Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1416
                                Barcode 203334                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/17/2013           .                                

       Appropriations Subcommittee on General Government (Simpson)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (4) of section 287.0595, Florida
    6  Statutes, is amended to read:
    7         287.0595 Pollution response action contracts; department
    8  rules.—
    9         (4)  Competitive solicitation pursuant to this section is
   10  not subject to the requirements of s. 287.055. This section does
   11  not apply to contracts which must be negotiated under s.
   12  287.055.
   13         Section 2. Section 376.30711, Florida Statutes, is amended
   14  to read:
   15         376.30711 Petroleum Preapproved site rehabilitation.,
   16  effective March 29, 1995.—
   17         (1)(a) The Legislature finds and declares that the
   18  financial operation of the petroleum contamination site
   19  rehabilitation program, must be implemented in an efficient
   20  manner which reduces costs and improves the efficiency of
   21  rehabilitation activities, thereby reducing the significant
   22  backlog of contaminated sites and their corresponding threat to
   23  human health, safety and the environment. as previously
   24  structured, has resulted in site rehabilitation proceeding at a
   25  higher rate than revenues can support and at sites that are not
   26  of the highest priority as established in s. 376.3071(5). This
   27  has resulted in a large backlog of reimbursement applications
   28  and excessive costs to the Inland Protection Trust Fund. It is
   29  the intent of the Legislature that petroleum contaminated sites
   30  be cleaned up efficiently and cost effectively in an open and
   31  competitive manner, contamination site cleanups be conducted on
   32  a preapproved basis with emphasis on addressing first the sites
   33  which pose the greatest threat to human health and the
   34  environment, within the availability of funds in the Inland
   35  Protection Trust Fund, recognizing that source removal, wherever
   36  it is technologically feasible and cost-effective and will
   37  significantly reduce the contamination or eliminate the spread
   38  of contamination, shall be considered to protect public health
   39  and safety, water resources, and the environment.
   40         (b) Site rehabilitation work on sites eligible for state
   41  funded cleanup from the Inland Protection Trust Fund and
   42  pursuant to ss. 376.305(6), 376.3071, 376.3072, and 376.3073,
   43  shall is only be eligible for site rehabilitation funding under
   44  this section. After March 29, 1995, only persons who have
   45  received prior written approval from the department of the scope
   46  of work and costs may continue site rehabilitation work. in the
   47  event of a new release, the facility operator is shall be
   48  required to abate the source of the discharge. If free product
   49  is present, the operator must shall notify the department, which
   50  may direct the removal of the free product as a preapproved
   51  expense pursuant to this section. The department must shall
   52  grant approval to continue site rehabilitation based on this
   53  section and s. 376.3071(5).
   54         (c) The Legislature declares that in order to protect
   55  public resources, to maximize funding available for site
   56  rehabilitation, and to prevent owners and operators of petroleum
   57  storage facilities or tanks and their insurers, indemnitors, and
   58  parties to other contractual arrangements providing funds for
   59  site rehabilitation from receiving a windfall at the expense of
   60  taxpayers, all such private funds available to perform site
   61  rehabilitation for a discharge or condition determined to be
   62  eligible for participation in any petroleum program providing
   63  state funding for site rehabilitation after the effective date
   64  of this act shall be exhausted prior to the expenditure of
   65  public funds for site rehabilitation.
   66         (d) An owner or operator of a facility or storage tank or
   67  other person responsible for site rehabilitation may not receive
   68  both funding from the Inland Protection Trust Fund and
   69  remuneration or compensation for the same site rehabilitation
   70  task from another funding source. Therefore, prior to the
   71  department authorizing the expenditure of any state funds for
   72  site rehabilitation after July 1, 2013, the owner and, if
   73  different, the operator, of every facility or petroleum storage
   74  tank system that is determined to be eligible for site
   75  rehabilitation funding under this section after that date shall
   76  certify to the department that:
   77         1. The certifying party has not received compensation from
   78  any other funding source as remuneration or reimbursement for
   79  site rehabilitation work for the eligible discharge or condition
   80  other than from a state funding program; and
   81         2. There is no insurance, indemnity agreement, or other
   82  arrangement, other than a state funding program under this
   83  chapter, that provides coverage for any site rehabilitation task
   84  for the eligible discharge or condition; and
   85         3. The certifying party has made no claims against any
   86  insurance policy, indemnity agreement, or other arrangement for
   87  the cost of site rehabilitation for the eligible discharge or
   88  condition, nor received any remuneration for the cost of site
   89  rehabilitation for the eligible discharge or condition.
   90         (e) If the owner and operator cannot certify as required by
   91  sub-paragraphs (d)1.-3., the owner and operator shall disclose
   92  to the department the date, amount, and source of all payments
   93  received as remuneration or reimbursement for site
   94  rehabilitation work, including a description of the tasks for
   95  which such remuneration or reimbursement was received, and shall
   96  provide copies of all insurance policies, indemnity agreements
   97  or other arrangements that provide coverage for all or a portion
   98  of the cost of site rehabilitation, all claims made by the owner
   99  or operator against any insurance policy, indemnity agreement,
  100  or other arrangement for the cost of site rehabilitation, and
  101  all settlements, judgments and other documents detailing the
  102  basis for the claim and its disposition.
  103         (f) If the owner or operator of a petroleum storage tank
  104  system or facility that is eligible for site rehabilitation or
  105  other person responsible for site rehabilitation becomes aware
  106  of an insurance policy, indemnity agreement, or other
  107  arrangement, makes a claim against any such instrument, or
  108  receives any remuneration or reimbursement for site
  109  rehabilitation for an eligible discharge, the owner or operator
  110  shall immediately notify the department and provide the
  111  information required under paragraph (e), and shall immediately
  112  reimburse the department in an amount equal to the lesser of the
  113  amount of the payment received or the amount expended by the
  114  department for site rehabilitation. If the payment received by
  115  the owner or operator is the result of a settlement of a claim
  116  or multiple claims against an insurer, indemnitor or other
  117  person, the department or a court may determine how the sums
  118  received should be allocated between site rehabilitation tasks
  119  for which public funds have been expended and other tasks for
  120  which the claim was made.
  121         (g) Upon determining that a discharge or condition is
  122  eligible for state funding, or upon expending funds for
  123  rehabilitation of any site, the department has a right of
  124  subrogation to any insurance policies, indemnity agreements, or
  125  other arrangements providing funds for site rehabilitation in
  126  existence at the time of the release to the extent of any rights
  127  the owner or operator of a facility or petroleum storage tank
  128  may have had under that policy, contract, or arrangement and has
  129  a right of subrogation against any third party who caused or
  130  contributed to the release.
  131         (h) The department may bring an action to compel compliance
  132  with this section, and to recover any sums paid by the
  133  department to the extent the owner or operator or other person
  134  responsible for site rehabilitation has received a double
  135  recovery prohibited by paragraph (d).
  136         (i) Nothing in this section shall affect the department’s
  137  authority to recover payments or overpayments from the Inland
  138  Protection Trust Fund pursuant to existing law.
  139         (2)(a) Competitive bidding pursuant to this section is
  140  shall not be subject to the requirements of s. 287.055. The
  141  department must is authorized to use competitive bid procurement
  142  procedures or negotiated contracts for preapproving all costs
  143  and rehabilitation procedures for site-specific rehabilitation
  144  projects, pursuant to rules adopted under this section, s,
  145  120.54 and s. 287.0595 through performance-based contracts. Site
  146  rehabilitation shall be conducted according to the priority
  147  ranking order established pursuant to s. 376.3071(5).
  148         (b) In addition, the Petroleum Site Rehabilitation rules
  149  shall include, at a minimum:
  150         1. Generally applicable provisions from Ch. 287 that do not
  151  conflict with this section or other applicable provisions in Ch.
  152  376.
  153         2. Procedures whereby the Department will develop a pool of
  154  qualified contractors through an open and competitive
  155  procurement process to provide site assessment and
  156  rehabilitation services.
  157         3. Coordination with the site or real property owner, at
  158  their option, to develop a site-specific scope of work.
  159         4. The ability for the site or real property owner to
  160  remove from the pool of qualified contractors, prior to the
  161  procurement process, any contractor based on non-performance or
  162  other demonstrable factors, subject to approval by the
  163  department.
  164         5. In order to ensure that the competitive procurement
  165  process is effective and results in quality bids, procedures to
  166  ensure that the pool of qualified contractors are provided with
  167  the necessary site assessment report and other appropriate
  168  information, have the ability to visit the work site and to
  169  conduct other appropriate due diligence, and have questions
  170  answered by the department or site owner as needed.
  171         6. Procedures to improve the effectiveness and efficiency
  172  of the site assessment process for eligible sites.
  173         7. A method to ensure that a contractor conducting site
  174  assessment activities may not submit a competitive bid for site
  175  rehabilitation services unless approved by the department.
  176         8. Procedures to ensure that site rehabilitation is
  177  completed in an efficient and cost effective manner, in
  178  accordance with criteria established in Ch. 376 and other
  179  applicable statutes and rules.
  180         9. Reporting deadlines for deliverables and departmental
  181  review and approval deadlines for deliverables.
  182         10. Reporting on the progress of site rehabilitation
  183  completion through a publicly accessible website.
  184         11. In addition to the requirements in subparagraph (2)(c)
  185  below, procedures for the ongoing evaluation of contractor
  186  performance based on criteria commonly used by federal and state
  187  agencies as well as other institutions and/or businesses engaged
  188  in environmental cleanup activities.
  189         (b) Any contractor performing site rehabilitation program
  190  tasks must demonstrate to the department that:
  191         1. The contractor meets all certification and license
  192  requirements imposed by law.
  193         2. The contractor has obtained approval of its
  194  Comprehensive Quality Assurance Plan prepared under department
  195  rules.
  196         (c) The contractor shall certify to the department that
  197  such contractor:
  198         1. Complies with applicable OSHA regulations.
  199         2. Maintains workers’ compensation insurance for all
  200  employees as required by the Florida Workers’ Compensation Law.
  201         3. Maintains comprehensive general liability and
  202  comprehensive automobile liability insurance with minimum limits
  203  of at least $1 million per occurrence and $1 million annual
  204  aggregate, as shall protect it from claims for damage for
  205  personal injury, including accidental death, as well as claims
  206  for property damage that which may arise from performance of
  207  work under the program, designating the state as an additional
  208  insured party.
