Florida Senate - 2013              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1416
                                Barcode 465356                          
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on General Government)
    1                        A bill to be entitled                      
    2         An act relating to rehabilitation projects for
    3         petroleum contamination sites; amending s. 287.0595,
    4         F.S.; clarifying competitive solicitation
    5         requirements; amending s. 376.30711, F.S.; providing
    6         legislative findings; requiring contractors to provide
    7         certain information; allowing the Department of
    8         Environmental Protection to recover sums paid in the
    9         event of overpayment; requiring the department to
   10         adopt rules; providing specific criteria to be adopted
   11         by rule; amending s. 376.3071, F.S.; conforming
   12         language; allowing the department to impose a lien on
   13         real property which the contaminated site is located;
   14         amending s. 376.30713, F.S.; conforming language;
   15         amending s. 373.326, F.S.; exempting certain
   16         monitoring wells from requiring a permit or fee;
   17         providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Subsection (4) of section 287.0595, Florida
   22  Statutes, is amended to read:
   23         287.0595 Pollution response action contracts; department
   24  rules.—
   25         (4) Competitive solicitation pursuant to this section is
   26  not subject to the requirements of s. 287.055 This section does
   27  not apply to contracts which must be negotiated under s.
   28  287.055.
   29         Section 2. Section 376.30711, Florida Statutes, is amended
   30  to read:
   31         376.30711 Petroleum Preapproved site rehabilitation,
   32  effective March 29, 1995.—
   33         (1)(a) The Legislature finds and declares that the
   34  financial operation of the petroleum contamination site
   35  rehabilitation program must be implemented in an efficient
   36  manner which reduces costs and improves the efficiency of
   37  rehabilitation activities, thereby reducing the significant
   38  backlog of contaminated sites and their corresponding threat to
   39  human health, safety and the environment, as previously
   40  structured, has resulted in site rehabilitation proceeding at a
   41  higher rate than revenues can support and at sites that are not
   42  of the highest priority as established in s. 376.3071(5). This
   43  has resulted in a large backlog of reimbursement applications
   44  and excessive costs to the Inland Protection Trust Fund. It is
   45  the intent of the Legislature that petroleum contaminated sites
   46  be cleaned up efficiently and cost effectively in an open and
   47  competitive manner, contamination site cleanups be conducted on
   48  a preapproved basis with emphasis on addressing first the sites
   49  which pose the greatest threat to human health and the
   50  environment, within the availability of funds in the Inland
   51  Protection Trust Fund, recognizing that source removal, wherever
   52  it is technologically feasible and cost-effective and will
   53  significantly reduce the contamination or eliminate the spread
   54  of contamination, shall be considered to protect public health
   55  and safety, water resources, and the environment.
   56         (b) Site rehabilitation work on sites eligible for state
   57  funded cleanup from the Inland Protection Trust Fund and
   58  pursuant to ss. 376.305(6), 376.3071, 376.3072, and 376.3073, is
   59  shall only be eligible for site rehabilitation funding under
   60  this section. After March 29, 1995, only persons who have
   61  received prior written approval from the department of the scope
   62  of work and costs may continue site rehabilitation work. in the
   63  event of a new release, the facility operator is shall be
   64  required to abate the source of the discharge. If free product
   65  is present, the operator must shall notify the department, which
   66  may direct the removal of the free product as a preapproved
   67  expense pursuant to this section. The department must shall
   68  grant approval to continue site rehabilitation based on this
   69  section and s. 376.3071(5).
   70         (c) The Legislature declares that in order to protect
   71  public resources, to maximize funding available for site
   72  rehabilitation, and to prevent owners and operators of petroleum
   73  storage facilities or tanks and their insurers, indemnitors, and
   74  parties to other contractual arrangements providing funds for
   75  site rehabilitation from receiving a windfall at the expense of
   76  taxpayers, all such private funds available to perform site
   77  rehabilitation for a discharge or condition determined to be
   78  eligible for participation in any petroleum program providing
   79  state funding for site rehabilitation after the effective date
   80  of this act shall be exhausted prior to the expenditure of
   81  public funds for site rehabilitation.
   82         (d) An owner or operator of a facility or storage tank or
   83  other person responsible for site rehabilitation may not receive
   84  both funding from the Inland Protection Trust Fund and
   85  remuneration or compensation for the same site rehabilitation
   86  task from another funding source. Therefore, prior to the
   87  department authorizing the expenditure of any state funds for
   88  site rehabilitation after July 1, 2013, the owner and, if
   89  different, the operator, of every facility or petroleum storage
   90  tank system that is determined to be eligible for site
   91  rehabilitation funding under this section after that date shall
   92  certify to the department that:
   93         1. The certifying party has not received compensation from
   94  any other funding source as remuneration or reimbursement for
   95  site rehabilitation work for the eligible discharge or condition
   96  other than from a state funding program;
   97         2. There is no insurance, indemnity agreement, or other
   98  arrangement, other than a state funding program under this
   99  chapter, which provides coverage for any site rehabilitation
  100  task for the eligible discharge or condition; and
  101         3. The certifying party has made no claims against any
  102  insurance policy, indemnity agreement, or other arrangement for
  103  the cost of site rehabilitation for the eligible discharge or
  104  condition, nor received any remuneration for the cost of site
  105  rehabilitation for the eligible discharge or condition.
  106         (e) If the owner and operator cannot certify as required by
  107  subparagraphs (d)1.-3., the owner and operator shall disclose to
  108  the department the date, amount, and source of all payments
  109  received as remuneration or reimbursement for site
  110  rehabilitation work, including a description of the tasks for
  111  which such remuneration or reimbursement was received, and shall
  112  provide copies of all insurance policies, indemnity agreements,
  113  or other arrangements that provide coverage for all or a portion
  114  of the cost of site rehabilitation, all claims made by the owner
  115  or operator against any insurance policy, indemnity agreement,
  116  or other arrangement for the cost of site rehabilitation, and
  117  all settlements, judgments, and other documents detailing the
  118  basis for the claim and its disposition.
  119         (f) If the owner or operator of a petroleum storage tank
  120  system or facility that is eligible for site rehabilitation or
  121  other person responsible for site rehabilitation becomes aware
  122  of an insurance policy, indemnity agreement, or other
  123  arrangement, makes a claim against any such instrument, or
  124  receives any remuneration or reimbursement for site
  125  rehabilitation for an eligible discharge, the owner or operator
  126  shall immediately notify the department and provide the
  127  information required under paragraph (e), and shall immediately
  128  reimburse the department in an amount equal to the lesser of the
  129  amount of the payment received or the amount expended by the
  130  department for site rehabilitation. If the payment received by
  131  the owner or operator is the result of a settlement of a claim
  132  or multiple claims against an insurer, indemnitor, or other
  133  person, the department or a court may determine how the sums
  134  received should be allocated between site rehabilitation tasks
  135  for which public funds have been expended and other tasks for
  136  which the claim was made.
  137         (g) Upon determining that a discharge or condition is
  138  eligible for state funding, or upon expending funds for
  139  rehabilitation of any site, the department has a right of
  140  subrogation to any insurance policies, indemnity agreements, or
  141  other arrangements providing funds for site rehabilitation in
  142  existence at the time of the release to the extent of any rights
  143  the owner or operator of a facility or petroleum storage tank
  144  may have had under that policy, contract, or arrangement and has
  145  a right of subrogation against any third party who caused or
  146  contributed to the release.
  147         (h) The department may bring an action to compel compliance
  148  with this section, and to recover any sums paid by the
  149  department to the extent the owner or operator or other person
  150  responsible for site rehabilitation has received a double
  151  recovery prohibited by paragraph (d).
  152         (i) Nothing in this section shall affect the department’s
  153  authority to recover payments or overpayments from the Inland
  154  Protection Trust Fund pursuant to existing law.
  155         (2)(a) Competitive bidding pursuant to this section is
  156  shall not be subject to the requirements of s. 287.055. The
  157  department must is authorized to use competitive procurement bid
  158  procedures or negotiated contracts for preapproving all costs
  159  and rehabilitation procedures for site-specific rehabilitation
  160  projects, pursuant to rules adopted under this section, s.
  161  120.54, and s. 287.0595 through performance-based contracts.
  162  Site rehabilitation shall be conducted according to the priority
  163  ranking order established pursuant to s. 376.3071(5).
  164         (b) In addition, the Petroleum Site Rehabilitation rules
  165  shall include, at a minimum:
  166         1. Generally applicable provisions from chapter 287 that do
  167  not conflict with this section or other applicable provisions in
  168  chapter 376.
  169         2. Procedures whereby the department will develop a pool of
  170  qualified contractors through an open and competitive
  171  procurement process to provide site assessment and
  172  rehabilitation services.
  173         3. Coordination with the site or real property owner, at
  174  their option, to develop a site-specific scope of work.
  175         4. The ability for the site or real property owner to
  176  remove from the pool of qualified contractors, prior to the
  177  procurement process, any contractor based on non-performance or
  178  other demonstrable factors, subject to approval by the
  179  department.
  180         5. In order to ensure that the competitive procurement
  181  process is effective and results in quality bids, procedures to
  182  ensure that the pool of qualified contractors are provided with
  183  the necessary site assessment report and other appropriate
  184  information, have the ability to visit the work site and to
  185  conduct other appropriate due diligence, and have questions
  186  answered by the department or site owner as needed.
  187         6. Procedures to improve the effectiveness and efficiency
  188  of the site assessment process for eligible sites.
  189         7. A method to ensure that a contractor conducting site
  190  assessment activities may not submit a competitive bid for site
  191  rehabilitation services unless approved by the department.
  192         8. Procedures to ensure that site rehabilitation is
  193  completed in an efficient and cost effective manner, in
  194  accordance with criteria established in chapter 376 and other
  195  applicable statutes and rules.
  196         9. Reporting deadlines for deliverables and departmental
  197  review and approval deadlines for deliverables.
  198         10. Reporting on the progress of site rehabilitation
  199  completion through a publicly accessible website.
  200         11. In addition to the requirements in paragraph (c),
  201  procedures for the ongoing evaluation of contractor performance
  202  based on criteria commonly used by federal and state agencies as
  203  well as other institutions and businesses engaged in
  204  environmental cleanup activities.
  205         (b) Any contractor performing site rehabilitation program
  206  tasks must demonstrate to the department that:
  207         1. The contractor meets all certification and license
  208  requirements imposed by law.
