this section along with proof of the ability to pay the cost
 1344  share. An applicant proposing that the department enter into a
 1345  performance-based contract for the cleanup of at least 20 sites
 1346  may use the following as its cost share commitment: a commitment
 1347  to pay; a demonstrated cost savings to the department; or any
 1348  combination of the two. For applications relying on a
 1349  demonstration of a cost savings, the applicant, in conjunction
 1350  with its proposed agency term contractor, shall establish and
 1351  provide in its application the percentage of cost savings, in
 1352  the aggregate, that is being provided to the department for
 1353  cleanup of the sites under its application compared to the cost
 1354  of cleanup of those same sites using the current rates provided
 1355  to the department by that proposed agency term contractor. The
 1356  department shall determine if the cost savings demonstration is
 1357  acceptable, and such determination is not subject to chapter
 1358  120.
 1359         2. A nonrefundable review fee of $250 to cover the
 1360  administrative costs associated with the department’s review of
 1361  the application.
 1362         3. A limited contamination assessment report.
 1363         4. A proposed course of action.
 1364  
 1365  The limited contamination assessment report must shall be
 1366  sufficient to support the proposed course of action and to
 1367  estimate the cost of the proposed course of action. Any Costs
 1368  incurred related to conducting the limited contamination
 1369  assessment report are not refundable from the Inland Protection
 1370  Trust Fund. Site eligibility under this subsection, or any other
 1371  provision of this section is, shall not constitute an
 1372  entitlement to preapproved advanced cleanup or continued
 1373  restoration funding. The applicant shall certify to the
 1374  department that the applicant has the prerequisite authority to
 1375  enter into an a preapproved advanced cleanup contract with the
 1376  department. The This certification must shall be submitted with
 1377  the application.
 1378         (b) The department shall rank the applications based on the
 1379  percentage of cost-sharing commitment proposed by the applicant,
 1380  with the highest ranking given to the applicant who that
 1381  proposes the highest percentage of cost sharing. If the
 1382  department receives applications that propose identical cost
 1383  sharing commitments and that which exceed the funds available to
 1384  commit to all such proposals during the preapproved advanced
 1385  cleanup application period, the department shall proceed to
 1386  rerank those applicants. Those applicants submitting identical
 1387  cost-sharing proposals that which exceed funding availability
 1388  must shall be so notified by the department and shall be offered
 1389  the opportunity to raise their individual cost-share
 1390  commitments, in a period of time specified in the notice. At the
 1391  close of the period, the department shall proceed to rerank the
 1392  applications pursuant to in accordance with this paragraph.
 1393         (3)(a) Based on the ranking established under paragraph
 1394  (2)(b) and the funding limitations provided in subsection (4),
 1395  the department shall begin commence negotiation with such
 1396  applicants. If the department and the applicant agree on the
 1397  course of action, the department may enter into a contract with
 1398  the applicant. The department may is authorized to negotiate the
 1399  terms and conditions of the contract.
 1400         (b) Preapproved Advanced cleanup must shall be conducted
 1401  pursuant to s. 376.3071(5)(b) and (6) and rules adopted under
 1402  ss. 287.0595 and 376.3071 under the provisions of ss.
 1403  376.3071(5)(b) and 376.30711. If the terms of the preapproved
 1404  advanced cleanup contract are not fulfilled, the applicant
 1405  forfeits any right to future payment for any site rehabilitation
 1406  work conducted under the contract.
 1407         (c) The department’s decision not to enter into an a
 1408  preapproved advanced cleanup contract with the applicant is
 1409  shall not be subject to the provisions of chapter 120. If the
 1410  department cannot is not able to complete negotiation of the
 1411  course of action and the terms of the contract within 60 days
 1412  after beginning commencing negotiations, the department shall
 1413  terminate negotiations with that applicant.
 1414         (4) The department may is authorized to enter into
 1415  contracts for a total of up to $15 million of preapproved
 1416  advanced cleanup work in each fiscal year. However, a facility
 1417  or an applicant that bundles multiple sites as specified in
 1418  subparagraph (2)(a)1. may not be approved preapproved for more
 1419  than $5 million of cleanup activity in each fiscal year. For the
 1420  purposes of this section, the term “facility” includes shall
 1421  include, but is not be limited to, multiple site facilities such
 1422  as airports, port facilities, and terminal facilities even
 1423  though such enterprises may be treated as separate facilities
 1424  for other purposes under this chapter.