  209         4. Maintains professional liability insurance of at least
  210  $1 million per occurrence and $1 million annual aggregate.
  211         5. Has completed and submitted a sworn statement under s.
  212  287.133(3)(a), on public entity crimes.
  213         6. Has the capacity to perform or directly supervise the
  214  majority of the work at a site in accordance with s. 489.113(9).
  215         7. Meets all certification and license requirements imposed
  216  by law.
  217         (3) Any person responsible for site rehabilitation who
  218  received prior approval to conduct site rehabilitation and to
  219  thereafter submit an application for reimbursement, pursuant to
  220  s. 2(3), chapter 95-2, Laws of Florida, may request approval to
  221  conduct site rehabilitation pursuant to this section regardless
  222  of the site score.
  223         (4) Any person responsible for site rehabilitation at a
  224  site with a priority ranking score of 50 points or more who was
  225  performing remedial action activities pursuant to s. 2(2),
  226  chapter 95-2, Laws of Florida, may request approval to complete
  227  site rehabilitation pursuant to this section in order to avoid
  228  disruption in cleanup activities.
  229         (5)(a) Any contractor person who performs services under
  230  the approved contract the conditions of a preapproved site
  231  rehabilitation agreement, pursuant to the provisions of this
  232  section and s. 376.3071(5), may file invoices with the
  233  department for payment within the schedule and for the services
  234  described in the approved contract preapproved site
  235  rehabilitation agreement. The Such invoices for payment must be
  236  submitted to the department on forms provided by the department,
  237  together with evidence documenting that preapproved activities
  238  were conducted or completed in accordance with the approved
  239  contract preapproved authorization. Provided there are
  240  sufficient unencumbered funds available in the Inland Protection
  241  Trust Fund which have been appropriated for expenditure by the
  242  Legislature and provided all of the terms of the approved
  243  contract preapproved site rehabilitation agreement have been
  244  met, invoices for payment must shall be paid consistent with the
  245  provisions of s. 215.422. After a contractor an applicant has
  246  submitted its invoices to the department and before payment is
  247  made, the contractor may assign its right to payment to any
  248  other person, without recourse of the assignee or assignor to
  249  the state, and in such cases the assignee must shall be paid
  250  consistent with the provisions of s. 215.422. Prior notice of
  251  the assignment and assignment information must shall be made to
  252  the department, which notice shall and must be signed and
  253  notarized by the assigning party. The department does shall not
  254  have the authority to regulate private financial transactions by
  255  which an applicant seeks to account for working capital or the
  256  time value of money, unless charges associated with such
  257  transactions are added as a separate charge in an invoice.
  258         (b) The contractor must shall submit an invoice to the
  259  department within 30 days after the date of the department’s
  260  written acceptance of each interim deliverable or written
  261  approval of the final deliverable specified in the approved
  262  contract a preapproved site rehabilitation agreement.
  263         (c) Payments shall be made by The department must make
  264  payments based on the terms of a an approved contract for site
  265  rehabilitation work. The department must may, based on its
  266  experience and the past performance and concerns regarding a
  267  contractor, retain between 5 and 25 up to 25 percent of the
  268  contracted amount or use performance bonds to assure performance
  269  and final acceptance of the project by the department. The
  270  amount of retainage or performance bond or bonds, as well as the
  271  terms and conditions, must shall be a part of the approved site
  272  specific performance-based contract.
  273         (d) Contractors or persons to which the contractor has
  274  assigned its right to payment pursuant to paragraph (a) shall
  275  make prompt payment to subcontractors and suppliers for their
  276  costs associated with an a approved contract preapproved site
  277  rehabilitation agreement pursuant to s. 287.0585(1).
  278         (e) The exemption in s. 287.0585(2) does shall not apply to
  279  payments associated with an a approved contract preapproved site
  280  rehabilitation agreement.
  281         (f) The department shall provide certification within 30
  282  days after notification from a contractor that the terms of the
  283  contract for site rehabilitation work have been completed.
  284  Failure of the department to do so does shall not constitute a
  285  default certification of completion. The department also may
  286  withhold payment if the validity or accuracy of the contractor’s
  287  invoices or supporting documents is in question.
  288         (g) Nothing in This section does not shall be construed to
  289  authorize payment to any person for costs of contaminated soil
  290  treatment or disposal that does not meet the applicable rules of
  291  this state for such treatment or disposal, including all general
  292  permitting, state air emission standards, monitoring, sampling,
  293  and reporting rules more specifically described in department
  294  rules.
  295         (h) If any contractor fails to perform, as determined by
  296  the department, contractual duties for site rehabilitation
  297  program tasks, the department must shall terminate the
  298  contractor’s eligibility for participation in the program.
  299         (i) The contractor responsible for conducting site
  300  rehabilitation must shall keep and preserve suitable records in
  301  accordance with the provisions of s. 376.3071(12)(e).
  302         (6) It is unlawful for a site owner or operator, or his or
  303  her designee, to receive any remuneration, in cash or in kind,
  304  directly or indirectly, from a rehabilitation contractor
  305  performing site cleanup activities pursuant to this section. It
  306  is also unlawful for any contractor or subcontractor to receive
  307  Inland Petroleum Trust Funds in any capacity when that
  308  contractor or subcontractor:
  309         (a) owns or holds any real property interest in any
  310  percentage of property upon which such funds are being expended,
  311  or has any beneficial interest in operations conducted on any
  312  such property;
  313         (b) is a relative of a person who owns or has a voting
  314  interest in any decisions affecting any percentage of property
  315  upon which such funds are being expended; or
  316         (c) serves as a partner, director, officer, trustee, or
  317  managing employee of a corporation that owns or has a voting
  318  interest in any decisions affecting any percentage of property
  319  upon which such funds are being expended. All contractors and
  320  subcontractors performing work under this section shall sign an
  321  affidavit affirming that they comply with this provision. Any
  322  person or entity listed herein.
  324  A contractor, subcontractor, real property owner or responsible
  325  party, or employee or agent of any person or entity listed
  326  herein, who offers, agrees, or contracts to solicit or secure a
  327  contract for petroleum contaminated site assessment or
  328  rehabilitation activities by a violation of any state or federal
  329  law involving fraud, bribery, collusion, conspiracy, or material
  330  misrepresentation with respect to such contracts is, upon
  331  conviction in a competent court of this state, guilty of a third
  332  degree felony, punishable as provided in s. 775.082 or s.
  333  775.083.
  334         (7) On an annual basis, the department shall select one to
  335  five sites eligible for state restoration funding assistance
  336  under this section, each having a low-priority ranking score
  337  pursuant to s. 376.3071(5), for an innovative technology pilot
  338  program. Such sites shall be representative of varying
  339  geographic, geophysical, and petroleum-contaminated conditions.
  340  Utilizing the department’s list of mechanical, chemical, and
  341  biological products and processes which have already been deemed
  342  acceptable from an environmental, regulatory, and safety
  343  standpoint, the department shall select innovative products and
  344  processes, based upon competitive bid procedures per subsection
  345  (2), to be utilized on pilot project sites.
  346         Section 3. Section 376.3071, Florida Statutes, is amended
  347  to read:
  348         376.3071 Inland Protection Trust Fund; creation; purposes;
  349  funding.—
  350         (1) FINDINGS.—In addition to the legislative findings set
  351  forth in s. 376.30, the Legislature finds and declares:
  352         (a) That significant quantities of petroleum and petroleum
  353  products are being stored in storage systems in this state,
  354  which is a hazardous undertaking.
  355         (b) That spills, leaks, and other discharges from such
  356  storage systems have occurred, are occurring, and will continue
  357  to occur and that such discharges pose a significant threat to
  358  the quality of the groundwaters and inland surface waters of
  359  this state.
  360         (c) That, where contamination of the ground or surface
  361  water has occurred, remedial measures have often been delayed
  362  for long periods while determinations as to liability and the
  363  extent of liability are made and that such delays result in the
  364  continuation and intensification of the threat to the public
  365  health, safety, and welfare; in greater damage to the
  366  environment; and in significantly higher costs to contain and
  367  remove the contamination.
  368         (d) That adequate financial resources must be readily
  369  available to provide for the expeditious supply of safe and
  370  reliable alternative sources of potable water to affected
  371  persons and to provide a means for investigation and cleanup of
  372  contamination sites without delay.
  373         (e) That it is necessary to fulfill the intent and purposes
  374  of ss. 376.30-376.317, and further it is hereby determined to be
  375  in the best interest of, and necessary for the protection of the
  376  public health, safety, and general welfare of the residents of
  377  this state, and therefore a paramount public purpose, to provide
  378  for the creation of a nonprofit public benefit corporation as an
  379  instrumentality of the state to assist in financing the
  380  functions provided in ss. 376.30-376.317 and to authorize the
  381  department to enter into one or more service contracts with such
  382  corporation for the provision of financing services related to
  383  such functions and to make payments thereunder from the amount
  384  on deposit in the Inland Protection Trust Fund, subject to
  385  annual appropriation by the Legislature.
  386         (f) That to achieve the purposes established in paragraph
  387  (e) and in order to facilitate the expeditious handling and
  388  rehabilitation of contamination sites and remedial measures with
  389  respect to contamination sites provided hereby without delay, it
  390  is in the best interests of the residents of this state to
  391  authorize such corporation to issue evidences of indebtedness
  392  payable from amounts paid by the department under any such
  393  service contract entered into between the department and such
  394  corporation.
  395         (2) INTENT AND PURPOSE.—
  396         (a) It is the intent of the Legislature to establish the
  397  Inland Protection Trust Fund to serve as a repository for funds
  398  which will enable the department to respond without delay to
  399  incidents of inland contamination related to the storage of
  400  petroleum and petroleum products in order to protect the public
  401  health, safety, and welfare and to minimize environmental
  402  damage.
  403         (b) It is the intent of the Legislature that the department
  404  implement rules and procedures to improve the efficiency of the
  405  Petroleum Restoration Program. The department is directed to
  406  implement rules and policies to eliminate and reduce duplication
  407  of site rehabilitation efforts, paperwork, and documentation,
  408  and micromanagement of site rehabilitation tasks.
  409         (c) The department is directed to adopt and implement
  410  uniform and standardized forms for the requests for preapproval
  411  site rehabilitation work and for the submittal of reports to
  412  ensure that information is submitted to the department in a
  413  concise, standardized uniform format seeking only information
  414  that is necessary.