  209         2. The contractor has obtained approval of its
  210  Comprehensive Quality Assurance Plan prepared under department
  211  rules.
  212         (c) The contractor shall certify to the department that
  213  such contractor:
  214         1. Complies with applicable OSHA regulations.
  215         2. Maintains workers’ compensation insurance for all
  216  employees as required by the Florida Workers’ Compensation Law.
  217         3. Maintains comprehensive general liability and
  218  comprehensive automobile liability insurance with minimum limits
  219  of at least $1 million per occurrence and $1 million annual
  220  aggregate, as shall protect it from claims for damage for
  221  personal injury, including accidental death, as well as claims
  222  for property damage that which may arise from performance of
  223  work under the program, designating the state as an additional
  224  insured party.
  225         4. Maintains professional liability insurance of at least
  226  $1 million per occurrence and $1 million annual aggregate.
  227         5. Has completed and submitted a sworn statement under s.
  228  287.133(3)(a), on public entity crimes.
  229         6. Has the capacity to perform or directly supervise the
  230  majority of the work at a site in accordance with s. 489.113(9).
  231         7. Meets all certification and license requirements imposed
  232  by law.
  233         (3) Any person responsible for site rehabilitation who
  234  received prior approval to conduct site rehabilitation and to
  235  thereafter submit an application for reimbursement, pursuant to
  236  s. 2(3), chapter 95-2, Laws of Florida, may request approval to
  237  conduct site rehabilitation pursuant to this section regardless
  238  of the site score.
  239         (4) Any person responsible for site rehabilitation at a
  240  site with a priority ranking score of 50 points or more who was
  241  performing remedial action activities pursuant to s. 2(2),
  242  chapter 95-2, Laws of Florida, may request approval to complete
  243  site rehabilitation pursuant to this section in order to avoid
  244  disruption in cleanup activities.
  245         (5)(a) Any contractor person who performs services under
  246  the approved contract the conditions of a preapproved site
  247  rehabilitation agreement, pursuant to the provisions of this
  248  section and s. 376.3071(5), may file invoices with the
  249  department for payment within the schedule and for the services
  250  described in the approved contract preapproved site
  251  rehabilitation agreement. The Such invoices for payment must be
  252  submitted to the department on forms provided by the department,
  253  together with evidence documenting that preapproved activities
  254  were conducted or completed in accordance with the approved
  255  contract preapproved authorization. Provided there are
  256  sufficient unencumbered funds available in the Inland Protection
  257  Trust Fund which have been appropriated for expenditure by the
  258  Legislature and provided all of the terms of the approved
  259  contract preapproved site rehabilitation agreement have been
  260  met, invoices for payment must shall be paid consistent with the
  261  provisions of s. 215.422. After a contractor an applicant has
  262  submitted its invoices to the department and before payment is
  263  made, the contractor may assign its right to payment to any
  264  other person, without recourse of the assignee or assignor to
  265  the state, and in such cases the assignee must shall be paid
  266  consistent with the provisions of s. 215.422. Prior notice of
  267  the assignment and assignment information must shall be made to
  268  the department, and must which notice shall be signed and
  269  notarized by the assigning party. The department does shall not
  270  have the authority to regulate private financial transactions by
  271  which an applicant seeks to account for working capital or the
  272  time value of money, unless charges associated with such
  273  transactions are added as a separate charge in an invoice.
  274         (b) The contractor must shall submit an invoice to the
  275  department within 30 days after the date of the department’s
  276  written acceptance of each interim deliverable or written
  277  approval of the final deliverable specified in the approved
  278  contract a preapproved site rehabilitation agreement.
  279         (c) Payments shall be made by The department must make
  280  payments based on the terms of an approved a contract for site
  281  rehabilitation work. The department must may, based on its
  282  experience and the past performance and concerns regarding a
  283  contractor, retain between 5 and 25 up to 25 percent of the
  284  contracted amount or use performance bonds to assure performance
  285  and final acceptance of the project by the department. The
  286  amount of retainage or performance bond or bonds, as well as the
  287  terms and conditions, must shall be a part of the approved site
  288  specific performance-based contract.
  289         (d) Contractors or persons to which the contractor has
  290  assigned its right to payment pursuant to paragraph (a) shall
  291  make prompt payment to subcontractors and suppliers for their
  292  costs associated with an approved contract a preapproved site
  293  rehabilitation agreement pursuant to s. 287.0585(1).
  294         (e) The exemption in s. 287.0585(2) does shall not apply to
  295  payments associated with an approved contract a preapproved site
  296  rehabilitation agreement.
  297         (f) The department shall provide certification within 30
  298  days after notification from a contractor that the terms of the
  299  contract for site rehabilitation work have been completed.
  300  Failure of the department to do so does shall not constitute a
  301  default certification of completion. The department also may
  302  withhold payment if the validity or accuracy of the contractor’s
  303  invoices or supporting documents is in question.
  304         (g) Nothing in This section does not shall be construed to
  305  authorize payment to any person for costs of contaminated soil
  306  treatment or disposal that does not meet the applicable rules of
  307  this state for such treatment or disposal, including all general
  308  permitting, state air emission standards, monitoring, sampling,
  309  and reporting rules more specifically described in department
  310  rules.
  311         (h) If any contractor fails to perform, as determined by
  312  the department, contractual duties for site rehabilitation
  313  program tasks, the department must shall terminate the
  314  contractor’s eligibility for participation in the program.
  315         (i) The contractor responsible for conducting site
  316  rehabilitation must shall keep and preserve suitable records in
  317  accordance with the provisions of s. 376.3071(12)(e).
  318         (6) It is unlawful for a site owner or operator, or his or
  319  her designee, to receive any remuneration, in cash or in kind,
  320  directly or indirectly, from a rehabilitation contractor
  321  performing site cleanup activities pursuant to this section. It
  322  is also unlawful for any contractor or subcontractor to receive
  323  Inland Petroleum Trust Funds in any capacity when that
  324  contractor or subcontractor:
  325         (a) Owns or holds any real property interest in any
  326  percentage of property upon which such funds are being expended
  327  or has any beneficial interest in operations conducted on any
  328  such property;
  329         (b) Is a relative of a person who owns or has a voting
  330  interest in any decisions affecting any percentage of property
  331  upon which such funds are being expended; or
  332         (c) Serves as a partner, director, officer, trustee, or
  333  managing employee of a corporation that owns or has a voting
  334  interest in any decisions affecting any percentage of property
  335  upon which such funds are being expended. All contractors and
  336  subcontractors performing work under this section shall sign an
  337  affidavit affirming that they comply with this provision.
  339  A contractor, subcontractor, real property owner, or responsible
  340  party, or employee or agent of any person or entity listed
  341  herein, who offers, agrees, or contracts to solicit or secure a
  342  contract for petroleum contaminated site assessment or
  343  rehabilitation activities by a violation of any state or federal
  344  law involving fraud, bribery, collusion, conspiracy, or material
  345  misrepresentation with respect to such contracts, upon
  346  conviction in a competent court of this state, commits a third
  347  degree felony, punishable as provided in s. 775.082 or s.
  348  775.083.
  349         (7) On an annual basis, the department shall select one to
  350  five sites eligible for state restoration funding assistance
  351  under this section, each having a low-priority ranking score
  352  pursuant to s. 376.3071(5), for an innovative technology pilot
  353  program. Such sites shall be representative of varying
  354  geographic, geophysical, and petroleum-contaminated conditions.
  355  Utilizing the department’s list of mechanical, chemical, and
  356  biological products and processes which have already been deemed
  357  acceptable from an environmental, regulatory, and safety
  358  standpoint, the department shall select innovative products and
  359  processes, based upon competitive bid procedures per subsection
  360  (2), to be utilized on pilot project sites.
  361         Section 3. Section 376.3071, Florida Statutes, is amended
  362  to read:
  363         376.3071 Inland Protection Trust Fund; creation; purposes;
  364  funding.—
  365         (1) FINDINGS.—In addition to the legislative findings set
  366  forth in s. 376.30, the Legislature finds and declares:
  367         (a) That significant quantities of petroleum and petroleum
  368  products are being stored in storage systems in this state,
  369  which is a hazardous undertaking.
  370         (b) That spills, leaks, and other discharges from such
  371  storage systems have occurred, are occurring, and will continue
  372  to occur and that such discharges pose a significant threat to
  373  the quality of the groundwaters and inland surface waters of
  374  this state.
  375         (c) That, where contamination of the ground or surface
  376  water has occurred, remedial measures have often been delayed
  377  for long periods while determinations as to liability and the
  378  extent of liability are made and that such delays result in the
  379  continuation and intensification of the threat to the public
  380  health, safety, and welfare; in greater damage to the
  381  environment; and in significantly higher costs to contain and
  382  remove the contamination.
  383         (d) That adequate financial resources must be readily
  384  available to provide for the expeditious supply of safe and
  385  reliable alternative sources of potable water to affected
  386  persons and to provide a means for investigation and cleanup of
  387  contamination sites without delay.
  388         (e) That it is necessary to fulfill the intent and purposes
  389  of ss. 376.30-376.317, and further it is hereby determined to be
  390  in the best interest of, and necessary for the protection of the
  391  public health, safety, and general welfare of the residents of
  392  this state, and therefore a paramount public purpose, to provide
  393  for the creation of a nonprofit public benefit corporation as an
  394  instrumentality of the state to assist in financing the
  395  functions provided in ss. 376.30-376.317 and to authorize the
  396  department to enter into one or more service contracts with such
  397  corporation for the provision of financing services related to
  398  such functions and to make payments thereunder from the amount
  399  on deposit in the Inland Protection Trust Fund, subject to
  400  annual appropriation by the Legislature.
  401         (f) That to achieve the purposes established in paragraph
  402  (e) and in order to facilitate the expeditious handling and
  403  rehabilitation of contamination sites and remedial measures with
  404  respect to contamination sites provided hereby without delay, it
  405  is in the best interests of the residents of this state to
  406  authorize such corporation to issue evidences of indebtedness
  407  payable from amounts paid by the department under any such
  408  service contract entered into between the department and such
  409  corporation.
  410         (2) INTENT AND PURPOSE.—
  411         (a) It is the intent of the Legislature to establish the
  412  Inland Protection Trust Fund to serve as a repository for funds
  413  which will enable the department to respond without delay to
  414  incidents of inland contamination related to the storage of
  415  petroleum and petroleum products in order to protect the public
  416  health, safety, and welfare and to minimize environmental
  417  damage.