 1425         (5) All funds collected by the department pursuant to this
 1426  section shall be deposited into the Inland Protection Trust Fund
 1427  to be used as provided in this section.
 1428         Section 5. Subsections (4) and (30) of section 376.301,
 1429  Florida Statutes, are amended to read:
 1430         376.301 Definitions of terms used in ss. 376.30-376.317,
 1431  376.70, and 376.75.—When used in ss. 376.30-376.317, 376.70, and
 1432  376.75, unless the context clearly requires otherwise, the term:
 1433         (4) “Backlog” means reimbursement obligations incurred
 1434  pursuant to s. 376.3071(12), prior to March 29, 1995, or
 1435  authorized for reimbursement under the provisions of s.
 1436  376.3071(12), pursuant to chapter 95-2, Laws of Florida. Claims
 1437  within the backlog are subject to adjustment, where appropriate.
 1438         (30) “Person responsible for conducting site
 1439  rehabilitation” means the site owner, operator, or the person
 1440  designated by the site owner or operator on the reimbursement
 1441  application. Mortgage holders and trust holders may be eligible
 1442  to participate in the reimbursement program pursuant to s.
 1443  376.3071(12).
 1444         Section 6. Subsection (5) of section 376.302, Florida
 1445  Statutes, is amended to read:
 1446         376.302 Prohibited acts; penalties.—
 1447         (5) Any person who commits fraud in representing his or her
 1448  their qualifications as a contractor for reimbursement or in
 1449  submitting a payment invoice reimbursement request pursuant to
 1450  s. 376.3071 s. 376.3071(12) commits a felony of the third
 1451  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1452  775.084.
 1453         Section 7. Subsection (6) of section 376.305, Florida
 1454  Statutes, is amended to read:
 1455         376.305 Removal of prohibited discharges.—
 1456         (6) The Legislature created the Abandoned Tank Restoration
 1457  Program in response to the need to provide financial assistance
 1458  for cleanup of sites that have abandoned petroleum storage
 1459  systems. For purposes of this subsection, the term “abandoned
 1460  petroleum storage system” means a shall mean any petroleum
 1461  storage system that has not stored petroleum products for
 1462  consumption, use, or sale since March 1, 1990. The department
 1463  shall establish the Abandoned Tank Restoration Program to
 1464  facilitate the restoration of sites contaminated by abandoned
 1465  petroleum storage systems.
 1466         (a) To be included in the program:
 1467         1. An application must be submitted to the department by
 1468  June 30, 1996, certifying that the system has not stored
 1469  petroleum products for consumption, use, or sale at the facility
 1470  since March 1, 1990.
 1471         2. The owner or operator of the petroleum storage system
 1472  when it was in service must have ceased conducting business
 1473  involving consumption, use, or sale of petroleum products at
 1474  that facility on or before March 1, 1990.
 1475         3. The site is not otherwise eligible for the cleanup
 1476  programs pursuant to s. 376.3071 or s. 376.3072.
 1477         (b) In order to be eligible for the program, petroleum
 1478  storage systems from which a discharge occurred must be closed
 1479  pursuant to in accordance with department rules before prior to
 1480  an eligibility determination. However, if the department
 1481  determines that the owner of the facility cannot is financially
 1482  unable to comply with the department’s petroleum storage system
 1483  closure requirements and all other eligibility requirements are
 1484  met, the petroleum storage system closure requirements shall be
 1485  waived. The department shall take into consideration the owner’s
 1486  net worth and the economic impact on the owner in making the
 1487  determination of the owner’s financial ability. The June 30,
 1488  1996, application deadline shall be waived for owners who cannot
 1489  are financially unable to comply.
 1490         (c) Sites accepted in the program are will be eligible for
 1491  site rehabilitation funding as provided in s. 376.3071 s.
 1492  376.3071(12) or s. 376.30711, as appropriate.
 1493         (d) The following sites are excluded from eligibility:
 1494         1. Sites on property of the Federal Government;
 1495         2. Sites contaminated by pollutants that are not petroleum
 1496  products;
 1497         3. Sites where the department has been denied site access;
 1498  or
 1499         4. Sites which are owned by a any person who had knowledge
 1500  of the polluting condition when title was acquired unless the
 1501  that person acquired title to the site after issuance of a
 1502  notice of site eligibility by the department.