  415         (d) The department is directed to implement computerized
  416  and electronic filing capabilities of preapproval requests and
  417  submittal of reports in order to expedite submittal of the
  418  information and elimination of delay in paperwork. The
  419  computerized, electronic filing system shall be implemented no
  420  later than January 1, 1997.
  421         (e) The department is directed to adopt uniform scopes of
  422  work with templated labor and equipment costs to provide
  423  definitive guidance as to the type of work and authorized
  424  expenditures that will be allowed for preapproved site
  425  rehabilitation tasks.
  426         (e)(f) The department is directed to establish guidelines
  427  for consideration and acceptance of new and innovative
  428  technologies for site rehabilitation work.
  429         (3) CREATION.—There is hereby created the Inland Protection
  430  Trust Fund, hereinafter referred to as the “fund,” to be
  431  administered by the department. This fund shall be used by the
  432  department as a nonlapsing revolving fund for carrying out the
  433  purposes of this section and s. 376.3073. To this fund shall be
  434  credited all penalties, judgments, recoveries, reimbursements,
  435  loans, and other fees and charges related to the implementation
  436  of this section and s. 376.3073 and the excise tax revenues
  437  levied, collected, and credited pursuant to ss. 206.9935(3) and
  438  206.9945(1)(c). Charges against the fund shall be made in
  439  accordance with the provisions of this section.
  440         (4) USES.—Whenever, in its determination, incidents of
  441  inland contamination related to the storage of petroleum or
  442  petroleum products may pose a threat to the environment or the
  443  public health, safety, or welfare, the department shall obligate
  444  moneys available in the fund to provide for:
  445         (a) Prompt investigation and assessment of contamination
  446  sites.
  447         (b) Expeditious restoration or replacement of potable water
  448  supplies as provided in s. 376.30(3)(c)1.
  449         (c) Rehabilitation of contamination sites, which shall
  450  consist of cleanup of affected soil, groundwater, and inland
  451  surface waters, using the most cost-effective alternative that
  452  is technologically feasible and reliable and that provides
  453  adequate protection of the public health, safety, and welfare
  454  and minimizes environmental damage, in accordance with the site
  455  selection and cleanup criteria established by the department
  456  under subsection (5), except that nothing herein shall be
  457  construed to authorize the department to obligate funds for
  458  payment of costs which may be associated with, but are not
  459  integral to, site rehabilitation, such as the cost for
  460  retrofitting or replacing petroleum storage systems.
  461         (d) Maintenance and monitoring of contamination sites.
  462         (e) Inspection and supervision of activities described in
  463  this subsection.
  464         (f) Payment of expenses incurred by the department in its
  465  efforts to obtain from responsible parties the payment or
  466  recovery of reasonable costs resulting from the activities
  467  described in this subsection.
  468         (g) Payment of any other reasonable costs of
  469  administration, including those administrative costs incurred by
  470  the Department of Health in providing field and laboratory
  471  services, toxicological risk assessment, and other assistance to
  472  the department in the investigation of drinking water
  473  contamination complaints and costs associated with public
  474  information and education activities.
  475         (h) Establishment and implementation of the compliance
  476  verification program as authorized in s. 376.303(1)(a),
  477  including contracting with local governments or state agencies
  478  to provide for the administration of such program through
  479  locally administered programs, to minimize the potential for
  480  further contamination sites.
  481         (i) Funding of the provisions of ss. 376.305(6) and
  482  376.3072.
  483         (j) Activities related to removal and replacement of
  484  petroleum storage systems, exclusive of costs of any tank,
  485  piping, dispensing unit, or related hardware, if soil removal is
  486  preapproved as a component of site rehabilitation and requires
  487  removal of the tank where remediation is conducted under s.
  488  376.30711 or if such activities were justified in an approved
  489  remedial action plan performed pursuant to subsection (12).
  490         (k) Activities related to reimbursement application
  491  preparation and activities related to reimbursement application
  492  examination by a certified public accountant pursuant to
  493  subsection (12).
  494         (l) Reasonable costs of restoring property as nearly as
  495  practicable to the conditions which existed prior to activities
  496  associated with contamination assessment or remedial action
  497  taken under s. 376.303(4).
  498         (m) Repayment of loans to the fund.
  499         (n) Expenditure of sums from the fund to cover ineligible
  500  sites or costs as set forth in subsection (13), if the
  501  department in its discretion deems it necessary to do so. In
  502  such cases, the department may seek recovery and reimbursement
  503  of costs in the same manner and in accordance with the same
  504  procedures as are established for recovery and reimbursement of
  505  sums otherwise owed to or expended from the fund.
  506         (o) Payment of amounts payable under any service contract
  507  entered into by the department pursuant to s. 376.3075, subject
  508  to annual appropriation by the Legislature.
  509         (p) Petroleum remediation pursuant to s. 376.30711
  510  throughout a state fiscal year. The department shall establish a
  511  process to uniformly encumber appropriated funds throughout a
  512  state fiscal year and shall allow for emergencies and imminent
  513  threats to human health and the environment as provided in
  514  paragraph (5)(a). This paragraph does not apply to
  515  appropriations associated with the free product recovery
  516  initiative of paragraph (5)(c) or the preapproved advanced
  517  cleanup program of s. 376.30713.
  518         (q) Enforcement of this section and ss. 376.30-376.317 by
  519  the Fish and Wildlife Conservation Commission. The department
  520  shall disburse moneys to the commission for such purpose.
  522  The Inland Protection Trust Fund may only be used to fund the
  523  activities in ss. 376.30-376.317 except ss. 376.3078 and
  524  376.3079. Amounts on deposit in the Inland Protection Trust Fund
  525  in each fiscal year shall first be applied or allocated for the
  526  payment of amounts payable by the department pursuant to
  527  paragraph (o) under a service contract entered into by the
  528  department pursuant to s. 376.3075 and appropriated in each year
  529  by the Legislature prior to making or providing for other
  530  disbursements from the fund. Nothing in this subsection shall
  531  authorize the use of the Inland Protection Trust Fund for
  532  cleanup of contamination caused primarily by a discharge of
  533  solvents as defined in s. 206.9925(6), or polychlorinated
  534  biphenyls when their presence causes them to be hazardous
  535  wastes, except solvent contamination which is the result of
  536  chemical or physical breakdown of petroleum products and is
  537  otherwise eligible. Facilities used primarily for the storage of
  538  motor or diesel fuels as defined in ss. 206.01 and 206.86 shall
  539  be presumed not to be excluded from eligibility pursuant to this
  540  section.
  542         (a) The department shall adopt rules to establish
  543  priorities based upon a scoring system for state-conducted
  544  cleanup at petroleum contamination sites based upon factors that
  545  include, but need not be limited to:
  546         1. The degree to which human health, safety, or welfare may
  547  be affected by exposure to the contamination;
  548         2. The size of the population or area affected by the
  549  contamination;
  550         3. The present and future uses of the affected aquifer or
  551  surface waters, with particular consideration as to the
  552  probability that the contamination is substantially affecting,
  553  or will migrate to and substantially affect, a known public or
  554  private source of potable water; and
  555         4. The effect of the contamination on the environment.
  557  Moneys in the fund shall then be obligated for activities
  558  described in paragraphs (4)(a)-(e) at individual sites in
  559  accordance with such established criteria. However, nothing in
  560  this paragraph shall be construed to restrict the department
  561  from modifying the priority status of a rehabilitation site
  562  where conditions warrant, taking into consideration the actual
  563  distance between the contamination site and groundwater or
  564  surface water receptors or other factors that affect the risk of
  565  exposure to petroleum products’ chemicals of concern. The
  566  department may use the effective date of a department final
  567  order granting eligibility pursuant to subsections (9) and (13)
  568  and ss. 376.305(6) and 376.3072 to establish a prioritization
  569  system within a particular priority scoring range.
  570         (b) It is the intent of the Legislature to protect the
  571  health of all people under actual circumstances of exposure. The
  572  secretary shall establish criteria by rule for the purpose of
  573  determining, on a site-specific basis, the rehabilitation
  574  program tasks that comprise a site rehabilitation program and
  575  the level at which a rehabilitation program task and a site
  576  rehabilitation program may be deemed completed. In establishing
  577  the rule, the department shall incorporate, to the maximum
  578  extent feasible, risk-based corrective action principles to
  579  achieve protection of human health and safety and the
  580  environment in a cost-effective manner as provided in this
  581  subsection. Criteria for determining what constitutes a
  582  rehabilitation program task or completion of site rehabilitation
  583  program tasks and site rehabilitation programs shall be based
  584  upon the factors set forth in paragraph (a) and the following
  585  additional factors:
  586         1. The current exposure and potential risk of exposure to
  587  humans and the environment including multiple pathways of
  588  exposure.
  589         2. The appropriate point of compliance with cleanup target
  590  levels for petroleum products’ chemicals of concern. The point
  591  of compliance shall be at the source of the petroleum
  592  contamination. However, the department is authorized to
  593  temporarily move the point of compliance to the boundary of the
  594  property, or to the edge of the plume when the plume is within
  595  the property boundary, while cleanup, including cleanup through
  596  natural attenuation processes in conjunction with appropriate
  597  monitoring, is proceeding. The department also is authorized,
  598  pursuant to criteria provided for in this paragraph, to
  599  temporarily extend the point of compliance beyond the property
  600  boundary with appropriate monitoring, if such extension is
  601  needed to facilitate natural attenuation or to address the
  602  current conditions of the plume, provided human health, public
  603  safety, and the environment are adequately protected. Temporary
  604  extension of the point of compliance beyond the property
  605  boundary, as provided in this subparagraph, shall include notice
  606  to local governments and owners of any property into which the
  607  point of compliance is allowed to extend.
  608         3. The appropriate site-specific cleanup goal. The site
  609  specific cleanup goal shall be that all petroleum contamination
  610  sites ultimately achieve the applicable cleanup target levels
  611  provided in this paragraph. However, the department is
  612  authorized to allow concentrations of the petroleum products’
  613  chemicals of concern to temporarily exceed the applicable
  614  cleanup target levels while cleanup, including cleanup through
  615  natural attenuation processes in conjunction with appropriate
  616  monitoring, is proceeding, provided human health, public safety,
  617  and the environment are adequately protected.