  418         (b) It is the intent of the Legislature that the department
  419  implement rules and procedures to improve the efficiency of the
  420  Petroleum Restoration Program. The department is directed to
  421  implement rules and policies to eliminate and reduce duplication
  422  of site rehabilitation efforts, paperwork, and documentation,
  423  and micromanagement of site rehabilitation tasks.
  424         (c) The department is directed to adopt and implement
  425  uniform and standardized forms for the requests for preapproval
  426  site rehabilitation work and for the submittal of reports to
  427  ensure that information is submitted to the department in a
  428  concise, standardized uniform format seeking only information
  429  that is necessary.
  430         (d) The department is directed to implement computerized
  431  and electronic filing capabilities of preapproval requests and
  432  submittal of reports in order to expedite submittal of the
  433  information and elimination of delay in paperwork. The
  434  computerized, electronic filing system shall be implemented no
  435  later than January 1, 1997.
  436         (e) The department is directed to adopt uniform scopes of
  437  work with templated labor and equipment costs to provide
  438  definitive guidance as to the type of work and authorized
  439  expenditures that will be allowed for preapproved site
  440  rehabilitation tasks.
  441         (e)(f) The department is directed to establish guidelines
  442  for consideration and acceptance of new and innovative
  443  technologies for site rehabilitation work.
  444         (3) CREATION.—There is hereby created the Inland Protection
  445  Trust Fund, hereinafter referred to as the “fund,” to be
  446  administered by the department. This fund shall be used by the
  447  department as a nonlapsing revolving fund for carrying out the
  448  purposes of this section and s. 376.3073. To this fund shall be
  449  credited all penalties, judgments, recoveries, reimbursements,
  450  loans, and other fees and charges related to the implementation
  451  of this section and s. 376.3073 and the excise tax revenues
  452  levied, collected, and credited pursuant to ss. 206.9935(3) and
  453  206.9945(1)(c). Charges against the fund shall be made in
  454  accordance with the provisions of this section.
  455         (4) USES.—Whenever, in its determination, incidents of
  456  inland contamination related to the storage of petroleum or
  457  petroleum products may pose a threat to the environment or the
  458  public health, safety, or welfare, the department shall obligate
  459  moneys available in the fund to provide for:
  460         (a) Prompt investigation and assessment of contamination
  461  sites.
  462         (b) Expeditious restoration or replacement of potable water
  463  supplies as provided in s. 376.30(3)(c)1.
  464         (c) Rehabilitation of contamination sites, which shall
  465  consist of cleanup of affected soil, groundwater, and inland
  466  surface waters, using the most cost-effective alternative that
  467  is technologically feasible and reliable and that provides
  468  adequate protection of the public health, safety, and welfare
  469  and minimizes environmental damage, in accordance with the site
  470  selection and cleanup criteria established by the department
  471  under subsection (5), except that nothing herein shall be
  472  construed to authorize the department to obligate funds for
  473  payment of costs which may be associated with, but are not
  474  integral to, site rehabilitation, such as the cost for
  475  retrofitting or replacing petroleum storage systems.
  476         (d) Maintenance and monitoring of contamination sites.
  477         (e) Inspection and supervision of activities described in
  478  this subsection.
  479         (f) Payment of expenses incurred by the department in its
  480  efforts to obtain from responsible parties the payment or
  481  recovery of reasonable costs resulting from the activities
  482  described in this subsection.
  483         (g) Payment of any other reasonable costs of
  484  administration, including those administrative costs incurred by
  485  the Department of Health in providing field and laboratory
  486  services, toxicological risk assessment, and other assistance to
  487  the department in the investigation of drinking water
  488  contamination complaints and costs associated with public
  489  information and education activities.
  490         (h) Establishment and implementation of the compliance
  491  verification program as authorized in s. 376.303(1)(a),
  492  including contracting with local governments or state agencies
  493  to provide for the administration of such program through
  494  locally administered programs, to minimize the potential for
  495  further contamination sites.
  496         (i) Funding of the provisions of ss. 376.305(6) and
  497  376.3072.
  498         (j) Activities related to removal and replacement of
  499  petroleum storage systems, exclusive of costs of any tank,
  500  piping, dispensing unit, or related hardware, if soil removal is
  501  preapproved as a component of site rehabilitation and requires
  502  removal of the tank where remediation is conducted under s.
  503  376.30711 or if such activities were justified in an approved
  504  remedial action plan performed pursuant to subsection (12).
  505         (k) Activities related to reimbursement application
  506  preparation and activities related to reimbursement application
  507  examination by a certified public accountant pursuant to
  508  subsection (12).
  509         (l) Reasonable costs of restoring property as nearly as
  510  practicable to the conditions which existed prior to activities
  511  associated with contamination assessment or remedial action
  512  taken under s. 376.303(4).
  513         (m) Repayment of loans to the fund.
  514         (n) Expenditure of sums from the fund to cover ineligible
  515  sites or costs as set forth in subsection (13), if the
  516  department in its discretion deems it necessary to do so. In
  517  such cases, the department may seek recovery and reimbursement
  518  of costs in the same manner and in accordance with the same
  519  procedures as are established for recovery and reimbursement of
  520  sums otherwise owed to or expended from the fund.
  521         (o) Payment of amounts payable under any service contract
  522  entered into by the department pursuant to s. 376.3075, subject
  523  to annual appropriation by the Legislature.
  524         (p) Petroleum remediation pursuant to s. 376.30711
  525  throughout a state fiscal year. The department shall establish a
  526  process to uniformly encumber appropriated funds throughout a
  527  state fiscal year and shall allow for emergencies and imminent
  528  threats to human health and the environment as provided in
  529  paragraph (5)(a). This paragraph does not apply to
  530  appropriations associated with the free product recovery
  531  initiative of paragraph (5)(c) or the preapproved advanced
  532  cleanup program of s. 376.30713.
  533         (q) Enforcement of this section and ss. 376.30-376.317 by
  534  the Fish and Wildlife Conservation Commission. The department
  535  shall disburse moneys to the commission for such purpose.
  537  The Inland Protection Trust Fund may only be used to fund the
  538  activities in ss. 376.30-376.317 except ss. 376.3078 and
  539  376.3079. Amounts on deposit in the Inland Protection Trust Fund
  540  in each fiscal year shall first be applied or allocated for the
  541  payment of amounts payable by the department pursuant to
  542  paragraph (o) under a service contract entered into by the
  543  department pursuant to s. 376.3075 and appropriated in each year
  544  by the Legislature prior to making or providing for other
  545  disbursements from the fund. Nothing in this subsection shall
  546  authorize the use of the Inland Protection Trust Fund for
  547  cleanup of contamination caused primarily by a discharge of
  548  solvents as defined in s. 206.9925(6), or polychlorinated
  549  biphenyls when their presence causes them to be hazardous
  550  wastes, except solvent contamination which is the result of
  551  chemical or physical breakdown of petroleum products and is
  552  otherwise eligible. Facilities used primarily for the storage of
  553  motor or diesel fuels as defined in ss. 206.01 and 206.86 shall
  554  be presumed not to be excluded from eligibility pursuant to this
  555  section.
  557         (a) The department shall adopt rules to establish
  558  priorities based upon a scoring system for state-conducted
  559  cleanup at petroleum contamination sites based upon factors that
  560  include, but need not be limited to:
  561         1. The degree to which human health, safety, or welfare may
  562  be affected by exposure to the contamination;
  563         2. The size of the population or area affected by the
  564  contamination;
  565         3. The present and future uses of the affected aquifer or
  566  surface waters, with particular consideration as to the
  567  probability that the contamination is substantially affecting,
  568  or will migrate to and substantially affect, a known public or
  569  private source of potable water; and
  570         4. The effect of the contamination on the environment.
  572  Moneys in the fund shall then be obligated for activities
  573  described in paragraphs (4)(a)-(e) at individual sites in
  574  accordance with such established criteria. However, nothing in
  575  this paragraph shall be construed to restrict the department
  576  from modifying the priority status of a rehabilitation site
  577  where conditions warrant, taking into consideration the actual
  578  distance between the contamination site and groundwater or
  579  surface water receptors or other factors that affect the risk of
  580  exposure to petroleum products’ chemicals of concern. The
  581  department may use the effective date of a department final
  582  order granting eligibility pursuant to subsections (9) and (13)
  583  and ss. 376.305(6) and 376.3072 to establish a prioritization
  584  system within a particular priority scoring range.
  585         (b) It is the intent of the Legislature to protect the
  586  health of all people under actual circumstances of exposure. The
  587  secretary shall establish criteria by rule for the purpose of
  588  determining, on a site-specific basis, the rehabilitation
  589  program tasks that comprise a site rehabilitation program and
  590  the level at which a rehabilitation program task and a site
  591  rehabilitation program may be deemed completed. In establishing
  592  the rule, the department shall incorporate, to the maximum
  593  extent feasible, risk-based corrective action principles to
  594  achieve protection of human health and safety and the
  595  environment in a cost-effective manner as provided in this
  596  subsection. Criteria for determining what constitutes a
  597  rehabilitation program task or completion of site rehabilitation
  598  program tasks and site rehabilitation programs shall be based
  599  upon the factors set forth in paragraph (a) and the following
  600  additional factors:
  601         1. The current exposure and potential risk of exposure to
  602  humans and the environment including multiple pathways of
  603  exposure.
  604         2. The appropriate point of compliance with cleanup target
  605  levels for petroleum products’ chemicals of concern. The point
  606  of compliance shall be at the source of the petroleum
  607  contamination. However, the department is authorized to
  608  temporarily move the point of compliance to the boundary of the
  609  property, or to the edge of the plume when the plume is within
  610  the property boundary, while cleanup, including cleanup through
  611  natural attenuation processes in conjunction with appropriate
  612  monitoring, is proceeding. The department also is authorized,
  613  pursuant to criteria provided for in this paragraph, to
  614  temporarily extend the point of compliance beyond the property
  615  boundary with appropriate monitoring, if such extension is
  616  needed to facilitate natural attenuation or to address the
  617  current conditions of the plume, provided human health, public
  618  safety, and the environment are adequately protected. Temporary
  619  extension of the point of compliance beyond the property
  620  boundary, as provided in this subparagraph, shall include notice
  621  to local governments and owners of any property into which the
  622  point of compliance is allowed to extend.