 1503         (e) Participating sites are subject to a deductible as
 1504  determined by rule, not to exceed $10,000.
 1505  
 1506  The provisions of This subsection does do not relieve a any
 1507  person who has acquired title after subsequent to July 1, 1992,
 1508  from the duty to establish by a preponderance of the evidence
 1509  that he or she undertook, at the time of acquisition, all
 1510  appropriate inquiry into the previous ownership and use of the
 1511  property consistent with good commercial or customary practice
 1512  in an effort to minimize liability, as required by s.
 1513  376.308(1)(c).
 1514         Section 8. Paragraph (a) of subsection (1) and subsections
 1515  (3), (4), and (9) of section 376.30714, Florida Statutes, are
 1516  amended to read:
 1517         376.30714 Site rehabilitation agreements.—
 1518         (1) In addition to the legislative findings provided in s.
 1519  376.3071, the Legislature finds and declares:
 1520         (a) The provisions of s. 376.3071(5)(a) ss. 376.3071(5)(a)
 1521  and 376.30711 have delayed cleanup of low-priority sites
 1522  determined to be eligible for state funding under that section
 1523  and ss. 376.305, 376.3071, and 376.3072.
 1524         (3) Free product attributable to a new discharge shall be
 1525  removed to the extent practicable and pursuant to in accordance
 1526  with department rules adopted pursuant to s. 376.3071(5) at the
 1527  expense of the owner, operator, or other responsible party. Free
 1528  product attributable to existing contamination shall be removed
 1529  pursuant to in accordance with s. 376.3071(5) and (6), or s.
 1530  376.30711(1)(b), and department rules adopted pursuant thereto.
 1531         (4) Beginning January 1, 1999, the department may is
 1532  authorized to negotiate and enter into site rehabilitation
 1533  agreements with applicants at sites with eligible existing
 1534  contamination at which a new discharge occurs. The site
 1535  rehabilitation agreement must shall include, but is not be
 1536  limited to, allocation of the funding responsibilities of the
 1537  department and the applicant for cleanup of the qualified site,
 1538  establishment of a mechanism to guarantee the applicant’s
 1539  commitment to pay its agreed amount of site rehabilitation as
 1540  set forth in the agreement, and establishment of the priority in
 1541  which cleanup of the qualified site will occur. Under any such a
 1542  negotiated site rehabilitation agreement, the applicant may not
 1543  shall be responsible for no more than the cleanup costs that are
 1544  attributable to the new discharge. However, the payment of any
 1545  applicable deductibles, copayments, or other program eligibility
 1546  requirements under ss. 376.305, 376.3071, and 376.3072 shall
 1547  continue to apply to the existing contamination and must be
 1548  accounted for in the negotiated site rehabilitation agreement.
 1549  The department may is further authorized, pursuant to this
 1550  section, to preapprove or conduct additional assessment
 1551  activities at the site.
 1552         (9) Site rehabilitation conducted at qualified sites shall
 1553  be conducted pursuant to s. 376.3071(5)(b) and (6) under the
 1554  provisions of ss. 376.3071(5)(b) and 376.30711. If the terms of
 1555  the agreement are not fulfilled by the applicant, the applicant
 1556  forfeits the any right to continued funding for any site
 1557  rehabilitation work under the agreement and is shall be subject
 1558  to enforcement action by the department or local government to
 1559  compel cleanup of the new discharge.
 1560         Section 9. Subsection (2) of section 376.3072, Florida
 1561  Statutes, is amended to read:
 1562         376.3072 Florida Petroleum Liability and Restoration
 1563  Insurance Program.—
 1564         (2)(a) An Any owner or operator of a petroleum storage
 1565  system may become an insured in the restoration insurance
 1566  program at a facility if provided:
 1567         1. A site at which an incident has occurred is shall be
 1568  eligible for restoration if the insured is a participant in the
 1569  third-party liability insurance program or otherwise meets
 1570  applicable financial responsibility requirements. After July 1,
 1571  1993, the insured must also provide the required excess
 1572  insurance coverage or self-insurance for restoration to achieve
 1573  the financial responsibility requirements of 40 C.F.R. s.