  618         4. The appropriateness of using institutional or
  619  engineering controls. Site rehabilitation programs may include
  620  the use of institutional or engineering controls to eliminate
  621  the potential exposure to petroleum products’ chemicals of
  622  concern to humans or the environment. Use of such controls must
  623  be preapproved by the department, and institutional controls
  624  shall not be acquired with funds from the Inland Protection
  625  Trust Fund. When institutional or engineering controls are
  626  implemented to control exposure, the removal of such controls
  627  must have prior department approval and must be accompanied
  628  immediately by the resumption of active cleanup, or other
  629  approved controls, unless cleanup target levels pursuant to this
  630  paragraph have been achieved.
  631         5. The additive effects of the petroleum products’
  632  chemicals of concern. The synergistic effects of petroleum
  633  products’ chemicals of concern shall also be considered when the
  634  scientific data becomes available.
  635         6. Individual site characteristics which shall include, but
  636  not be limited to, the current and projected use of the affected
  637  groundwater in the vicinity of the site, current and projected
  638  land uses of the area affected by the contamination, the exposed
  639  population, the degree and extent of contamination, the rate of
  640  contaminant migration, the apparent or potential rate of
  641  contaminant degradation through natural attenuation processes,
  642  the location of the plume, and the potential for further
  643  migration in relation to site property boundaries.
  644         7. Applicable state water quality standards.
  645         a. Cleanup target levels for petroleum products’ chemicals
  646  of concern found in groundwater shall be the applicable state
  647  water quality standards. Where such standards do not exist, the
  648  cleanup target levels for groundwater shall be based on the
  649  minimum criteria specified in department rule. The department
  650  shall consider the following, as appropriate, in establishing
  651  the applicable minimum criteria: calculations using a lifetime
  652  cancer risk level of 1.0E-6; a hazard index of 1 or less; the
  653  best achievable detection limit; the naturally occurring
  654  background concentration; or nuisance, organoleptic, and
  655  aesthetic considerations.
  656         b. Where surface waters are exposed to petroleum
  657  contaminated groundwater, the cleanup target levels for the
  658  petroleum products’ chemicals of concern shall be based on the
  659  surface water standards as established by department rule. The
  660  point of measuring compliance with the surface water standards
  661  shall be in the groundwater immediately adjacent to the surface
  662  water body.
  663         8. Whether deviation from state water quality standards or
  664  from established criteria is appropriate. The department may
  665  issue a “No Further Action Order” based upon the degree to which
  666  the desired cleanup target level is achievable and can be
  667  reasonably and cost-effectively implemented within available
  668  technologies or engineering and institutional control
  669  strategies. Where a state water quality standard is applicable,
  670  a deviation may not result in the application of cleanup target
  671  levels more stringent than said standard. In determining whether
  672  it is appropriate to establish alternate cleanup target levels
  673  at a site, the department may consider the effectiveness of
  674  source removal that has been completed at the site and the
  675  practical likelihood of: the use of low yield or poor quality
  676  groundwater; the use of groundwater near marine surface water
  677  bodies; the current and projected use of the affected
  678  groundwater in the vicinity of the site; or the use of
  679  groundwater in the immediate vicinity of the storage tank area,
  680  where it has been demonstrated that the groundwater
  681  contamination is not migrating away from such localized source;
  682  provided human health, public safety, and the environment are
  683  adequately protected.
  684         9. Appropriate cleanup target levels for soils.
  685         a. In establishing soil cleanup target levels for human
  686  exposure to petroleum products’ chemicals of concern found in
  687  soils from the land surface to 2 feet below land surface, the
  688  department shall consider the following, as appropriate:
  689  calculations using a lifetime cancer risk level of 1.0E-6; a
  690  hazard index of 1 or less; the best achievable detection limit;
  691  or the naturally occurring background concentration.
  692         b. Leachability-based soil target levels shall be based on
  693  protection of the groundwater cleanup target levels or the
  694  alternate cleanup target levels for groundwater established
  695  pursuant to this paragraph, as appropriate. Source removal and
  696  other cost-effective alternatives that are technologically
  697  feasible shall be considered in achieving the leachability soil
  698  target levels established by the department. The leachability
  699  goals shall not be applicable if the department determines,
  700  based upon individual site characteristics, that petroleum
  701  products’ chemicals of concern will not leach into the
  702  groundwater at levels which pose a threat to human health and
  703  safety or the environment.
  705  However, nothing in this paragraph shall be construed to
  706  restrict the department from temporarily postponing completion
  707  of any site rehabilitation program for which funds are being
  708  expended whenever such postponement is deemed necessary in order
  709  to make funds available for rehabilitation of a contamination
  710  site with a higher priority status.
  711         (c) The department shall require source removal, if
  712  warranted and cost-effective, at each site eligible for
  713  restoration funding from the Inland Protection Trust Fund.
  714         1. Funding for free product recovery may be provided in
  715  advance of the order established by the priority ranking system
  716  under paragraph (a) for site cleanup activities. However, a
  717  separate prioritization for free product recovery shall be
  718  established consistent with paragraph (a). No more than $5
  719  million shall be encumbered from the Inland Protection Trust
  720  Fund in any fiscal year for free product recovery conducted in
  721  advance of the priority order under paragraph (a) established
  722  for site cleanup activities.
  723         2. Once free product removal and other source removal
  724  identified in this paragraph are completed at a site, and
  725  notwithstanding the order established by the priority ranking
  726  system under paragraph (a) for site cleanup activities, the
  727  department may reevaluate the site to determine the degree of
  728  active cleanup needed to continue site rehabilitation. Further,
  729  the department shall determine if the reevaluated site qualifies
  730  for natural attenuation monitoring, long-term natural
  731  attenuation monitoring, or no further action. If additional site
  732  rehabilitation is necessary to reach no further action status,
  733  the site rehabilitation shall be conducted in the order
  734  established by the priority ranking system under paragraph (a).
  735  The department shall utilize natural attenuation monitoring
  736  strategies and, when cost-effective, transition sites eligible
  737  for restoration funding assistance to long-term natural
  738  attenuation monitoring where the plume is shrinking or stable
  739  and confined to the source property boundaries and the petroleum
  740  products’ chemicals of concern meet the natural attenuation
  741  default concentrations, as defined by department rule. If the
  742  plume migrates beyond the source property boundaries, natural
  743  attenuation monitoring may be conducted in accordance with
  744  department rule, or if the site no longer qualifies for natural
  745  attenuation monitoring, active remediation may be resumed. For
  746  long-term natural attenuation monitoring, if the petroleum
  747  products’ chemicals of concern increase or are not significantly
  748  reduced after 42 months of monitoring or at the discretion of
  749  the department, or if the plume migrates beyond the property
  750  boundaries, active remediation shall be resumed as necessary.
  751  For sites undergoing active remediation, the department shall
  752  evaluate template the cost of natural attenuation monitoring
  753  pursuant to s. 376.30711 to ensure that site mobilizations are
  754  performed in a cost-effective manner. Sites that are not
  755  eligible for state restoration funding may transition to long
  756  term natural attenuation monitoring using the criteria in this
  757  subparagraph. Nothing in this subparagraph precludes a site from
  758  pursuing a “No Further Action” order with conditions.
  759         3. The department shall evaluate whether higher natural
  760  attenuation default concentrations for natural attenuation
  761  monitoring or long-term natural attenuation monitoring are cost
  762  effective and would adequately protect public health and the
  763  environment. The department shall also evaluate site-specific
  764  characteristics that would allow for higher natural attenuation
  765  or long-term natural attenuation concentration levels.
  766         4. A local government may not deny a building permit based
  767  solely on the presence of petroleum contamination for any
  768  construction, repairs, or renovations performed in conjunction
  769  with tank upgrade activities to an existing retail fuel facility
  770  if the facility was fully operational before the building permit
  771  was requested and if the construction, repair, or renovation is
  772  performed by a licensed contractor. All building permits and any
  773  construction, repairs, or renovations performed in conjunction
  774  with such permits must comply with the applicable provisions of
  775  chapters 489 and 553.
  776         (6) FUNDING.—The Inland Protection Trust Fund shall be
  777  funded as follows:
  778         (a) All excise taxes levied, collected, and credited to the
  779  fund in accordance with the provisions of ss. 206.9935(3) and
  780  206.9945(1)(c).
  781         (b) All penalties, judgments, recoveries, reimbursements,
  782  and other fees and charges credited to the fund in accordance
  783  with the provisions of subsection (3).
  785         (a) Except as provided in subsection (9) and as otherwise
  786  provided by law, the department shall recover to the use of the
  787  fund from a person or persons at any time causing or having
  788  caused the discharge or from the Federal Government, jointly and
  789  severally, all sums owed or expended from the fund, pursuant to
  790  s. 376.308, except that the department may decline to pursue
  791  such recovery if it finds the amount involved too small or the
  792  likelihood of recovery too uncertain. Sums recovered as a result
  793  of damage due to a discharge related to the storage of petroleum
  794  or petroleum products or other similar disaster shall be
  795  apportioned between the fund and the General Revenue Fund so as
  796  to repay the full costs to the General Revenue Fund of any sums
  797  disbursed therefrom as a result of such disaster. Any request
  798  for reimbursement to the fund for such costs, if not paid within
  799  30 days of demand, shall be turned over to the department for
  800  collection.
  801         (b) Except as provided in subsection (9) and as otherwise
  802  provided by law, it is the duty of the department in
  803  administering the fund diligently to pursue the reimbursement to
  804  the fund of any sum expended from the fund for cleanup and
  805  abatement in accordance with the provisions of this section or
  806  s. 376.3073, unless the department finds the amount involved too
  807  small or the likelihood of recovery too uncertain. For the
  808  purposes of s. 95.11, the limitation period within which to
  809  institute an action to recover such sums shall commence on the
  810  last date on which any such sums were expended, and not the date
  811  that the discharge occurred.
  812         (c) If the department initiates an enforcement action to
  813  clean up a contaminated site and determines that the responsible
  814  party is financially unable to undertake complete restoration of
  815  the contaminated site, that the current property owner was not
  816  responsible for the discharge when the contamination first
  817  occurred, or that the state’s interest can best be served by
  818  conducting cleanup, the department may enter into an agreement
  819  with the responsible party or property owner whereby the
  820  department agrees to conduct site rehabilitation and the
  821  responsible party or property owner agrees to pay for the
  822  portion of the cleanup costs that are within such party’s or
  823  owner’s financial capabilities as determined by the department,
  824  taking into consideration the party’s net worth and the economic
  825  impact on the party.