  623         3. The appropriate site-specific cleanup goal. The site
  624  specific cleanup goal shall be that all petroleum contamination
  625  sites ultimately achieve the applicable cleanup target levels
  626  provided in this paragraph. However, the department is
  627  authorized to allow concentrations of the petroleum products’
  628  chemicals of concern to temporarily exceed the applicable
  629  cleanup target levels while cleanup, including cleanup through
  630  natural attenuation processes in conjunction with appropriate
  631  monitoring, is proceeding, provided human health, public safety,
  632  and the environment are adequately protected.
  633         4. The appropriateness of using institutional or
  634  engineering controls. Site rehabilitation programs may include
  635  the use of institutional or engineering controls to eliminate
  636  the potential exposure to petroleum products’ chemicals of
  637  concern to humans or the environment. Use of such controls must
  638  be preapproved by the department, and institutional controls
  639  shall not be acquired with funds from the Inland Protection
  640  Trust Fund. When institutional or engineering controls are
  641  implemented to control exposure, the removal of such controls
  642  must have prior department approval and must be accompanied
  643  immediately by the resumption of active cleanup, or other
  644  approved controls, unless cleanup target levels pursuant to this
  645  paragraph have been achieved.
  646         5. The additive effects of the petroleum products’
  647  chemicals of concern. The synergistic effects of petroleum
  648  products’ chemicals of concern shall also be considered when the
  649  scientific data becomes available.
  650         6. Individual site characteristics which shall include, but
  651  not be limited to, the current and projected use of the affected
  652  groundwater in the vicinity of the site, current and projected
  653  land uses of the area affected by the contamination, the exposed
  654  population, the degree and extent of contamination, the rate of
  655  contaminant migration, the apparent or potential rate of
  656  contaminant degradation through natural attenuation processes,
  657  the location of the plume, and the potential for further
  658  migration in relation to site property boundaries.
  659         7. Applicable state water quality standards.
  660         a. Cleanup target levels for petroleum products’ chemicals
  661  of concern found in groundwater shall be the applicable state
  662  water quality standards. Where such standards do not exist, the
  663  cleanup target levels for groundwater shall be based on the
  664  minimum criteria specified in department rule. The department
  665  shall consider the following, as appropriate, in establishing
  666  the applicable minimum criteria: calculations using a lifetime
  667  cancer risk level of 1.0E-6; a hazard index of 1 or less; the
  668  best achievable detection limit; the naturally occurring
  669  background concentration; or nuisance, organoleptic, and
  670  aesthetic considerations.
  671         b. Where surface waters are exposed to petroleum
  672  contaminated groundwater, the cleanup target levels for the
  673  petroleum products’ chemicals of concern shall be based on the
  674  surface water standards as established by department rule. The
  675  point of measuring compliance with the surface water standards
  676  shall be in the groundwater immediately adjacent to the surface
  677  water body.
  678         8. Whether deviation from state water quality standards or
  679  from established criteria is appropriate. The department may
  680  issue a “No Further Action Order” based upon the degree to which
  681  the desired cleanup target level is achievable and can be
  682  reasonably and cost-effectively implemented within available
  683  technologies or engineering and institutional control
  684  strategies. Where a state water quality standard is applicable,
  685  a deviation may not result in the application of cleanup target
  686  levels more stringent than said standard. In determining whether
  687  it is appropriate to establish alternate cleanup target levels
  688  at a site, the department may consider the effectiveness of
  689  source removal that has been completed at the site and the
  690  practical likelihood of: the use of low yield or poor quality
  691  groundwater; the use of groundwater near marine surface water
  692  bodies; the current and projected use of the affected
  693  groundwater in the vicinity of the site; or the use of
  694  groundwater in the immediate vicinity of the storage tank area,
  695  where it has been demonstrated that the groundwater
  696  contamination is not migrating away from such localized source;
  697  provided human health, public safety, and the environment are
  698  adequately protected.
  699         9. Appropriate cleanup target levels for soils.
  700         a. In establishing soil cleanup target levels for human
  701  exposure to petroleum products’ chemicals of concern found in
  702  soils from the land surface to 2 feet below land surface, the
  703  department shall consider the following, as appropriate:
  704  calculations using a lifetime cancer risk level of 1.0E-6; a
  705  hazard index of 1 or less; the best achievable detection limit;
  706  or the naturally occurring background concentration.
  707         b. Leachability-based soil target levels shall be based on
  708  protection of the groundwater cleanup target levels or the
  709  alternate cleanup target levels for groundwater established
  710  pursuant to this paragraph, as appropriate. Source removal and
  711  other cost-effective alternatives that are technologically
  712  feasible shall be considered in achieving the leachability soil
  713  target levels established by the department. The leachability
  714  goals shall not be applicable if the department determines,
  715  based upon individual site characteristics, that petroleum
  716  products’ chemicals of concern will not leach into the
  717  groundwater at levels which pose a threat to human health and
  718  safety or the environment.
  720  However, nothing in this paragraph shall be construed to
  721  restrict the department from temporarily postponing completion
  722  of any site rehabilitation program for which funds are being
  723  expended whenever such postponement is deemed necessary in order
  724  to make funds available for rehabilitation of a contamination
  725  site with a higher priority status.
  726         (c) The department shall require source removal, if
  727  warranted and cost-effective, at each site eligible for
  728  restoration funding from the Inland Protection Trust Fund.
  729         1. Funding for free product recovery may be provided in
  730  advance of the order established by the priority ranking system
  731  under paragraph (a) for site cleanup activities. However, a
  732  separate prioritization for free product recovery shall be
  733  established consistent with paragraph (a). No more than $5
  734  million shall be encumbered from the Inland Protection Trust
  735  Fund in any fiscal year for free product recovery conducted in
  736  advance of the priority order under paragraph (a) established
  737  for site cleanup activities.
  738         2. Once free product removal and other source removal
  739  identified in this paragraph are completed at a site, and
  740  notwithstanding the order established by the priority ranking
  741  system under paragraph (a) for site cleanup activities, the
  742  department may reevaluate the site to determine the degree of
  743  active cleanup needed to continue site rehabilitation. Further,
  744  the department shall determine if the reevaluated site qualifies
  745  for natural attenuation monitoring, long-term natural
  746  attenuation monitoring, or no further action. If additional site
  747  rehabilitation is necessary to reach no further action status,
  748  the site rehabilitation shall be conducted in the order
  749  established by the priority ranking system under paragraph (a).
  750  The department shall utilize natural attenuation monitoring
  751  strategies and, when cost-effective, transition sites eligible
  752  for restoration funding assistance to long-term natural
  753  attenuation monitoring where the plume is shrinking or stable
  754  and confined to the source property boundaries and the petroleum
  755  products’ chemicals of concern meet the natural attenuation
  756  default concentrations, as defined by department rule. If the
  757  plume migrates beyond the source property boundaries, natural
  758  attenuation monitoring may be conducted in accordance with
  759  department rule, or if the site no longer qualifies for natural
  760  attenuation monitoring, active remediation may be resumed. For
  761  long-term natural attenuation monitoring, if the petroleum
  762  products’ chemicals of concern increase or are not significantly
  763  reduced after 42 months of monitoring or at the discretion of
  764  the department, or if the plume migrates beyond the property
  765  boundaries, active remediation shall be resumed as necessary.
  766  For sites undergoing active remediation, the department shall
  767  evaluate template the cost of natural attenuation monitoring
  768  pursuant to s. 376.30711 to ensure that site mobilizations are
  769  performed in a cost-effective manner. Sites that are not
  770  eligible for state restoration funding may transition to long
  771  term natural attenuation monitoring using the criteria in this
  772  subparagraph. Nothing in this subparagraph precludes a site from
  773  pursuing a “No Further Action” order with conditions.
  774         3. The department shall evaluate whether higher natural
  775  attenuation default concentrations for natural attenuation
  776  monitoring or long-term natural attenuation monitoring are cost
  777  effective and would adequately protect public health and the
  778  environment. The department shall also evaluate site-specific
  779  characteristics that would allow for higher natural attenuation
  780  or long-term natural attenuation concentration levels.
  781         4. A local government may not deny a building permit based
  782  solely on the presence of petroleum contamination for any
  783  construction, repairs, or renovations performed in conjunction
  784  with tank upgrade activities to an existing retail fuel facility
  785  if the facility was fully operational before the building permit
  786  was requested and if the construction, repair, or renovation is
  787  performed by a licensed contractor. All building permits and any
  788  construction, repairs, or renovations performed in conjunction
  789  with such permits must comply with the applicable provisions of
  790  chapters 489 and 553.
  791         (6) FUNDING.—The Inland Protection Trust Fund shall be
  792  funded as follows:
  793         (a) All excise taxes levied, collected, and credited to the
  794  fund in accordance with the provisions of ss. 206.9935(3) and
  795  206.9945(1)(c).
  796         (b) All penalties, judgments, recoveries, reimbursements,
  797  and other fees and charges credited to the fund in accordance
  798  with the provisions of subsection (3).
  800         (a) Except as provided in subsection (9) and as otherwise
  801  provided by law, the department shall recover to the use of the
  802  fund from a person or persons at any time causing or having
  803  caused the discharge or from the Federal Government, jointly and
  804  severally, all sums owed or expended from the fund, pursuant to
  805  s. 376.308, except that the department may decline to pursue
  806  such recovery if it finds the amount involved too small or the
  807  likelihood of recovery too uncertain. Sums recovered as a result
  808  of damage due to a discharge related to the storage of petroleum
  809  or petroleum products or other similar disaster shall be
  810  apportioned between the fund and the General Revenue Fund so as
  811  to repay the full costs to the General Revenue Fund of any sums
  812  disbursed therefrom as a result of such disaster. Any request
  813  for reimbursement to the fund for such costs, if not paid within
  814  30 days of demand, shall be turned over to the department for
  815  collection.
  816         (b) Except as provided in subsection (9) and as otherwise
  817  provided by law, it is the duty of the department in
  818  administering the fund diligently to pursue the reimbursement to
  819  the fund of any sum expended from the fund for cleanup and
  820  abatement in accordance with the provisions of this section or
  821  s. 376.3073, unless the department finds the amount involved too
  822  small or the likelihood of recovery too uncertain. For the
  823  purposes of s. 95.11, the limitation period within which to
  824  institute an action to recover such sums shall commence on the
  825  last date on which any such sums were expended, and not the date
  826  that the discharge occurred.