 1574  280.97, subpart H, not covered by paragraph (d).
 1575         2. A site that which had a discharge reported before prior
 1576  to January 1, 1989, for which notice was given pursuant to s.
 1577  376.3071(10) s. 376.3071(9) or (12), and that which is
 1578  ineligible for the third-party liability insurance program
 1579  solely due to that discharge is shall be eligible for
 1580  participation in the restoration program for an any incident
 1581  occurring on or after January 1, 1989, pursuant to in accordance
 1582  with subsection (3). Restoration funding for an eligible
 1583  contaminated site will be provided without participation in the
 1584  third-party liability insurance program until the site is
 1585  restored as required by the department or until the department
 1586  determines that the site does not require restoration.
 1587         3. Notwithstanding paragraph (b), a site where an
 1588  application is filed with the department before prior to January
 1589  1, 1995, where the owner is a small business under s.
 1590  288.703(6), a state community college with less than 2,500 FTE,
 1591  a religious institution as defined by s. 212.08(7)(m), a
 1592  charitable institution as defined by s. 212.08(7)(p), or a
 1593  county or municipality with a population of less than 50,000, is
 1594  shall be eligible for up to $400,000 of eligible restoration
 1595  costs, less a deductible of $10,000 for small businesses,
 1596  eligible community colleges, and religious or charitable
 1597  institutions, and $30,000 for eligible counties and
 1598  municipalities, if provided that:
 1599         a. Except as provided in sub-subparagraph e., the facility
 1600  was in compliance with department rules at the time of the
 1601  discharge.
 1602         b. The owner or operator has, upon discovery of a
 1603  discharge, promptly reported the discharge to the department,
 1604  and drained and removed the system from service, if necessary.
 1605         c. The owner or operator has not intentionally caused or
 1606  concealed a discharge or disabled leak detection equipment.
 1607         d. The owner or operator proceeds to complete initial
 1608  remedial action as specified defined by department rules.
 1609         e. The owner or operator, if required and if it has not
 1610  already done so, applies for third-party liability coverage for
 1611  the facility within 30 days after of receipt of an eligibility
 1612  order issued by the department pursuant to this subparagraph
 1613  provision.
 1614  
 1615  However, the department may consider in-kind services from
 1616  eligible counties and municipalities in lieu of the $30,000
 1617  deductible. The cost of conducting initial remedial action as
 1618  defined by department rules is shall be an eligible restoration
 1619  cost pursuant to this subparagraph provision.
 1620         4.a. By January 1, 1997, facilities at sites with existing
 1621  contamination must shall be required to have methods of release
 1622  detection to be eligible for restoration insurance coverage for
 1623  new discharges subject to department rules for secondary
 1624  containment. Annual storage system testing, in conjunction with
 1625  inventory control, shall be considered to be a method of release
 1626  detection until the later of December 22, 1998, or 10 years
 1627  after the date of installation or the last upgrade. Other
 1628  methods of release detection for storage tanks which meet such
 1629  requirement are:
 1630         (I) Interstitial monitoring of tank and integral piping
 1631  secondary containment systems;
 1632         (II) Automatic tank gauging systems; or
 1633         (III) A statistical inventory reconciliation system with a
 1634  tank test every 3 years.
 1635         b. For pressurized integral piping systems, the owner or
 1636  operator must use:
 1637         (I) An automatic in-line leak detector with flow
 1638  restriction meeting the requirements of department rules used in
 1639  conjunction with an annual tightness or pressure test; or
 1640         (II) An automatic in-line leak detector with electronic
 1641  flow shut-off meeting the requirements of department rules.
 1642         c. For suction integral piping systems, the owner or
 1643  operator must use:
 1644         (I) A single check valve installed directly below the
 1645  suction pump if, provided there are no other valves between the
 1646  dispenser and the tank; or
 1647         (II) An annual tightness test or other approved test.
 1648         d. Owners of facilities with existing contamination which
 1649  that install internal release detection systems pursuant to in
 1650  accordance with sub-subparagraph a. shall permanently close
 1651  their external groundwater and vapor monitoring wells pursuant
 1652  to in accordance with department rules by December 31, 1998.