  826         (d) The department may impose a lien on the real property
  827  on which the contaminated site is located equal to the estimated
  828  cost to bring the site into compliance, including attorney’s
  829  fees and court costs. Any owner whose property has such a lien
  830  imposed may release her or his property from any lien claimed
  831  under this subsection by filing with the clerk of the circuit
  832  court a cash or surety bond, payable to the department in the
  833  amount of the estimated cost of bringing the site into
  834  compliance with department rules, including attorney’s fees and
  835  court costs, or the value of the property after the abatement
  836  action is complete, whichever is less. A lien provided by this
  837  subsection may not continue for a period longer than 4 years
  838  after the abatement action is completed, unless within that
  839  period an action to enforce the lien is commenced in a court of
  840  competent jurisdiction. The department may take action to
  841  enforce the lien in the same manner used for construction liens
  842  under part I of chapter 713.
  843         (8) INVESTMENTS; INTEREST.—Moneys in the fund which are not
  844  needed currently to meet the obligations of the department in
  845  the exercise of its responsibilities under this section and s.
  846  376.3073 shall be deposited with the Chief Financial Officer to
  847  the credit of the fund and may be invested in such manner as is
  848  provided for by statute. The interest received on such
  849  investment shall be credited to the fund. Any provisions of law
  850  to the contrary notwithstanding, such interest may be freely
  851  transferred between this trust fund and the Water Quality
  852  Assurance Trust Fund, in the discretion of the department.
  853         (9) EARLY DETECTION INCENTIVE PROGRAM.—To encourage early
  854  detection, reporting, and cleanup of contamination from leaking
  855  petroleum storage systems, the department shall, within the
  856  guidelines established in this subsection, conduct an incentive
  857  program which shall provide for a 30-month grace period ending
  858  on December 31, 1988. Pursuant thereto:
  859         (a) The department shall establish reasonable requirements
  860  for the written reporting of petroleum contamination incidents
  861  and shall distribute forms to registrants under s. 376.303(1)(b)
  862  and to other interested parties upon request to be used for such
  863  purpose. Until such forms are available for distribution, the
  864  department shall take reports of such incidents, however made,
  865  but shall notify any person making such a report that a complete
  866  written report of the incident will be required by the
  867  department at a later time, the form for which will be provided
  868  by the department.
  869         (b) When reporting forms become available for distribution,
  870  all sites involving incidents of contamination from petroleum
  871  storage systems initially reported to the department at any time
  872  from midnight on June 30, 1986, to midnight on December 31,
  873  1988, shall be qualified sites, provided that such a complete
  874  written report is filed with respect thereto within a reasonable
  875  time. Subject to the delays which may occur as a result of the
  876  prioritization of sites under paragraph (5)(a) for any qualified
  877  site, costs for activities described in paragraphs (4)(a)-(e)
  878  shall be absorbed at the expense of the fund, without recourse
  879  to reimbursement or recovery, with the following exceptions:
  880         1. The provisions of this subsection shall not apply to any
  881  site where the department has been denied site access to
  882  implement the provisions of this section.
  883         2. The provisions of this subsection shall not be construed
  884  to authorize or require reimbursement from the fund for costs
  885  expended prior to the beginning of the grace period, except as
  886  provided in subsection (12).
  887         3.a. Upon discovery by the department that the owner or
  888  operator of a petroleum storage system has been grossly
  889  negligent in the maintenance of such petroleum storage system;
  890  has, with willful intent to conceal the existence of a serious
  891  discharge, falsified inventory or reconciliation records
  892  maintained with respect to the site at which such system is
  893  located; or has intentionally damaged such petroleum storage
  894  system, the site at which such system is located shall be
  895  ineligible for participation in the incentive program and the
  896  owner shall be liable for all costs due to discharges from
  897  petroleum storage systems at that site, any other provisions of
  898  chapter 86-159, Laws of Florida, to the contrary
  899  notwithstanding. For the purposes of this paragraph, willful
  900  failure to maintain inventory and reconciliation records,
  901  willful failure to make monthly monitoring system checks where
  902  such systems are in place, and failure to meet monitoring and
  903  retrofitting requirements within the schedules established under
  904  chapter 62-761, Florida Administrative Code, or violation of
  905  similar rules adopted by the department under this chapter,
  906  shall be construed to be gross negligence in the maintenance of
  907  a petroleum storage system.
  908         b. The department shall redetermine the eligibility of
  909  petroleum storage systems for which a timely EDI application was
  910  filed, but which were deemed ineligible by the department, under
  911  the following conditions:
  912         (I) The owner or operator, on or before March 31, 1991,
  913  shall submit, in writing, notification that the storage system
  914  is now in compliance with department rules adopted pursuant to
  915  s. 376.303, and which requests the department to reevaluate the
  916  storage system eligibility; and
  917         (II) The department verifies the storage system compliance
  918  based on a compliance inspection.
  920  Provided, however, that a site may be determined eligible by the
  921  department for good cause shown, including, but not limited to,
  922  demonstration by the owner or operator that to achieve
  923  compliance would cause an increase in the potential for the
  924  spread of the contamination.
  925         c. Redetermination of eligibility pursuant to sub
  926  subparagraph b. shall not be available to:
  927         (I) Petroleum storage systems owned or operated by the
  928  Federal Government.
  929         (II) Facilities that denied site access to the department.
  930         (III) Facilities where a discharge was intentionally
  931  concealed.
  932         (IV) Facilities that were denied eligibility due to:
  933         (A) Absence of contamination, unless any such facility
  934  subsequently establishes that contamination did exist at that
  935  facility on or before December 31, 1988.
  936         (B) Contamination from substances that were not petroleum
  937  or a petroleum product.
  938         (C) Contamination that was not from a petroleum storage
  939  system.
  940         d. EDI applicants who demonstrate compliance for a site
  941  pursuant to sub-subparagraph b. are eligible for the Early
  942  Detection Incentive Program and site rehabilitation funding
  943  pursuant to subsection (5) and s. 376.30711.
  945  If, in order to avoid prolonged delay, the department in its
  946  discretion deems it necessary to expend sums from the fund to
  947  cover ineligible sites or costs as set forth in this paragraph,
  948  the department may do so and seek recovery and reimbursement
  949  therefor in the same manner and in accordance with the same
  950  procedures as are established for recovery and reimbursement of
  951  sums otherwise owed to or expended from the fund.
  952         (c) No report of a discharge made to the department by any
  953  person in accordance with this subsection, or any rules
  954  promulgated pursuant hereto, shall be used directly as evidence
  955  of liability for such discharge in any civil or criminal trial
  956  arising out of the discharge.
  957         (d) The provisions of this subsection shall not apply to
  958  petroleum storage systems owned or operated by the Federal
  959  Government.
  960         (10) VIOLATIONS; PENALTY.—It is unlawful for any person to:
  961         (a) Falsify inventory or reconciliation records maintained
  962  in compliance with chapters 62-761 and 62-762, Florida
  963  Administrative Code, with willful intent to conceal the
  964  existence of a serious leak; or
  965         (b) Intentionally damage a petroleum storage system.
  967  Any person convicted of such a violation shall be guilty of a
  968  felony of the third degree, punishable as provided in s.
  969  775.082, s. 775.083, or s. 775.084.
  970         (11) SITE CLEANUP.—
  971         (a) Voluntary cleanup.—This section does not prohibit a
  972  person from conducting site rehabilitation either through his or
  973  her own personnel or through responsible response action
  974  contractors or subcontractors when such person is not seeking
  975  site rehabilitation funding from the fund. Such voluntary
  976  cleanups must meet all applicable environmental standards.
  977         (b) Low-scored site initiative.—Notwithstanding s.
  978  376.30711, any site with a priority ranking score of 29 points
  979  or less may voluntarily participate in the low-scored site
  980  initiative, whether or not the site is eligible for state
  981  restoration funding.
  982         1. To participate in the low-scored site initiative, the
  983  responsible party or property owner must affirmatively
  984  demonstrate that the following conditions are met:
  985         a. Upon reassessment pursuant to department rule, the site
  986  retains a priority ranking score of 29 points or less.
  987         b. No excessively contaminated soil, as defined by
  988  department rule, exists onsite as a result of a release of
  989  petroleum products.
  990         c. A minimum of 6 months of groundwater monitoring
  991  indicates that the plume is shrinking or stable.
  992         d. The release of petroleum products at the site does not
  993  adversely affect adjacent surface waters, including their
  994  effects on human health and the environment.
  995         e. The area of groundwater containing the petroleum
  996  products’ chemicals of concern is less than one-quarter acre and
  997  is confined to the source property boundaries of the real
  998  property on which the discharge originated.
  999         f. Soils onsite that are subject to human exposure found
 1000  between land surface and 2 feet below land surface meet the soil
 1001  cleanup target levels established by department rule or human
 1002  exposure is limited by appropriate institutional or engineering
 1003  controls.
 1004         2. Upon affirmative demonstration of the conditions under
 1005  subparagraph 1., the department shall issue a determination of
 1006  “No Further Action.” Such determination acknowledges that
 1007  minimal contamination exists onsite and that such contamination
 1008  is not a threat to human health or the environment. If no
 1009  contamination is detected, the department may issue a site
 1010  rehabilitation completion order.
 1011         3. Sites that are eligible for state restoration funding
 1012  may receive payment of preapproved costs for the low-scored site
 1013  initiative as follows:
 1014         a. A responsible party or property owner may submit an
 1015  assessment plan designed to affirmatively demonstrate that the
 1016  site meets the conditions under subparagraph 1. Notwithstanding
 1017  the priority ranking score of the site, the department may
 1018  approve preapprove the cost of the assessment pursuant to s.
 1019  376.30711, including 6 months of groundwater monitoring, not to
 1020  exceed $30,000 for each site. The department may not pay the
 1021  costs associated with the establishment of institutional or
 1022  engineering controls.
 1023         b. The assessment work shall be completed no later than 6
 1024  months after the department issues its approval.
 1025         c. No more than $10 million for the low-scored site
 1026  initiative may be encumbered from the Inland Protection Trust
 1027  Fund in any fiscal year. Funds shall be made available on a
 1028  first-come, first-served basis and shall be limited to 10 sites
 1029  in each fiscal year for each responsible party or property
 1030  owner.
 1031         d. Program deductibles, copayments, and the limited
 1032  contamination assessment report requirements under paragraph
 1033  (13)(c) do not apply to expenditures under this paragraph.