  827         (c) If the department initiates an enforcement action to
  828  clean up a contaminated site and determines that the responsible
  829  party is financially unable to undertake complete restoration of
  830  the contaminated site, that the current property owner was not
  831  responsible for the discharge when the contamination first
  832  occurred, or that the state’s interest can best be served by
  833  conducting cleanup, the department may enter into an agreement
  834  with the responsible party or property owner whereby the
  835  department agrees to conduct site rehabilitation and the
  836  responsible party or property owner agrees to pay for the
  837  portion of the cleanup costs that are within such party’s or
  838  owner’s financial capabilities as determined by the department,
  839  taking into consideration the party’s net worth and the economic
  840  impact on the party.
  841         (d) The department may impose a lien on the real property
  842  on which the contaminated site is located equal to the estimated
  843  cost to bring the site into compliance, including attorney fees
  844  and court costs. Any owner whose property has such a lien
  845  imposed may release her or his property from any lien claimed
  846  under this subsection by filing with the clerk of the circuit
  847  court a cash or surety bond, payable to the department in the
  848  amount of the estimated cost of bringing the site into
  849  compliance with department rules, including attorney fees and
  850  court costs, or the value of the property after the abatement
  851  action is complete, whichever is less. A lien provided by this
  852  subsection may not continue for a period longer than 4 years
  853  after the abatement action is completed, unless within that
  854  period an action to enforce the lien is commenced in a court of
  855  competent jurisdiction. The department may take action to
  856  enforce the lien in the same manner used for construction liens
  857  under part I of chapter 713.
  858         (8) INVESTMENTS; INTEREST.—Moneys in the fund which are not
  859  needed currently to meet the obligations of the department in
  860  the exercise of its responsibilities under this section and s.
  861  376.3073 shall be deposited with the Chief Financial Officer to
  862  the credit of the fund and may be invested in such manner as is
  863  provided for by statute. The interest received on such
  864  investment shall be credited to the fund. Any provisions of law
  865  to the contrary notwithstanding, such interest may be freely
  866  transferred between this trust fund and the Water Quality
  867  Assurance Trust Fund, in the discretion of the department.
  868         (9) EARLY DETECTION INCENTIVE PROGRAM.—To encourage early
  869  detection, reporting, and cleanup of contamination from leaking
  870  petroleum storage systems, the department shall, within the
  871  guidelines established in this subsection, conduct an incentive
  872  program which shall provide for a 30-month grace period ending
  873  on December 31, 1988. Pursuant thereto:
  874         (a) The department shall establish reasonable requirements
  875  for the written reporting of petroleum contamination incidents
  876  and shall distribute forms to registrants under s. 376.303(1)(b)
  877  and to other interested parties upon request to be used for such
  878  purpose. Until such forms are available for distribution, the
  879  department shall take reports of such incidents, however made,
  880  but shall notify any person making such a report that a complete
  881  written report of the incident will be required by the
  882  department at a later time, the form for which will be provided
  883  by the department.
  884         (b) When reporting forms become available for distribution,
  885  all sites involving incidents of contamination from petroleum
  886  storage systems initially reported to the department at any time
  887  from midnight on June 30, 1986, to midnight on December 31,
  888  1988, shall be qualified sites, provided that such a complete
  889  written report is filed with respect thereto within a reasonable
  890  time. Subject to the delays which may occur as a result of the
  891  prioritization of sites under paragraph (5)(a) for any qualified
  892  site, costs for activities described in paragraphs (4)(a)-(e)
  893  shall be absorbed at the expense of the fund, without recourse
  894  to reimbursement or recovery, with the following exceptions:
  895         1. The provisions of this subsection shall not apply to any
  896  site where the department has been denied site access to
  897  implement the provisions of this section.
  898         2. The provisions of this subsection shall not be construed
  899  to authorize or require reimbursement from the fund for costs
  900  expended prior to the beginning of the grace period, except as
  901  provided in subsection (12).
  902         3.a. Upon discovery by the department that the owner or
  903  operator of a petroleum storage system has been grossly
  904  negligent in the maintenance of such petroleum storage system;
  905  has, with willful intent to conceal the existence of a serious
  906  discharge, falsified inventory or reconciliation records
  907  maintained with respect to the site at which such system is
  908  located; or has intentionally damaged such petroleum storage
  909  system, the site at which such system is located shall be
  910  ineligible for participation in the incentive program and the
  911  owner shall be liable for all costs due to discharges from
  912  petroleum storage systems at that site, any other provisions of
  913  chapter 86-159, Laws of Florida, to the contrary
  914  notwithstanding. For the purposes of this paragraph, willful
  915  failure to maintain inventory and reconciliation records,
  916  willful failure to make monthly monitoring system checks where
  917  such systems are in place, and failure to meet monitoring and
  918  retrofitting requirements within the schedules established under
  919  chapter 62-761, Florida Administrative Code, or violation of
  920  similar rules adopted by the department under this chapter,
  921  shall be construed to be gross negligence in the maintenance of
  922  a petroleum storage system.
  923         b. The department shall redetermine the eligibility of
  924  petroleum storage systems for which a timely EDI application was
  925  filed, but which were deemed ineligible by the department, under
  926  the following conditions:
  927         (I) The owner or operator, on or before March 31, 1991,
  928  shall submit, in writing, notification that the storage system
  929  is now in compliance with department rules adopted pursuant to
  930  s. 376.303, and which requests the department to reevaluate the
  931  storage system eligibility; and
  932         (II) The department verifies the storage system compliance
  933  based on a compliance inspection.
  935  Provided, however, that a site may be determined eligible by the
  936  department for good cause shown, including, but not limited to,
  937  demonstration by the owner or operator that to achieve
  938  compliance would cause an increase in the potential for the
  939  spread of the contamination.
  940         c. Redetermination of eligibility pursuant to sub
  941  subparagraph b. shall not be available to:
  942         (I) Petroleum storage systems owned or operated by the
  943  Federal Government.
  944         (II) Facilities that denied site access to the department.
  945         (III) Facilities where a discharge was intentionally
  946  concealed.
  947         (IV) Facilities that were denied eligibility due to:
  948         (A) Absence of contamination, unless any such facility
  949  subsequently establishes that contamination did exist at that
  950  facility on or before December 31, 1988.
  951         (B) Contamination from substances that were not petroleum
  952  or a petroleum product.
  953         (C) Contamination that was not from a petroleum storage
  954  system.
  955         d. EDI applicants who demonstrate compliance for a site
  956  pursuant to sub-subparagraph b. are eligible for the Early
  957  Detection Incentive Program and site rehabilitation funding
  958  pursuant to subsection (5) and s. 376.30711.
  960  If, in order to avoid prolonged delay, the department in its
  961  discretion deems it necessary to expend sums from the fund to
  962  cover ineligible sites or costs as set forth in this paragraph,
  963  the department may do so and seek recovery and reimbursement
  964  therefor in the same manner and in accordance with the same
  965  procedures as are established for recovery and reimbursement of
  966  sums otherwise owed to or expended from the fund.
  967         (c) No report of a discharge made to the department by any
  968  person in accordance with this subsection, or any rules
  969  promulgated pursuant hereto, shall be used directly as evidence
  970  of liability for such discharge in any civil or criminal trial
  971  arising out of the discharge.
  972         (d) The provisions of this subsection shall not apply to
  973  petroleum storage systems owned or operated by the Federal
  974  Government.
  975         (10) VIOLATIONS; PENALTY.—It is unlawful for any person to:
  976         (a) Falsify inventory or reconciliation records maintained
  977  in compliance with chapters 62-761 and 62-762, Florida
  978  Administrative Code, with willful intent to conceal the
  979  existence of a serious leak; or
  980         (b) Intentionally damage a petroleum storage system.
  982  Any person convicted of such a violation shall be guilty of a
  983  felony of the third degree, punishable as provided in s.
  984  775.082, s. 775.083, or s. 775.084.
  985         (11) SITE CLEANUP.—
  986         (a) Voluntary cleanup.—This section does not prohibit a
  987  person from conducting site rehabilitation either through his or
  988  her own personnel or through responsible response action
  989  contractors or subcontractors when such person is not seeking
  990  site rehabilitation funding from the fund. Such voluntary
  991  cleanups must meet all applicable environmental standards.
  992         (b) Low-scored site initiative.—Notwithstanding s.
  993  376.30711, any site with a priority ranking score of 29 points
  994  or less may voluntarily participate in the low-scored site
  995  initiative, whether or not the site is eligible for state
  996  restoration funding.
  997         1. To participate in the low-scored site initiative, the
  998  responsible party or property owner must affirmatively
  999  demonstrate that the following conditions are met:
 1000         a. Upon reassessment pursuant to department rule, the site
 1001  retains a priority ranking score of 29 points or less.
 1002         b. No excessively contaminated soil, as defined by
 1003  department rule, exists onsite as a result of a release of
 1004  petroleum products.
 1005         c. A minimum of 6 months of groundwater monitoring
 1006  indicates that the plume is shrinking or stable.
 1007         d. The release of petroleum products at the site does not
 1008  adversely affect adjacent surface waters, including their
 1009  effects on human health and the environment.
 1010         e. The area of groundwater containing the petroleum
 1011  products’ chemicals of concern is less than one-quarter acre and
 1012  is confined to the source property boundaries of the real
 1013  property on which the discharge originated.
 1014         f. Soils onsite that are subject to human exposure found
 1015  between land surface and 2 feet below land surface meet the soil
 1016  cleanup target levels established by department rule or human
 1017  exposure is limited by appropriate institutional or engineering
 1018  controls.
 1019         2. Upon affirmative demonstration of the conditions under
 1020  subparagraph 1., the department shall issue a determination of
 1021  “No Further Action.” Such determination acknowledges that
 1022  minimal contamination exists onsite and that such contamination
 1023  is not a threat to human health or the environment. If no
 1024  contamination is detected, the department may issue a site
 1025  rehabilitation completion order.
 1026         3. Sites that are eligible for state restoration funding
 1027  may receive payment of preapproved costs for the low-scored site
 1028  initiative as follows:
 1029         a. A responsible party or property owner may submit an
 1030  assessment plan designed to affirmatively demonstrate that the
 1031  site meets the conditions under subparagraph 1. Notwithstanding
 1032  the priority ranking score of the site, the department may
 1033  approve preapprove the cost of the assessment pursuant to s.