 1653  Upon installation of the internal release detection system, such
 1654  these wells must shall be secured and taken out of service until
 1655  permanent closure.
 1656         e. Facilities with vapor levels of contamination meeting
 1657  the requirements of or below the concentrations specified in the
 1658  performance standards for release detection methods specified in
 1659  department rules may continue to use vapor monitoring wells for
 1660  release detection.
 1661         f. The department may approve other methods of release
 1662  detection for storage tanks and integral piping which have at
 1663  least the same capability to detect a new release as the methods
 1664  specified in this subparagraph.
 1665         (b)1. To be eligible to be certified as an insured
 1666  facility, for discharges reported after January 1, 1989, the
 1667  owner or operator must shall file an affidavit upon enrollment
 1668  in the program. The affidavit must shall state that the owner or
 1669  operator has read and is familiar with this chapter and the
 1670  rules relating to petroleum storage systems and petroleum
 1671  contamination site cleanup adopted pursuant to ss. 376.303 and
 1672  376.3071 and that the facility is in compliance with this
 1673  chapter and applicable rules adopted pursuant to s. 376.303.
 1674  Thereafter, the facility’s annual inspection report shall serve
 1675  as evidence of the facility’s compliance with department rules.
 1676  The facility’s certificate as an insured facility may be revoked
 1677  only if the insured fails to correct a violation identified in
 1678  an inspection report before a discharge occurs. The facility’s
 1679  certification may be restored when the violation is corrected as
 1680  verified by a reinspection.
 1681         2. Except as provided in paragraph (a), to be eligible to
 1682  be certified as an insured facility, the applicant must
 1683  demonstrate to the department that the applicant has financial
 1684  responsibility for third-party claims and excess coverage, as
 1685  required by this section and 40 C.F.R. s. 280.97(h), and that
 1686  the applicant maintains such insurance during the applicant’s
 1687  participation as an insured facility.
 1688         3. Should a reinspection of the facility be necessary to
 1689  demonstrate compliance, the insured shall pay an inspection fee
 1690  not to exceed $500 per facility to be deposited in the Inland
 1691  Protection Trust Fund.
 1692         4. Upon report of a discharge, the department shall issue
 1693  an order stating that the site is eligible for restoration
 1694  coverage unless the insured has intentionally caused or
 1695  concealed a discharge or disabled leak detection equipment, has
 1696  misrepresented facts in the affidavit filed pursuant to
 1697  subparagraph 1., or cannot demonstrate that he or she has
 1698  obtained and maintained the financial responsibility for third
 1699  party claims and excess coverage as required in subparagraph 2.
 1700  
 1701  This paragraph does not Nothing contained herein shall prevent
 1702  the department from assessing civil penalties for noncompliance
 1703  pursuant to this subsection as provided herein.
 1704         (c) A lender that has loaned money to a participant in the
 1705  Florida Petroleum Liability and Restoration Insurance Program
 1706  and has held a mortgage lien, security interest, or any lien
 1707  rights on the site primarily to protect the lender’s right to
 1708  convert or liquidate the collateral in satisfaction of the debt
 1709  secured, or a financial institution that which serves as a
 1710  trustee for an insured in the program for the purpose of site
 1711  rehabilitation, is shall be eligible for a state-funded cleanup
 1712  of the site, if the lender forecloses the lien or accepts a deed
 1713  in lieu of foreclosure on that property and acquires title, and
 1714  as long as the following has occurred, as applicable:
 1715         1. The owner or operator provided the lender with proof
 1716  that the facility is eligible for the restoration insurance
 1717  program at the time of the loan or before the discharge
 1718  occurred.
 1719         2. The financial institution or lender completes site
 1720  rehabilitation and seeks reimbursement pursuant to s.
 1721  376.3071(12) or conducts preapproved site rehabilitation
 1722  pursuant to s. 376.3071 s. 376.30711, as appropriate.
 1723         3. The financial institution or lender did not engage in
 1724  management activities at the site before prior to foreclosure
 1725  and does not operate the site or otherwise engage in management
 1726  activities after foreclosure, except to comply with
 1727  environmental statutes or rules or to prevent, abate, or
 1728  remediate a discharge.