 1034         (12) REIMBURSEMENT FOR CLEANUP EXPENSES.—Except as provided
 1035  in s. 2(3), chapter 95-2, Laws of Florida, this subsection shall
 1036  not apply to any site rehabilitation program task initiated
 1037  after March 29, 1995. Effective August 1, 1996, no further site
 1038  rehabilitation work on sites eligible for state-funded cleanup
 1039  from the Inland Protection Trust Fund shall be eligible for
 1040  reimbursement pursuant to this subsection. The person
 1041  responsible for conducting site rehabilitation may seek
 1042  reimbursement for site rehabilitation program task work
 1043  conducted after March 28, 1995, in accordance with s. 2(2) and
 1044  (3), chapter 95-2, Laws of Florida, regardless of whether the
 1045  site rehabilitation program task is completed. A site
 1046  rehabilitation program task shall be considered to be initiated
 1047  when actual onsite work or engineering design, pursuant to
 1048  chapter 62-770, Florida Administrative Code, which is integral
 1049  to performing a site rehabilitation program task has begun and
 1050  shall not include contract negotiation and execution, site
 1051  research, or project planning. All reimbursement applications
 1052  pursuant to this subsection must be submitted to the department
 1053  by January 3, 1997. The department shall not accept any
 1054  applications for reimbursement or pay any claims on applications
 1055  for reimbursement received after that date; provided, however if
 1056  an application filed on or prior to January 3, 1997, was
 1057  returned by the department on the grounds of untimely filing, it
 1058  shall be refiled within 30 days after the effective date of this
 1059  act in order to be processed.
 1060         (a) Legislative findings.—The Legislature finds and
 1061  declares that rehabilitation of contamination sites should be
 1062  conducted in a manner and to a level of completion which will
 1063  protect the public health, safety, and welfare and will minimize
 1064  damage to the environment.
 1065         (b) Conditions.—
 1066         1. The owner, operator, or his or her designee of a site
 1067  which is eligible for restoration funding assistance in the EDI,
 1068  PLRIP, or ATRP programs shall be reimbursed from the Inland
 1069  Protection Trust Fund of allowable costs at reasonable rates
 1070  incurred on or after January 1, 1985, for completed program
 1071  tasks as identified in the department rule promulgated pursuant
 1072  to paragraph (5)(b), or uncompleted program tasks pursuant to
 1073  chapter 95-2, Laws of Florida, subject to the conditions in this
 1074  section. It is unlawful for a site owner or operator, or his or
 1075  her designee, to receive any remuneration, in cash or in kind,
 1076  directly or indirectly from the rehabilitation contractor.
 1077         2. Nothing in this subsection shall be construed to
 1078  authorize reimbursement to any person for costs of contaminated
 1079  soil treatment or disposal that does not meet the applicable
 1080  rules of this state for such treatment or disposal, including
 1081  all general permitting, state air emission standards,
 1082  monitoring, sampling, and reporting rules more specifically
 1083  described in department rules.
 1084         (c) Legislative intent.—Due to the value of the potable
 1085  water of this state, it is the intent of the Legislature that
 1086  the department initiate and facilitate as many cleanups as
 1087  possible utilizing the resources of the state, local
 1088  governments, and the private sector, recognizing that source
 1089  removal, wherever it is technologically feasible and cost
 1090  effective, shall be considered the primary initial response to
 1091  protect public health, safety, and the environment.
 1092         (d) Amount of reimbursement.—The department shall reimburse
 1093  actual and reasonable costs for site rehabilitation. The
 1094  department shall not reimburse interest on the amount of
 1095  reimbursable costs for any reimbursement application. However,
 1096  nothing herein shall affect the department’s authority to pay
 1097  interest authorized under prior law.
 1098         (e) Records.—The person responsible for conducting site
 1099  rehabilitation, or his or her agent, shall keep and preserve
 1100  suitable records as follows:
 1101         1. Hydrological and other site investigations and
 1102  assessments; site rehabilitation plans; contracts and contract
 1103  negotiations; and accounts, invoices, sales tickets, or other
 1104  payment records from purchases, sales, leases, or other
 1105  transactions involving costs actually incurred related to site
 1106  rehabilitation. Such records shall be made available upon
 1107  request to agents and employees of the department during regular
 1108  business hours and at other times upon written request of the
 1109  department.
 1110         2. In addition, the department may from time to time
 1111  request submission of such site-specific information as it may
 1112  require, unless a waiver or variance from such department
 1113  request is granted pursuant to paragraph (k).
 1114         3. All records of costs actually incurred for cleanup shall
 1115  be certified by affidavit to the department as being true and
 1116  correct.
 1117         (f) Application for reimbursement.—Any eligible person who
 1118  performs a site rehabilitation program or performs site
 1119  rehabilitation program tasks such as preparation of site
 1120  rehabilitation plans or assessments; product recovery; cleanup
 1121  of groundwater or inland surface water; soil treatment or
 1122  removal; or any other tasks identified by department rule
 1123  developed pursuant to subsection (5), may apply for
 1124  reimbursement. Such applications for reimbursement must be
 1125  submitted to the department on forms provided by the department,
 1126  together with evidence documenting that site rehabilitation
 1127  program tasks were conducted or completed in accordance with
 1128  department rule developed pursuant to subsection (5), and other
 1129  such records or information as the department requires. The
 1130  reimbursement application and supporting documentation shall be
 1131  examined by a certified public accountant in accordance with
 1132  standards established by the American Institute of Certified
 1133  Public Accountants. A copy of the accountant’s report shall be
 1134  submitted with the reimbursement application. Applications for
 1135  reimbursement shall not be approved for site rehabilitation
 1136  program tasks which have not been completed, except for the task
 1137  of remedial action and except for uncompleted program tasks
 1138  pursuant to chapter 95-2, Laws of Florida, and this subsection.
 1139  Applications for remedial action may be submitted semiannually
 1140  at the discretion of the person responsible for cleanup. After
 1141  an applicant has filed an application with the department and
 1142  before payment is made, the applicant may assign the right to
 1143  payment to any other person, without recourse of the assignee or
 1144  assignor to the state, without affecting the order in which
 1145  payment is made. Information necessary to process the
 1146  application shall be requested from and provided by the
 1147  assigning applicant. Proper notice of the assignment and
 1148  assignment information shall be made to the department which
 1149  notice shall be signed and notarized by the assigning applicant.
 1150         (g) Review.—
 1151         1. Provided there are sufficient unencumbered funds
 1152  available in the Inland Protection Trust Fund, or to the extent
 1153  proceeds of debt obligations are available for the payment of
 1154  existing reimbursement obligations pursuant to s. 376.3075, the
 1155  department shall have 60 days to determine if the applicant has
 1156  provided sufficient information for processing the application
 1157  and shall request submission of any additional information that
 1158  the department may require within such 60-day period. If the
 1159  applicant believes any request for additional information is not
 1160  authorized, the applicant may request a hearing pursuant to ss.
 1161  120.569 and 120.57. Once the department requests additional
 1162  information, the department may request only that information
 1163  needed to clarify such additional information or to answer new
 1164  questions raised by or directly related to such additional
 1165  information.
 1166         2. The department shall deny or approve the application for
 1167  reimbursement within 90 days after receipt of the last item of
 1168  timely requested additional material, or, if no additional
 1169  material is requested, within 90 days of the close of the 60-day
 1170  period described in subparagraph 1., unless the total review
 1171  period is otherwise extended by written mutual agreement of the
 1172  applicant and the department.
 1173         3. Final disposition of an application shall be provided to
 1174  the applicant in writing, accompanied by a written explanation
 1175  setting forth in detail the reason or reasons for the approval
 1176  or denial. If the department fails to make a determination on an
 1177  application within the time provided in subparagraph 2., or
 1178  denies an application, or if a dispute otherwise arises with
 1179  regard to reimbursement, the applicant may request a hearing
 1180  pursuant to ss. 120.569 and 120.57.
 1181         (h) Reimbursement.—Upon approval of an application for
 1182  reimbursement, reimbursement for reasonable expenditures of a
 1183  site rehabilitation program or site rehabilitation program tasks
 1184  documented therein shall be made in the order in which the
 1185  department receives completed applications. Effective January 1,
 1186  1997, all unpaid reimbursement applications are subject to
 1187  payment on the following terms: The department shall develop a
 1188  schedule of the anticipated dates of reimbursement of
 1189  applications submitted to the department pursuant to this
 1190  subsection. The schedule shall specify the projected date of
 1191  payment based on equal monthly payments and projected annual
 1192  revenue of $100 million. Based on the schedule, the department
 1193  shall notify all reimbursement applicants of the projected date
 1194  of payment of their applications. The department shall direct
 1195  the Inland Protection Financing Corporation to pay applicants
 1196  the present value of their applications as soon as practicable
 1197  after approval by the department, subject to the availability of
 1198  funds within the Inland Protection Financing Corporation. The
 1199  present value of an application shall be based on the date on
 1200  which the department anticipates the Inland Protection Financing
 1201  Corporation will settle the reimbursement application and the
 1202  schedule’s projected date of payment and shall use 3.5 percent
 1203  as the annual discount rate. The determination of the amount of
 1204  the claim and the projected date of payment shall be subject to
 1205  s. 120.57.
 1206         (i) Liberal construction.—With respect to site
 1207  rehabilitation initiated prior to July 1, 1986, the provisions
 1208  of this subsection shall be given such liberal construction by
 1209  the department as will accomplish the purposes set forth in this
 1210  subsection. With regard to the keeping of particular records or
 1211  the giving of certain notice, the department may accept as
 1212  compliance action by a person which meets the intent of the
 1213  requirements set forth in this subsection.
 1214         (j) Reimbursement-review contracts.—The department may
 1215  contract with entities capable of processing or assisting in the
 1216  review of reimbursement applications. Any purchase of such
 1217  services shall not be subject to chapter 287.
 1218         (k) Audits.—
 1219         1. The department is authorized to perform financial and
 1220  technical audits in order to certify site restoration costs and
 1221  ensure compliance with this chapter. The department shall seek
 1222  recovery of any overpayments based on the findings of these
 1223  audits. The department must commence any audit within 5 years
 1224  after the date of reimbursement, except in cases where the
 1225  department alleges specific facts indicating fraud.