 1034  376.30711, including 6 months of groundwater monitoring, not to
 1035  exceed $30,000 for each site. The department may not pay the
 1036  costs associated with the establishment of institutional or
 1037  engineering controls.
 1038         b. The assessment work shall be completed no later than 6
 1039  months after the department issues its approval.
 1040         c. No more than $10 million for the low-scored site
 1041  initiative may be encumbered from the Inland Protection Trust
 1042  Fund in any fiscal year. Funds shall be made available on a
 1043  first-come, first-served basis and shall be limited to 10 sites
 1044  in each fiscal year for each responsible party or property
 1045  owner.
 1046         d. Program deductibles, copayments, and the limited
 1047  contamination assessment report requirements under paragraph
 1048  (13)(c) do not apply to expenditures under this paragraph.
 1049         (12) REIMBURSEMENT FOR CLEANUP EXPENSES.—Except as provided
 1050  in s. 2(3), chapter 95-2, Laws of Florida, this subsection shall
 1051  not apply to any site rehabilitation program task initiated
 1052  after March 29, 1995. Effective August 1, 1996, no further site
 1053  rehabilitation work on sites eligible for state-funded cleanup
 1054  from the Inland Protection Trust Fund shall be eligible for
 1055  reimbursement pursuant to this subsection. The person
 1056  responsible for conducting site rehabilitation may seek
 1057  reimbursement for site rehabilitation program task work
 1058  conducted after March 28, 1995, in accordance with s. 2(2) and
 1059  (3), chapter 95-2, Laws of Florida, regardless of whether the
 1060  site rehabilitation program task is completed. A site
 1061  rehabilitation program task shall be considered to be initiated
 1062  when actual onsite work or engineering design, pursuant to
 1063  chapter 62-770, Florida Administrative Code, which is integral
 1064  to performing a site rehabilitation program task has begun and
 1065  shall not include contract negotiation and execution, site
 1066  research, or project planning. All reimbursement applications
 1067  pursuant to this subsection must be submitted to the department
 1068  by January 3, 1997. The department shall not accept any
 1069  applications for reimbursement or pay any claims on applications
 1070  for reimbursement received after that date; provided, however if
 1071  an application filed on or prior to January 3, 1997, was
 1072  returned by the department on the grounds of untimely filing, it
 1073  shall be refiled within 30 days after the effective date of this
 1074  act in order to be processed.
 1075         (a) Legislative findings.—The Legislature finds and
 1076  declares that rehabilitation of contamination sites should be
 1077  conducted in a manner and to a level of completion which will
 1078  protect the public health, safety, and welfare and will minimize
 1079  damage to the environment.
 1080         (b) Conditions.—
 1081         1. The owner, operator, or his or her designee of a site
 1082  which is eligible for restoration funding assistance in the EDI,
 1083  PLRIP, or ATRP programs shall be reimbursed from the Inland
 1084  Protection Trust Fund of allowable costs at reasonable rates
 1085  incurred on or after January 1, 1985, for completed program
 1086  tasks as identified in the department rule promulgated pursuant
 1087  to paragraph (5)(b), or uncompleted program tasks pursuant to
 1088  chapter 95-2, Laws of Florida, subject to the conditions in this
 1089  section. It is unlawful for a site owner or operator, or his or
 1090  her designee, to receive any remuneration, in cash or in kind,
 1091  directly or indirectly from the rehabilitation contractor.
 1092         2. Nothing in this subsection shall be construed to
 1093  authorize reimbursement to any person for costs of contaminated
 1094  soil treatment or disposal that does not meet the applicable
 1095  rules of this state for such treatment or disposal, including
 1096  all general permitting, state air emission standards,
 1097  monitoring, sampling, and reporting rules more specifically
 1098  described in department rules.
 1099         (c) Legislative intent.—Due to the value of the potable
 1100  water of this state, it is the intent of the Legislature that
 1101  the department initiate and facilitate as many cleanups as
 1102  possible utilizing the resources of the state, local
 1103  governments, and the private sector, recognizing that source
 1104  removal, wherever it is technologically feasible and cost
 1105  effective, shall be considered the primary initial response to
 1106  protect public health, safety, and the environment.
 1107         (d) Amount of reimbursement.—The department shall reimburse
 1108  actual and reasonable costs for site rehabilitation. The
 1109  department shall not reimburse interest on the amount of
 1110  reimbursable costs for any reimbursement application. However,
 1111  nothing herein shall affect the department’s authority to pay
 1112  interest authorized under prior law.
 1113         (e) Records.—The person responsible for conducting site
 1114  rehabilitation, or his or her agent, shall keep and preserve
 1115  suitable records as follows:
 1116         1. Hydrological and other site investigations and
 1117  assessments; site rehabilitation plans; contracts and contract
 1118  negotiations; and accounts, invoices, sales tickets, or other
 1119  payment records from purchases, sales, leases, or other
 1120  transactions involving costs actually incurred related to site
 1121  rehabilitation. Such records shall be made available upon
 1122  request to agents and employees of the department during regular
 1123  business hours and at other times upon written request of the
 1124  department.
 1125         2. In addition, the department may from time to time
 1126  request submission of such site-specific information as it may
 1127  require, unless a waiver or variance from such department
 1128  request is granted pursuant to paragraph (k).
 1129         3. All records of costs actually incurred for cleanup shall
 1130  be certified by affidavit to the department as being true and
 1131  correct.
 1132         (f) Application for reimbursement.—Any eligible person who
 1133  performs a site rehabilitation program or performs site
 1134  rehabilitation program tasks such as preparation of site
 1135  rehabilitation plans or assessments; product recovery; cleanup
 1136  of groundwater or inland surface water; soil treatment or
 1137  removal; or any other tasks identified by department rule
 1138  developed pursuant to subsection (5), may apply for
 1139  reimbursement. Such applications for reimbursement must be
 1140  submitted to the department on forms provided by the department,
 1141  together with evidence documenting that site rehabilitation
 1142  program tasks were conducted or completed in accordance with
 1143  department rule developed pursuant to subsection (5), and other
 1144  such records or information as the department requires. The
 1145  reimbursement application and supporting documentation shall be
 1146  examined by a certified public accountant in accordance with
 1147  standards established by the American Institute of Certified
 1148  Public Accountants. A copy of the accountant’s report shall be
 1149  submitted with the reimbursement application. Applications for
 1150  reimbursement shall not be approved for site rehabilitation
 1151  program tasks which have not been completed, except for the task
 1152  of remedial action and except for uncompleted program tasks
 1153  pursuant to chapter 95-2, Laws of Florida, and this subsection.
 1154  Applications for remedial action may be submitted semiannually
 1155  at the discretion of the person responsible for cleanup. After
 1156  an applicant has filed an application with the department and
 1157  before payment is made, the applicant may assign the right to
 1158  payment to any other person, without recourse of the assignee or
 1159  assignor to the state, without affecting the order in which
 1160  payment is made. Information necessary to process the
 1161  application shall be requested from and provided by the
 1162  assigning applicant. Proper notice of the assignment and
 1163  assignment information shall be made to the department which
 1164  notice shall be signed and notarized by the assigning applicant.
 1165         (g) Review.—
 1166         1. Provided there are sufficient unencumbered funds
 1167  available in the Inland Protection Trust Fund, or to the extent
 1168  proceeds of debt obligations are available for the payment of
 1169  existing reimbursement obligations pursuant to s. 376.3075, the
 1170  department shall have 60 days to determine if the applicant has
 1171  provided sufficient information for processing the application
 1172  and shall request submission of any additional information that
 1173  the department may require within such 60-day period. If the
 1174  applicant believes any request for additional information is not
 1175  authorized, the applicant may request a hearing pursuant to ss.
 1176  120.569 and 120.57. Once the department requests additional
 1177  information, the department may request only that information
 1178  needed to clarify such additional information or to answer new
 1179  questions raised by or directly related to such additional
 1180  information.
 1181         2. The department shall deny or approve the application for
 1182  reimbursement within 90 days after receipt of the last item of
 1183  timely requested additional material, or, if no additional
 1184  material is requested, within 90 days of the close of the 60-day
 1185  period described in subparagraph 1., unless the total review
 1186  period is otherwise extended by written mutual agreement of the
 1187  applicant and the department.
 1188         3. Final disposition of an application shall be provided to
 1189  the applicant in writing, accompanied by a written explanation
 1190  setting forth in detail the reason or reasons for the approval
 1191  or denial. If the department fails to make a determination on an
 1192  application within the time provided in subparagraph 2., or
 1193  denies an application, or if a dispute otherwise arises with
 1194  regard to reimbursement, the applicant may request a hearing
 1195  pursuant to ss. 120.569 and 120.57.
 1196         (h) Reimbursement.—Upon approval of an application for
 1197  reimbursement, reimbursement for reasonable expenditures of a
 1198  site rehabilitation program or site rehabilitation program tasks
 1199  documented therein shall be made in the order in which the
 1200  department receives completed applications. Effective January 1,
 1201  1997, all unpaid reimbursement applications are subject to
 1202  payment on the following terms: The department shall develop a
 1203  schedule of the anticipated dates of reimbursement of
 1204  applications submitted to the department pursuant to this
 1205  subsection. The schedule shall specify the projected date of
 1206  payment based on equal monthly payments and projected annual
 1207  revenue of $100 million. Based on the schedule, the department
 1208  shall notify all reimbursement applicants of the projected date
 1209  of payment of their applications. The department shall direct
 1210  the Inland Protection Financing Corporation to pay applicants
 1211  the present value of their applications as soon as practicable
 1212  after approval by the department, subject to the availability of
 1213  funds within the Inland Protection Financing Corporation. The
 1214  present value of an application shall be based on the date on
 1215  which the department anticipates the Inland Protection Financing
 1216  Corporation will settle the reimbursement application and the
 1217  schedule’s projected date of payment and shall use 3.5 percent
 1218  as the annual discount rate. The determination of the amount of
 1219  the claim and the projected date of payment shall be subject to
 1220  s. 120.57.