 1729         (d)1. With respect to eligible incidents reported to the
 1730  department before prior to July 1, 1992, the restoration
 1731  insurance program shall provide up to $1.2 million of
 1732  restoration for each incident and shall have an annual aggregate
 1733  limit of $2 million of restoration per facility.
 1734         2. For any site at which a discharge is reported on or
 1735  after July 1, 1992, and for which restoration coverage is
 1736  requested, the department shall pay for restoration in
 1737  accordance with the following schedule:
 1738         a. For discharges reported to the department from July 1,
 1739  1992, to June 30, 1993, the department shall pay up to $1.2
 1740  million of eligible restoration costs, less a $1,000 deductible
 1741  per incident.
 1742         b. For discharges reported to the department from July 1,
 1743  1993, to December 31, 1993, the department shall pay up to $1.2
 1744  million of eligible restoration costs, less a $5,000 deductible
 1745  per incident. However, if, before prior to the date the
 1746  discharge is reported and by September 1, 1993, the owner or
 1747  operator can demonstrate financial responsibility in effect in
 1748  accordance with 40 C.F.R. s. 280.97, subpart H, for coverage
 1749  under sub-subparagraph c., the deductible will be $500. The $500
 1750  deductible shall apply for a period of 1 year from the effective
 1751  date of a policy or other form of financial responsibility
 1752  obtained and in effect by September 1, 1993.
 1753         c. For discharges reported to the department from January
 1754  1, 1994, to December 31, 1996, the department shall pay up to
 1755  $400,000 of eligible restoration costs, less a deductible of
 1756  $10,000.
 1757         d. For discharges reported to the department from January
 1758  1, 1997, to December 31, 1998, the department shall pay up to
 1759  $300,000 of eligible restoration costs, less a deductible of
 1760  $10,000.
 1761         e. Beginning January 1, 1999, no restoration coverage may
 1762  not shall be provided.
 1763         f. In addition, a supplemental deductible shall be added as
 1764  follows:
 1765         (I) A supplemental deductible of $5,000 if the owner or
 1766  operator fails to report a suspected release within 1 working
 1767  day after discovery.
 1768         (II) A supplemental deductible of $10,000 if the owner or
 1769  operator, within 3 days after discovery of an actual new
 1770  discharge, fails to take steps to test or empty the storage
 1771  system and complete such activity within 7 days.
 1772         (III) A supplemental deductible of $25,000 if the owner or
 1773  operator, after testing or emptying the storage system, fails to
 1774  proceed within 24 hours thereafter to abate the known source of
 1775  the discharge or to begin free product removal relating to an
 1776  actual new discharge and fails to complete abatement within 72
 1777  hours, although free product recovery may be ongoing.
 1778         (e) The following are not eligible to participate in the
 1779  Petroleum Liability and Restoration Insurance Program:
 1780         1. Sites owned or operated by the Federal Government during
 1781  the time the facility was in operation.
 1782         2. Sites where the owner or operator has denied the
 1783  department reasonable site access.
 1784         3. Any third-party claims relating to damages caused by
 1785  discharges discovered before prior to January 1, 1989.
 1786         4. Any incidents discovered before prior to January 1,
 1787  1989, are not eligible to participate in the restoration
 1788  insurance program. However, this exclusion does shall not be
 1789  construed to prevent a new incident at the same location from
 1790  participation in the restoration insurance program if the owner
 1791  or operator is otherwise eligible. This exclusion does shall not
 1792  affect eligibility for participation in the Early Detection
 1793  Incentive EDI Program.
 1794  
 1795  Sites meeting the criteria of this subsection for which a site
 1796  rehabilitation completion order was issued before prior to June
 1797  1, 2008, do not qualify for the 2008 increase in site
 1798  rehabilitation funding assistance and are bound by the pre-June
 1799  1, 2008, limits. Sites meeting the criteria of this subsection
 1800  for which a site rehabilitation completion order was not issued
 1801  before prior to June 1, 2008, regardless of whether or not they
 1802  have previously transitioned to nonstate-funded cleanup status,
 1803  may continue state-funded cleanup pursuant to s. 376.3071(6) s.
 1804  376.30711 until a site rehabilitation completion order is issued
 1805  or the increased site rehabilitation funding assistance limit is
 1806  reached, whichever occurs first. At no time shall expenses
 1807  incurred outside the preapproved site rehabilitation program
 1808  under s. 376.30711 be reimbursable.