 1226         2. Upon determination by the department that any portion of
 1227  costs which have been reimbursed are disallowed, the department
 1228  shall give written notice to the applicant setting forth with
 1229  specificity the allegations of fact which justify the
 1230  department’s proposed action and ordering repayment of
 1231  disallowed costs within 60 days of notification of the
 1232  applicant.
 1233         3. In the event the applicant does not make payment to the
 1234  department within 60 days of receipt of such notice, the
 1235  department shall seek recovery in a court of competent
 1236  jurisdiction to recover reimbursement overpayments made to the
 1237  person responsible for conducting site rehabilitation, unless
 1238  the department finds the amount involved too small or the
 1239  likelihood of recovery too uncertain.
 1240         4. In addition to the amount of any overpayment, the
 1241  applicant shall be liable to the department for interest of 1
 1242  percent per month or the prime rate, whichever is less, on the
 1243  amount of overpayment, from the date of overpayment by the
 1244  department until the applicant satisfies the department’s
 1245  request for repayment pursuant to this paragraph. The
 1246  calculation of interest shall be tolled during the pendency of
 1247  any litigation.
 1248         5. Financial and technical audits frequently are conducted
 1249  under this section many years after the site rehabilitation
 1250  activities were performed and the costs examined in the course
 1251  of the audit were incurred by the person responsible for site
 1252  rehabilitation. During the intervening span of years, the
 1253  department’s rule requirements and its related guidance and
 1254  other nonrule policy directives may have changed significantly.
 1255  The Legislature finds that it may be appropriate for the
 1256  department to provide relief to persons subject to such
 1257  requirements in financial and technical audits conducted
 1258  pursuant to this section.
 1259         a. The department is authorized to grant variances and
 1260  waivers from the documentation requirements of subparagraph
 1261  (e)2. and from the requirements of rules applicable in technical
 1262  and financial audits conducted under this section. Variances and
 1263  waivers shall be granted when the person responsible for site
 1264  rehabilitation demonstrates to the department that application
 1265  of a financial or technical auditing requirement would create a
 1266  substantial hardship or would violate principles of fairness.
 1267  For purposes of this subsection, “substantial hardship” means a
 1268  demonstrated economic, technological, legal, or other type of
 1269  hardship to the person requesting the variance or waiver. For
 1270  purposes of this subsection, “principles of fairness” are
 1271  violated when the application of a requirement affects a
 1272  particular person in a manner significantly different from the
 1273  way it affects other similarly situated persons who are affected
 1274  by the requirement or when the requirement is being applied
 1275  retroactively without due notice to the affected parties.
 1276         b. A person whose reimbursed costs are subject to a
 1277  financial and technical audit under this section may file a
 1278  written request to the department for grant of a variance or
 1279  waiver. The request shall specify:
 1280         (I) The requirement from which a variance or waiver is
 1281  requested.
 1282         (II) The type of action requested.
 1283         (III) The specific facts which would justify a waiver or
 1284  variance.
 1285         (IV) The reason or reasons why the requested variance or
 1286  waiver would serve the purposes of this section.
 1287         c. Within 90 days after receipt of a written request for
 1288  variance or waiver under this subsection, the department shall
 1289  grant or deny the request. If the request is not granted or
 1290  denied within 90 days of receipt, the request shall be deemed
 1291  approved. An order granting or denying the request shall be in
 1292  writing and shall contain a statement of the relevant facts and
 1293  reasons supporting the department’s action. The department’s
 1294  decision to grant or deny the petition shall be supported by
 1295  competent substantial evidence and is subject to ss. 120.569 and
 1296  120.57. Once adopted, model rules promulgated by the
 1297  Administration Commission under s. 120.542 shall govern the
 1298  processing of requests under this provision.
 1299         6. The Chief Financial Officer may audit the records of
 1300  persons who receive or who have received payments pursuant to
 1301  this chapter in order to verify site restoration costs, ensure
 1302  compliance with this chapter, and verify the accuracy and
 1303  completeness of audits performed by the department pursuant to
 1304  this paragraph. The Chief Financial Officer may contract with
 1305  entities or persons to perform audits pursuant to this
 1306  subparagraph. The Chief Financial Officer shall commence any
 1307  audit within 1 year after the department’s completion of an
 1308  audit conducted pursuant to this paragraph, except in cases
 1309  where the department or the Chief Financial Officer alleges
 1310  specific facts indicating fraud.
 1312  detection, reporting, and cleanup of contamination caused by
 1313  discharges of petroleum or petroleum products, the department
 1314  shall, within the guidelines established in this subsection,
 1315  implement a cost-sharing cleanup program to provide
 1316  rehabilitation funding assistance for all property contaminated
 1317  by discharges of petroleum or petroleum products occurring
 1318  before January 1, 1995, subject to a copayment provided for in a
 1319  preapproved Petroleum Cleanup Participation Program site
 1320  rehabilitation agreement. Eligibility shall be subject to an
 1321  annual appropriation from the Inland Protection Trust Fund.
 1322  Additionally, funding for eligible sites shall be contingent
 1323  upon annual appropriation in subsequent years. Such continued
 1324  state funding shall not be deemed an entitlement or a vested
 1325  right under this subsection. Eligibility in the program shall be
 1326  notwithstanding any other provision of law, consent order,
 1327  order, judgment, or ordinance to the contrary.
 1328         (a)1. The department shall accept any discharge reporting
 1329  form received prior to January 1, 1995, as an application for
 1330  this program, and the facility owner or operator need not
 1331  reapply.
 1332         2. Owners or operators of property contaminated by
 1333  petroleum or petroleum products from a petroleum storage system
 1334  may apply for such program by filing a written report of the
 1335  contamination incident, including evidence that such incident
 1336  occurred prior to January 1, 1995, with the department.
 1337  Incidents of petroleum contamination discovered after December
 1338  31, 1994, at sites which have not stored petroleum or petroleum
 1339  products for consumption, use, or sale after such date shall be
 1340  presumed to have occurred prior to January 1, 1995. An
 1341  operator’s filed report shall be deemed an application of the
 1342  owner for all purposes. Sites reported to the department after
 1343  December 31, 1998, shall not be eligible for this program.
 1344         (b) Subject to annual appropriation from the Inland
 1345  Protection Trust Fund, sites meeting the criteria of this
 1346  subsection are eligible for up to $400,000 of site
 1347  rehabilitation funding assistance in priority order pursuant to
 1348  subsection (5) and s. 376.30711. Sites meeting the criteria of
 1349  this subsection for which a site rehabilitation completion order
 1350  was issued prior to June 1, 2008, do not qualify for the 2008
 1351  increase in site rehabilitation funding assistance and are bound
 1352  by the pre-June 1, 2008, limits. Sites meeting the criteria of
 1353  this subsection for which a site rehabilitation completion order
 1354  was not issued prior to June 1, 2008, regardless of whether or
 1355  not they have previously transitioned to nonstate-funded cleanup
 1356  status, may continue state-funded cleanup pursuant to s.
 1357  376.30711 until a site rehabilitation completion order is issued
 1358  or the increased site rehabilitation funding assistance limit is
 1359  reached, whichever occurs first. At no time shall expenses
 1360  incurred outside the preapproved site rehabilitation program
 1361  under s. 376.30711 be reimbursable.
 1362         (c) Upon notification by the department that rehabilitation
 1363  funding assistance is available for the site pursuant to
 1364  subsection (5) and s. 376.30711, the owner, operator, or person
 1365  otherwise responsible for site rehabilitation shall provide the
 1366  department with a limited contamination assessment report and
 1367  shall enter into a preapproved Petroleum Cleanup Participation
 1368  Program site rehabilitation agreement with the department
 1369  pursuant to and a contractor qualified under s. 376.30711(2)(b).
 1370  The agreement shall provide for a 25-percent copayment by the
 1371  owner, operator, or person otherwise responsible for conducting
 1372  site rehabilitation. The owner, operator, or person otherwise
 1373  responsible for conducting site rehabilitation shall adequately
 1374  demonstrate the ability to meet the copayment obligation. The
 1375  limited contamination assessment report and the copayment costs
 1376  may be reduced or eliminated if the owner and all operators
 1377  responsible for restoration under s. 376.308 demonstrate that
 1378  they are financially unable to comply with the copayment and
 1379  limited contamination assessment report requirements. The
 1380  department shall take into consideration the owner’s and
 1381  operator’s net worth in making the determination of financial
 1382  ability. In the event the department and the owner, operator, or
 1383  person otherwise responsible for site rehabilitation are unable
 1384  to complete negotiation of the cost-sharing agreement within 120
 1385  days after commencing negotiations, the department shall
 1386  terminate negotiations and the site shall be deemed ineligible
 1387  for state funding under this subsection and all liability
 1388  protections provided for in this subsection shall be revoked.
 1389         (d) No report of a discharge made to the department by any
 1390  person in accordance with this subsection, or any rules adopted
 1391  pursuant hereto, shall be used directly as evidence of liability
 1392  for such discharge in any civil or criminal trial arising out of
 1393  the discharge.
 1394         (e) Nothing in this subsection shall be construed to
 1395  preclude the department from pursuing penalties in accordance
 1396  with s. 403.141 for violations of any law or any rule, order,
 1397  permit, registration, or certification adopted or issued by the
 1398  department pursuant to its lawful authority.
 1399         (f) Upon the filing of a discharge reporting form under
 1400  paragraph (a), neither the department nor any local government
 1401  shall pursue any judicial or enforcement action to compel
 1402  rehabilitation of the discharge. This paragraph shall not
 1403  prevent any such action with respect to discharges determined
 1404  ineligible under this subsection or to sites for which
 1405  rehabilitation funding assistance is available in accordance
 1406  with subsection (5) and s. 376.30711.
 1407         (g) The following shall be excluded from participation in
 1408  the program:
 1409         1. Sites at which the department has been denied reasonable
 1410  site access to implement the provisions of this section.
 1411         2. Sites that were active facilities when owned or operated
 1412  by the Federal Government.
 1413         3. Sites that are identified by the United States
 1414  Environmental Protection Agency to be on, or which qualify for
 1415  listing on, the National Priorities List under Superfund. This
 1416  exception does not apply to those sites for which eligibility
 1417  has been requested or granted as of the effective date of this
 1418  act under the Early Detection Incentive Program established
 1419  pursuant to s. 15, chapter 86-159, Laws of Florida.