 1221         (i) Liberal construction.—With respect to site
 1222  rehabilitation initiated prior to July 1, 1986, the provisions
 1223  of this subsection shall be given such liberal construction by
 1224  the department as will accomplish the purposes set forth in this
 1225  subsection. With regard to the keeping of particular records or
 1226  the giving of certain notice, the department may accept as
 1227  compliance action by a person which meets the intent of the
 1228  requirements set forth in this subsection.
 1229         (j) Reimbursement-review contracts.—The department may
 1230  contract with entities capable of processing or assisting in the
 1231  review of reimbursement applications. Any purchase of such
 1232  services shall not be subject to chapter 287.
 1233         (k) Audits.—
 1234         1. The department is authorized to perform financial and
 1235  technical audits in order to certify site restoration costs and
 1236  ensure compliance with this chapter. The department shall seek
 1237  recovery of any overpayments based on the findings of these
 1238  audits. The department must commence any audit within 5 years
 1239  after the date of reimbursement, except in cases where the
 1240  department alleges specific facts indicating fraud.
 1241         2. Upon determination by the department that any portion of
 1242  costs which have been reimbursed are disallowed, the department
 1243  shall give written notice to the applicant setting forth with
 1244  specificity the allegations of fact which justify the
 1245  department’s proposed action and ordering repayment of
 1246  disallowed costs within 60 days of notification of the
 1247  applicant.
 1248         3. In the event the applicant does not make payment to the
 1249  department within 60 days of receipt of such notice, the
 1250  department shall seek recovery in a court of competent
 1251  jurisdiction to recover reimbursement overpayments made to the
 1252  person responsible for conducting site rehabilitation, unless
 1253  the department finds the amount involved too small or the
 1254  likelihood of recovery too uncertain.
 1255         4. In addition to the amount of any overpayment, the
 1256  applicant shall be liable to the department for interest of 1
 1257  percent per month or the prime rate, whichever is less, on the
 1258  amount of overpayment, from the date of overpayment by the
 1259  department until the applicant satisfies the department’s
 1260  request for repayment pursuant to this paragraph. The
 1261  calculation of interest shall be tolled during the pendency of
 1262  any litigation.
 1263         5. Financial and technical audits frequently are conducted
 1264  under this section many years after the site rehabilitation
 1265  activities were performed and the costs examined in the course
 1266  of the audit were incurred by the person responsible for site
 1267  rehabilitation. During the intervening span of years, the
 1268  department’s rule requirements and its related guidance and
 1269  other nonrule policy directives may have changed significantly.
 1270  The Legislature finds that it may be appropriate for the
 1271  department to provide relief to persons subject to such
 1272  requirements in financial and technical audits conducted
 1273  pursuant to this section.
 1274         a. The department is authorized to grant variances and
 1275  waivers from the documentation requirements of subparagraph
 1276  (e)2. and from the requirements of rules applicable in technical
 1277  and financial audits conducted under this section. Variances and
 1278  waivers shall be granted when the person responsible for site
 1279  rehabilitation demonstrates to the department that application
 1280  of a financial or technical auditing requirement would create a
 1281  substantial hardship or would violate principles of fairness.
 1282  For purposes of this subsection, “substantial hardship” means a
 1283  demonstrated economic, technological, legal, or other type of
 1284  hardship to the person requesting the variance or waiver. For
 1285  purposes of this subsection, “principles of fairness” are
 1286  violated when the application of a requirement affects a
 1287  particular person in a manner significantly different from the
 1288  way it affects other similarly situated persons who are affected
 1289  by the requirement or when the requirement is being applied
 1290  retroactively without due notice to the affected parties.
 1291         b. A person whose reimbursed costs are subject to a
 1292  financial and technical audit under this section may file a
 1293  written request to the department for grant of a variance or
 1294  waiver. The request shall specify:
 1295         (I) The requirement from which a variance or waiver is
 1296  requested.
 1297         (II) The type of action requested.
 1298         (III) The specific facts which would justify a waiver or
 1299  variance.
 1300         (IV) The reason or reasons why the requested variance or
 1301  waiver would serve the purposes of this section.
 1302         c. Within 90 days after receipt of a written request for
 1303  variance or waiver under this subsection, the department shall
 1304  grant or deny the request. If the request is not granted or
 1305  denied within 90 days of receipt, the request shall be deemed
 1306  approved. An order granting or denying the request shall be in
 1307  writing and shall contain a statement of the relevant facts and
 1308  reasons supporting the department’s action. The department’s
 1309  decision to grant or deny the petition shall be supported by
 1310  competent substantial evidence and is subject to ss. 120.569 and
 1311  120.57. Once adopted, model rules promulgated by the
 1312  Administration Commission under s. 120.542 shall govern the
 1313  processing of requests under this provision.
 1314         6. The Chief Financial Officer may audit the records of
 1315  persons who receive or who have received payments pursuant to
 1316  this chapter in order to verify site restoration costs, ensure
 1317  compliance with this chapter, and verify the accuracy and
 1318  completeness of audits performed by the department pursuant to
 1319  this paragraph. The Chief Financial Officer may contract with
 1320  entities or persons to perform audits pursuant to this
 1321  subparagraph. The Chief Financial Officer shall commence any
 1322  audit within 1 year after the department’s completion of an
 1323  audit conducted pursuant to this paragraph, except in cases
 1324  where the department or the Chief Financial Officer alleges
 1325  specific facts indicating fraud.
 1327  detection, reporting, and cleanup of contamination caused by
 1328  discharges of petroleum or petroleum products, the department
 1329  shall, within the guidelines established in this subsection,
 1330  implement a cost-sharing cleanup program to provide
 1331  rehabilitation funding assistance for all property contaminated
 1332  by discharges of petroleum or petroleum products occurring
 1333  before January 1, 1995, subject to a copayment provided for in a
 1334  Petroleum Cleanup Participation Program preapproved site
 1335  rehabilitation agreement. Eligibility shall be subject to an
 1336  annual appropriation from the Inland Protection Trust Fund.
 1337  Additionally, funding for eligible sites shall be contingent
 1338  upon annual appropriation in subsequent years. Such continued
 1339  state funding shall not be deemed an entitlement or a vested
 1340  right under this subsection. Eligibility in the program shall be
 1341  notwithstanding any other provision of law, consent order,
 1342  order, judgment, or ordinance to the contrary.
 1343         (a)1. The department shall accept any discharge reporting
 1344  form received prior to January 1, 1995, as an application for
 1345  this program, and the facility owner or operator need not
 1346  reapply.
 1347         2. Owners or operators of property contaminated by
 1348  petroleum or petroleum products from a petroleum storage system
 1349  may apply for such program by filing a written report of the
 1350  contamination incident, including evidence that such incident
 1351  occurred prior to January 1, 1995, with the department.
 1352  Incidents of petroleum contamination discovered after December
 1353  31, 1994, at sites which have not stored petroleum or petroleum
 1354  products for consumption, use, or sale after such date shall be
 1355  presumed to have occurred prior to January 1, 1995. An
 1356  operator’s filed report shall be deemed an application of the
 1357  owner for all purposes. Sites reported to the department after
 1358  December 31, 1998, shall not be eligible for this program.
 1359         (b) Subject to annual appropriation from the Inland
 1360  Protection Trust Fund, sites meeting the criteria of this
 1361  subsection are eligible for up to $400,000 of site
 1362  rehabilitation funding assistance in priority order pursuant to
 1363  subsection (5) and s. 376.30711. Sites meeting the criteria of
 1364  this subsection for which a site rehabilitation completion order
 1365  was issued prior to June 1, 2008, do not qualify for the 2008
 1366  increase in site rehabilitation funding assistance and are bound
 1367  by the pre-June 1, 2008, limits. Sites meeting the criteria of
 1368  this subsection for which a site rehabilitation completion order
 1369  was not issued prior to June 1, 2008, regardless of whether or
 1370  not they have previously transitioned to nonstate-funded cleanup
 1371  status, may continue state-funded cleanup pursuant to s.
 1372  376.30711 until a site rehabilitation completion order is issued
 1373  or the increased site rehabilitation funding assistance limit is
 1374  reached, whichever occurs first. At no time shall expenses
 1375  incurred outside the preapproved site rehabilitation program
 1376  under s. 376.30711 be reimbursable.
 1377         (c) Upon notification by the department that rehabilitation
 1378  funding assistance is available for the site pursuant to
 1379  subsection (5) and s. 376.30711, the owner, operator, or person
 1380  otherwise responsible for site rehabilitation shall provide the
 1381  department with a limited contamination assessment report and
 1382  shall enter into a Petroleum Cleanup Participation Program
 1383  preapproved site rehabilitation agreement with the department
 1384  pursuant to and a contractor qualified under s. 376.30711(2)(b).
 1385  The agreement shall provide for a 25-percent copayment by the
 1386  owner, operator, or person otherwise responsible for conducting
 1387  site rehabilitation. The owner, operator, or person otherwise
 1388  responsible for conducting site rehabilitation shall adequately
 1389  demonstrate the ability to meet the copayment obligation. The
 1390  limited contamination assessment report and the copayment costs
 1391  may be reduced or eliminated if the owner and all operators
 1392  responsible for restoration under s. 376.308 demonstrate that
 1393  they are financially unable to comply with the copayment and
 1394  limited contamination assessment report requirements. The
 1395  department shall take into consideration the owner’s and
 1396  operator’s net worth in making the determination of financial
 1397  ability. In the event the department and the owner, operator, or
 1398  person otherwise responsible for site rehabilitation are unable
 1399  to complete negotiation of the cost-sharing agreement within 120
 1400  days after commencing negotiations, the department shall
 1401  terminate negotiations and the site shall be deemed ineligible
 1402  for state funding under this subsection and all liability
 1403  protections provided for in this subsection shall be revoked.
 1404         (d) No report of a discharge made to the department by any
 1405  person in accordance with this subsection, or any rules adopted
 1406  pursuant hereto, shall be used directly as evidence of liability
 1407  for such discharge in any civil or criminal trial arising out of
 1408  the discharge.
 1409         (e) Nothing in this subsection shall be construed to
 1410  preclude the department from pursuing penalties in accordance
 1411  with s. 403.141 for violations of any law or any rule, order,
 1412  permit, registration, or certification adopted or issued by the
 1413  department pursuant to its lawful authority.
 1414         (f) Upon the filing of a discharge reporting form under
 1415  paragraph (a), neither the department nor any local government
 1416  shall pursue any judicial or enforcement action to compel
 1417  rehabilitation of the discharge. This paragraph shall not
 1418  prevent any such action with respect to discharges determined
 1419  ineligible under this subsection or to sites for which
 1420  rehabilitation funding assistance is available in accordance
 1421  with subsection (5) and s. 376.30711.