 1809         Section 10. Subsections (1) and (4) of section 376.3073,
 1810  Florida Statutes, are amended to read:
 1811         376.3073 Local programs and state agency programs for
 1812  control of contamination.—
 1813         (1) The department shall, to the greatest extent possible
 1814  and cost-effective, contract with local governments to provide
 1815  for the administration of its departmental responsibilities
 1816  under ss. 376.305, 376.3071(4)(a)-(e), (h), (k), and (m) and (6)
 1817  (l), (n), 376.30711, 376.3072, and 376.3077 through locally
 1818  administered programs. The department may also contract with
 1819  state agencies to carry out the restoration activities
 1820  authorized pursuant to ss. 376.305, 376.3071, and 376.3072,
 1821  376.305, and 376.30711. However, no such a contract may not
 1822  shall be entered into unless the local government or state
 1823  agency is deemed capable of carrying out such responsibilities
 1824  to the department’s satisfaction.
 1825         (4) Under no circumstances shall the cleanup criteria
 1826  employed in locally administered programs or state agency
 1827  programs or pursuant to local ordinance be more stringent than
 1828  the criteria established by the department pursuant to s.
 1829  376.3071(5) or s. 376.3071(6) s. 376.30711.
 1830         Section 11. Subsections (4) and (5) of section 376.3075,
 1831  Florida Statutes, are amended to read:
 1832         376.3075 Inland Protection Financing Corporation.—
 1833         (4) The corporation may enter into one or more service
 1834  contracts with the department to provide services to the
 1835  department in connection with financing the functions and
 1836  activities provided in ss. 376.30-376.317. The department may
 1837  enter into one or more such service contracts with the
 1838  corporation and provide for payments under such contracts
 1839  pursuant to s. 376.3071(4)(n) s. 376.3071(4)(o), subject to
 1840  annual appropriation by the Legislature. The proceeds from such
 1841  service contracts may be used for the corporation’s
 1842  administrative costs and expenses after payments as set forth in
 1843  subsection (5). Each service contract may have a term of up to
 1844  20 years. Amounts annually appropriated and applied to make
 1845  payments under such service contracts may not include any funds
 1846  derived from penalties or other payments received from any
 1847  property owner or private party, including payments received
 1848  under s. 376.3071(7)(b) s. 376.3071(6)(b). In compliance with s.
 1849  287.0641 and other applicable provisions of law, the obligations
 1850  of the department under such service contracts do not constitute
 1851  a general obligation of the state or a pledge of the faith and
 1852  credit or taxing power of the state, and nor may such
 1853  obligations are not obligations be construed in any manner as an
 1854  obligation of the State Board of Administration or entities for
 1855  which it invests funds, other than the department as provided in
 1856  this section, but are payable solely from amounts available in
 1857  the Inland Protection Trust Fund, subject to annual
 1858  appropriation. In compliance with this subsection and s.
 1859  287.0582, the service contract must expressly include the
 1860  following statement: “The State of Florida’s performance and
 1861  obligation to pay under this contract is contingent upon an
 1862  annual appropriation by the Legislature.”
 1863         (5) The corporation may issue and incur notes, bonds,
 1864  certificates of indebtedness, or other obligations or evidences
 1865  of indebtedness payable from and secured by amounts payable to
 1866  the corporation by the department under a service contract
 1867  entered into pursuant to subsection (4) for the purpose of
 1868  financing the rehabilitation of petroleum contamination sites
 1869  pursuant to ss. 376.30-376.317. The term of any such note, bond,
 1870  certificate of indebtedness, or other obligation or evidence of
 1871  indebtedness may not have a financing term that exceeds 15
 1872  years. The corporation may select its financing team and issue
 1873  its obligations through competitive bidding or negotiated
 1874  contracts, whichever is most cost-effective. Any Indebtedness of
 1875  the corporation does not constitute a debt or obligation of the
 1876  state or a pledge of the faith and credit or taxing power of the
 1877  state, but is payable from and secured by payments made by the
 1878  department under the service contract pursuant to s.
 1879  376.3071(4)(n) s. 376.3071(4)(o).
 1880         Section 12. This act shall take effect July 1, 2014.

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