 1420         4. The contamination is covered under the Early Detection
 1421  Incentive Program, the Abandoned Tank Restoration Program or the
 1422  Petroleum Liability and Restoration Insurance Program, in which
 1423  case site rehabilitation funding assistance shall continue under
 1424  the respective program.
 1426  department entering into a service contract with the Inland
 1427  Protection Financing Corporation which includes payments by the
 1428  department to support any existing or planned note, bond,
 1429  certificate of indebtedness, or other obligation or evidence of
 1430  indebtedness of the corporation pursuant to s. 376.3075, the
 1431  Legislature, by law, must specifically authorize the department
 1432  to enter into such a contract. The corporation may issue bonds
 1433  in an amount not to exceed $104 million, with a term up to 15
 1434  years, and annual payments not in excess of $10.4 million. The
 1435  department may enter into a service contract in conjunction with
 1436  the issuance of such bonds which provides for annual payments
 1437  for debt service payments or other amounts payable with respect
 1438  to bonds, plus any administrative expenses of the corporation to
 1439  finance the rehabilitation of petroleum contamination sites
 1440  pursuant to ss. 376.30-376.317.
 1441         Section 4. Section 376.30713, Florida Statutes, is amended
 1442  to read:
 1443         376.30713 Advanced Preapproved advanced cleanup.—
 1444         (1) In addition to the legislative findings provided in s.
 1445  376.30711, the Legislature finds and declares:
 1446         (a) That the inability to conduct site rehabilitation in
 1447  advance of a site’s priority ranking pursuant to s.
 1448  376.3071(5)(a) may substantially impede or prohibit property
 1449  transactions or the proper completion of public works projects.
 1450         (b) While the first priority of the state is to provide for
 1451  protection of the water resources of the state, human health,
 1452  and the environment, the viability of commerce is of equal
 1453  importance to the state.
 1454         (c) It is in the public interest and of substantial
 1455  economic benefit to the state to provide an opportunity for site
 1456  rehabilitation to be conducted on a limited basis at
 1457  contaminated sites, in advance of the site’s priority ranking,
 1458  to facilitate property transactions or public works projects.
 1459         (d) It is appropriate for persons responsible for site
 1460  rehabilitation to share the costs associated with managing and
 1461  conducting preapproved advanced cleanup, to facilitate the
 1462  opportunity for preapproved advanced cleanup, and to mitigate
 1463  the additional costs that will be incurred by the state in
 1464  conducting site rehabilitation in advance of the site’s priority
 1465  ranking. Such cost sharing will result in more contaminated
 1466  sites being cleaned up and greater environmental benefits to the
 1467  state. The provisions of this section are shall only be
 1468  available for sites eligible for restoration funding under EDI,
 1469  ATRP, or PLIRP. This section is available for discharges
 1470  eligible for restoration funding under the petroleum cleanup
 1471  participation program for the state’s cost share of site
 1472  rehabilitation. Applications must shall include a cost-sharing
 1473  commitment for this section in addition to the 25-percent
 1474  copayment requirement of the petroleum cleanup participation
 1475  program. This section is not available for any discharge under a
 1476  petroleum cleanup participation program where the 25-percent
 1477  copayment requirement of the petroleum cleanup participation
 1478  program has been reduced or eliminated pursuant to s.
 1479  376.3071(13)(c).
 1480         (2) The department may is authorized to approve an
 1481  application for preapproved advanced cleanup at eligible sites,
 1482  prior to funding based on the site’s priority ranking
 1483  established pursuant to s. 376.3071(5)(a), in accordance with
 1484  the provisions of this section. Persons who qualify as an
 1485  applicant under the provisions of this section shall only
 1486  include the facility owner or operator or the person otherwise
 1487  responsible for site rehabilitation.
 1488         (a) Advanced Preapproved advanced cleanup applications may
 1489  be submitted between May 1 and June 30 and between November 1
 1490  and December 31 of each fiscal year. Applications submitted
 1491  between May 1 and June 30 are shall be for the fiscal year
 1492  beginning July 1. An application must shall consist of:
 1493         1. A commitment to pay no less than 25 percent or more of
 1494  the total cleanup cost deemed recoverable under the provisions
 1495  of this section along with proof of the ability to pay the cost
 1496  share.
 1497         2. A nonrefundable review fee of $250 to cover the
 1498  administrative costs associated with the department’s review of
 1499  the application.
 1500         3. A limited contamination assessment report.
 1501         4. A proposed course of action.
 1503  The limited contamination assessment report is shall be
 1504  sufficient to support the proposed course of action and to
 1505  estimate the cost of the proposed course of action. Any costs
 1506  incurred related to conducting the limited contamination
 1507  assessment report are not refundable from the Inland Protection
 1508  Trust Fund. Site eligibility under this subsection, or any other
 1509  provision of this section, is shall not constitute an
 1510  entitlement to preapproved advanced cleanup or continued
 1511  restoration funding. The applicant must shall certify to the
 1512  department that the applicant has the prerequisite authority to
 1513  enter into a preapproved advanced cleanup contract with the
 1514  department. This certification shall be submitted with the
 1515  application.
 1516         (b) The department must shall rank the applications based
 1517  on the percentage of cost-sharing commitment proposed by the
 1518  applicant, with the highest ranking given to the applicant who
 1519  that proposes the highest percentage of cost sharing. If the
 1520  department receives applications that propose identical cost
 1521  sharing commitments and that which exceed the funds available to
 1522  commit to all such proposals during the preapproved advanced
 1523  cleanup application period, the department must shall proceed to
 1524  rerank those applicants. Those applicants submitting identical
 1525  cost-sharing proposals which exceed funding availability must
 1526  shall be so notified by the department and must shall be offered
 1527  the opportunity to raise their individual cost-share
 1528  commitments, in a period of time specified in the notice. At the
 1529  close of the period, the department must shall proceed to rerank
 1530  the applications in accordance with this paragraph.
 1531         (3)(a) Based on the ranking established under paragraph
 1532  (2)(b) and the funding limitations provided in subsection (4),
 1533  the department must shall commence negotiation with such
 1534  applicants. If the department and the applicant agree on the
 1535  course of action, the department may enter into a contract with
 1536  the applicant. The department may is authorized to negotiate the
 1537  terms and conditions of the contract.
 1538         (b) Advanced Preapproved advanced cleanup must shall be
 1539  conducted under the provisions of ss. 376.3071(5)(b) and
 1540  376.30711 and rules adopted pursuant to s. 376.30711 and s.
 1541  287.0595. If the terms of the preapproved advanced cleanup
 1542  contract are not fulfilled, the applicant forfeits any right to
 1543  future payment for any site rehabilitation work conducted under
 1544  the contract.
 1545         (c) The department’s decision not to enter into a
 1546  preapproved an advanced cleanup contract with the applicant is
 1547  shall not be subject to the provisions of chapter 120. If the
 1548  department cannot is not able to complete negotiation of the
 1549  course of action and the terms of the contract within 60 days
 1550  after commencing negotiations, the department shall terminate
 1551  negotiations with that applicant.
 1552         (4) The department may is authorized to enter into contract
 1553  for a total of up to $10 million of preapproved advanced cleanup
 1554  work in each fiscal year. However, no facility may shall be
 1555  approved preapproved for more than $500,000 of cleanup activity
 1556  in each fiscal year. For the purposes of this section the term
 1557  “facility” includes shall include, but is not be limited to,
 1558  multiple site facilities such as airports, port facilities, and
 1559  terminal facilities even though such enterprises may be treated
 1560  as separate facilities for other purposes under this chapter.
 1561         (5) All funds collected by the department pursuant to this
 1562  section must shall be deposited into the Inland Protection Trust
 1563  Fund to be used as provided in this section.
 1564         Section 5. Section 373.326, Florida Statutes, is amended to
 1565  read:
 1566         373.326 Exemptions.—
 1567         (1) When the water management district finds that
 1568  compliance with all requirements of this part would result in
 1569  undue hardship, an exemption from any one or more such
 1570  requirements may be granted by the water management district to
 1571  the extent necessary to ameliorate such undue hardship and to
 1572  the extent such exemption can be granted without impairing the
 1573  intent and purpose of this part.
 1574         (2) Nothing in this part shall prevent a person who has not
 1575  obtained a license pursuant to s. 373.323 from constructing a
 1576  well that is 2 inches or under in diameter, on the person’s own
 1577  or leased property, intended for use only in a single-family
 1578  house which is his or her residence, or intended for use only
 1579  for farming purposes on the person’s farm, and when the waters
 1580  to be produced are not intended for use by the public or any
 1581  residence other than his or her own, provided that such person
 1582  complies with all local and state rules and regulations relating
 1583  to the construction of water wells.
 1584         (3) A permit or a fee may not be required under this part
 1585  for:
 1586         (a) any well authorized pursuant to ss. 403.061 and 403.087
 1587  under the State Underground Injection Control Program identified
 1588  in chapter 62-528, Florida Administrative Code, as Class I,
 1589  Class II, Class III, Class IV, or Class V Groups 2-9.
 1590         (b)  any monitoring well required pursuant to site
 1591  rehabilitation activities under chapter 376, when such water
 1592  wells are constructed using state funds being expended pursuant
 1593  to ss. 376.3071(4), 376.3078(2)(b), or 376.307(1).
 1594         (c)However, such wells must be constructed by persons who
 1595  have obtained a license pursuant to s. 373.323 as otherwise
 1596  required by law.
 1597         Section 6. This act shall take effect upon becoming law.
 1599  ================= T I T L E  A M E N D M E N T ================
 1600         And the title is amended as follows:
 1601         Delete everything before the enacting clause
 1602  and insert:
 1603                        A bill to be entitled                      
 1604         An act relating to rehabilitation projects for
 1605         petroleum contamination sites; amending 287.0595,
 1606         F.S.; clarifying competitive solicitation
 1607         requirements; amending s. 376.30711, F.S.; providing
 1608         legislative findings; requiring contractors to provide
 1609         certain information; allowing the Department of
 1610         Environmental Protection to recover sums paid in the
 1611         event of overpayment; requiring the department to
 1612         adopt rules; providing specific criteria to be adopted
 1613         by rule; amending 376.3071; conforming language;
 1614         allowing the department to impose a lien on real
 1615         property which the contaminated site is located;
 1616         amending 376.30713; conforming language; amending
 1617         373.326; exempting certain monitoring wells from
 1618         requiring a permit or fee; providing an effective
 1619         date; providing an effective date.