 1422         (g) The following shall be excluded from participation in
 1423  the program:
 1424         1. Sites at which the department has been denied reasonable
 1425  site access to implement the provisions of this section.
 1426         2. Sites that were active facilities when owned or operated
 1427  by the Federal Government.
 1428         3. Sites that are identified by the United States
 1429  Environmental Protection Agency to be on, or which qualify for
 1430  listing on, the National Priorities List under Superfund. This
 1431  exception does not apply to those sites for which eligibility
 1432  has been requested or granted as of the effective date of this
 1433  act under the Early Detection Incentive Program established
 1434  pursuant to s. 15, chapter 86-159, Laws of Florida.
 1435         4. The contamination is covered under the Early Detection
 1436  Incentive Program, the Abandoned Tank Restoration Program or the
 1437  Petroleum Liability and Restoration Insurance Program, in which
 1438  case site rehabilitation funding assistance shall continue under
 1439  the respective program.
 1441  department entering into a service contract with the Inland
 1442  Protection Financing Corporation which includes payments by the
 1443  department to support any existing or planned note, bond,
 1444  certificate of indebtedness, or other obligation or evidence of
 1445  indebtedness of the corporation pursuant to s. 376.3075, the
 1446  Legislature, by law, must specifically authorize the department
 1447  to enter into such a contract. The corporation may issue bonds
 1448  in an amount not to exceed $104 million, with a term up to 15
 1449  years, and annual payments not in excess of $10.4 million. The
 1450  department may enter into a service contract in conjunction with
 1451  the issuance of such bonds which provides for annual payments
 1452  for debt service payments or other amounts payable with respect
 1453  to bonds, plus any administrative expenses of the corporation to
 1454  finance the rehabilitation of petroleum contamination sites
 1455  pursuant to ss. 376.30-376.317.
 1456         Section 4. Section 376.30713, Florida Statutes, is amended
 1457  to read:
 1458         376.30713 Advanced Preapproved advanced cleanup.—
 1459         (1) In addition to the legislative findings provided in s.
 1460  376.30711, the Legislature finds and declares:
 1461         (a) That the inability to conduct site rehabilitation in
 1462  advance of a site’s priority ranking pursuant to s.
 1463  376.3071(5)(a) may substantially impede or prohibit property
 1464  transactions or the proper completion of public works projects.
 1465         (b) While the first priority of the state is to provide for
 1466  protection of the water resources of the state, human health,
 1467  and the environment, the viability of commerce is of equal
 1468  importance to the state.
 1469         (c) It is in the public interest and of substantial
 1470  economic benefit to the state to provide an opportunity for site
 1471  rehabilitation to be conducted on a limited basis at
 1472  contaminated sites, in advance of the site’s priority ranking,
 1473  to facilitate property transactions or public works projects.
 1474         (d) It is appropriate for persons responsible for site
 1475  rehabilitation to share the costs associated with managing and
 1476  conducting preapproved advanced cleanup, to facilitate the
 1477  opportunity for preapproved advanced cleanup, and to mitigate
 1478  the additional costs that will be incurred by the state in
 1479  conducting site rehabilitation in advance of the site’s priority
 1480  ranking. Such cost sharing will result in more contaminated
 1481  sites being cleaned up and greater environmental benefits to the
 1482  state. The provisions of this section are shall only be
 1483  available for sites eligible for restoration funding under EDI,
 1484  ATRP, or PLIRP. This section is available for discharges
 1485  eligible for restoration funding under the petroleum cleanup
 1486  participation program for the state’s cost share of site
 1487  rehabilitation. Applications must shall include a cost-sharing
 1488  commitment for this section in addition to the 25-percent
 1489  copayment requirement of the petroleum cleanup participation
 1490  program. This section is not available for any discharge under a
 1491  petroleum cleanup participation program where the 25-percent
 1492  copayment requirement of the petroleum cleanup participation
 1493  program has been reduced or eliminated pursuant to s.
 1494  376.3071(13)(c).
 1495         (2) The department may is authorized to approve an
 1496  application for preapproved advanced cleanup at eligible sites,
 1497  prior to funding based on the site’s priority ranking
 1498  established pursuant to s. 376.3071(5)(a), in accordance with
 1499  the provisions of this section. Persons who qualify as an
 1500  applicant under the provisions of this section shall only
 1501  include the facility owner or operator or the person otherwise
 1502  responsible for site rehabilitation.
 1503         (a) Advanced Preapproved advanced cleanup applications may
 1504  be submitted between May 1 and June 30 and between November 1
 1505  and December 31 of each fiscal year. Applications submitted
 1506  between May 1 and June 30 are shall be for the fiscal year
 1507  beginning July 1. An application must shall consist of:
 1508         1. A commitment to pay no less than 25 percent or more of
 1509  the total cleanup cost deemed recoverable under the provisions
 1510  of this section along with proof of the ability to pay the cost
 1511  share.
 1512         2. A nonrefundable review fee of $250 to cover the
 1513  administrative costs associated with the department’s review of
 1514  the application.
 1515         3. A limited contamination assessment report.
 1516         4. A proposed course of action.
 1518  The limited contamination assessment report is shall be
 1519  sufficient to support the proposed course of action and to
 1520  estimate the cost of the proposed course of action. Any costs
 1521  incurred related to conducting the limited contamination
 1522  assessment report are not refundable from the Inland Protection
 1523  Trust Fund. Site eligibility under this subsection, or any other
 1524  provision of this section, is shall not constitute an
 1525  entitlement to preapproved advanced cleanup or continued
 1526  restoration funding. The applicant must shall certify to the
 1527  department that the applicant has the prerequisite authority to
 1528  enter into a preapproved advanced cleanup contract with the
 1529  department. This certification shall be submitted with the
 1530  application.
 1531         (b) The department must shall rank the applications based
 1532  on the percentage of cost-sharing commitment proposed by the
 1533  applicant, with the highest ranking given to the applicant who
 1534  that proposes the highest percentage of cost sharing. If the
 1535  department receives applications that propose identical cost
 1536  sharing commitments and that which exceed the funds available to
 1537  commit to all such proposals during the preapproved advanced
 1538  cleanup application period, the department must shall proceed to
 1539  rerank those applicants. Those applicants submitting identical
 1540  cost-sharing proposals which exceed funding availability must
 1541  shall be so notified by the department and must shall be offered
 1542  the opportunity to raise their individual cost-share
 1543  commitments, in a period of time specified in the notice. At the
 1544  close of the period, the department must shall proceed to rerank
 1545  the applications in accordance with this paragraph.
 1546         (3)(a) Based on the ranking established under paragraph
 1547  (2)(b) and the funding limitations provided in subsection (4),
 1548  the department must shall commence negotiation with such
 1549  applicants. If the department and the applicant agree on the
 1550  course of action, the department may enter into a contract with
 1551  the applicant. The department may is authorized to negotiate the
 1552  terms and conditions of the contract.
 1553         (b) Advanced Preapproved advanced cleanup must shall be
 1554  conducted under the provisions of ss. 376.3071(5)(b) and
 1555  376.30711 and rules adopted pursuant to ss. 376.30711 and
 1556  287.0595. If the terms of the preapproved advanced cleanup
 1557  contract are not fulfilled, the applicant forfeits any right to
 1558  future payment for any site rehabilitation work conducted under
 1559  the contract.
 1560         (c) The department’s decision not to enter into an a
 1561  preapproved advanced cleanup contract with the applicant is
 1562  shall not be subject to the provisions of chapter 120. If the
 1563  department cannot is not able to complete negotiation of the
 1564  course of action and the terms of the contract within 60 days
 1565  after commencing negotiations, the department shall terminate
 1566  negotiations with that applicant.
 1567         (4) The department may is authorized to enter into contract
 1568  for a total of up to $10 million of preapproved advanced cleanup
 1569  work in each fiscal year. However, no facility may shall be
 1570  approved preapproved for more than $500,000 of cleanup activity
 1571  in each fiscal year. For the purposes of this section the term
 1572  “facility” includes shall include, but is not be limited to,
 1573  multiple site facilities such as airports, port facilities, and
 1574  terminal facilities even though such enterprises may be treated
 1575  as separate facilities for other purposes under this chapter.
 1576         (5) All funds collected by the department pursuant to this
 1577  section must shall be deposited into the Inland Protection Trust
 1578  Fund to be used as provided in this section.
 1579         Section 5. Section 373.326, Florida Statutes, is amended to
 1580  read:
 1581         373.326 Exemptions.—
 1582         (1) When the water management district finds that
 1583  compliance with all requirements of this part would result in
 1584  undue hardship, an exemption from any one or more such
 1585  requirements may be granted by the water management district to
 1586  the extent necessary to ameliorate such undue hardship and to
 1587  the extent such exemption can be granted without impairing the
 1588  intent and purpose of this part.
 1589         (2) Nothing in this part shall prevent a person who has not
 1590  obtained a license pursuant to s. 373.323 from constructing a
 1591  well that is 2 inches or under in diameter, on the person’s own
 1592  or leased property, intended for use only in a single-family
 1593  house which is his or her residence, or intended for use only
 1594  for farming purposes on the person’s farm, and when the waters
 1595  to be produced are not intended for use by the public or any
 1596  residence other than his or her own, provided that such person
 1597  complies with all local and state rules and regulations relating
 1598  to the construction of water wells.
 1599         (3)(a) A permit or a fee may not be required under this
 1600  part for:
 1601         1. Any well authorized pursuant to ss. 403.061 and 403.087
 1602  under the State Underground Injection Control Program identified
 1603  in chapter 62-528, Florida Administrative Code, as Class I,
 1604  Class II, Class III, Class IV, or Class V Groups 2-9.
 1605         2.Any monitoring well required pursuant to site
 1606  rehabilitation activities under chapter 376, when such water
 1607  wells are constructed using state funds being expended pursuant
 1608  to s. 376.3071(4), s. 376.3078(2)(b), or s. 376.307(1).
 1609         (b) However, a well described in paragraph (a) such wells
 1610  must be constructed by persons who have obtained a license
 1611  pursuant to s. 373.323 as otherwise required by law.
 1612         Section 6. This act shall take effect upon becoming law.