Florida Senate - 2014                                    SB 1582
       By Senator Dean
       5-00511A-14                                           20141582__
    1                        A bill to be entitled                      
    2         An act relating to rehabilitation of petroleum
    3         contamination sites; amending s. 376.3071, F.S.;
    4         revising legislative findings and intent regarding the
    5         Petroleum Restoration Program and the rehabilitation
    6         of contamination sites; providing requirements for
    7         site rehabilitation contracts and procedures for
    8         payment of rehabilitation work under the Petroleum
    9         Restoration Program; limiting eligibility for funding
   10         under the Early Detection Incentive Program; deleting
   11         obsolete provisions relating to reimbursement for
   12         certain cleanup expenses; repealing s. 376.30711,
   13         F.S., relating to preapproved site rehabilitation;
   14         amending ss. 376.301, 376.302, 376.305, 376.30713,
   15         376.30714, 376.3072, 376.3073, and 376.3075, F.S.;
   16         conforming provisions to changes made by the act;
   17         providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Section 376.3071, Florida Statutes, is amended
   22  to read:
   23         376.3071 Inland Protection Trust Fund; creation; purposes;
   24  funding.—
   25         (1) FINDINGS.—In addition to the legislative findings set
   26  forth in s. 376.30, the Legislature finds and declares:
   27         (a) That significant quantities of petroleum and petroleum
   28  products are being stored in storage systems in this state,
   29  which is a hazardous undertaking.
   30         (b) That spills, leaks, and other discharges from such
   31  storage systems have occurred, are occurring, and will continue
   32  to occur and that such discharges pose a significant threat to
   33  the quality of the groundwaters and inland surface waters of
   34  this state.
   35         (c) That, where contamination of the ground or surface
   36  water has occurred, remedial measures have often been delayed
   37  for long periods while determinations as to liability and the
   38  extent of liability are made and that such delays result in the
   39  continuation and intensification of the threat to the public
   40  health, safety, and welfare; in greater damage to water
   41  resources and the environment; and in significantly higher costs
   42  to contain and remove the contamination.
   43         (d) That adequate financial resources must be readily
   44  available to provide for the expeditious supply of safe and
   45  reliable alternative sources of potable water to affected
   46  persons and to provide a means for investigation and cleanup of
   47  contamination sites without delay.
   48         (e) That it is necessary to fulfill the intent and purposes
   49  of ss. 376.30-376.317, and further it is hereby determined to be
   50  in the best interest of, and necessary for the protection of the
   51  public health, safety, and general welfare of the residents of
   52  this state, and therefore a paramount public purpose, to provide
   53  for the creation of a nonprofit public benefit corporation as an
   54  instrumentality of the state to assist in financing the
   55  functions provided in ss. 376.30-376.317 and to authorize the
   56  department to enter into one or more service contracts with such
   57  corporation for the purpose provision of financing services
   58  related to such functions and to make payments thereunder from
   59  the amount on deposit in the Inland Protection Trust Fund,
   60  subject to annual appropriation by the Legislature.
   61         (f) That to achieve the purposes established in paragraph
   62  (e) and in order to facilitate the expeditious handling and
   63  rehabilitation of contamination sites and remedial measures with
   64  respect to contamination sites provided hereby without delay, it
   65  is in the best interests of the residents of this state to
   66  authorize such corporation to issue evidences of indebtedness
   67  payable from amounts paid by the department under any such
   68  service contract entered into between the department and such
   69  corporation.
   70         (g) That the Petroleum Restoration Program must be
   71  implemented in a manner that reduces costs and improves the
   72  efficiency of rehabilitation activities to reduce the
   73  significant backlog of contaminated sites eligible for state
   74  funded rehabilitation and the corresponding threat to water
   75  resources, the environment, and the public health, safety, and
   76  welfare.
   77         (2) INTENT AND PURPOSE.—
   78         (a) It is the intent of the Legislature to establish the
   79  Inland Protection Trust Fund to serve as a repository for funds
   80  which will enable the department to respond without delay to
   81  incidents of inland contamination related to the storage of
   82  petroleum and petroleum products in order to protect the public
   83  health, safety, and welfare and to minimize environmental
   84  damage.
   85         (b) It is the intent of the Legislature that the department
   86  implement rules and procedures to improve the efficiency of the
   87  Petroleum Restoration Program. The department is directed to
   88  implement rules and policies to eliminate and reduce duplication
   89  of site rehabilitation efforts, paperwork, and documentation,
   90  and micromanagement of site rehabilitation tasks.
   91         (c) It is the intent of the Legislature that rehabilitation
   92  of contamination sites be conducted with emphasis on first
   93  addressing the sites that pose the greatest threat to water
   94  resources, the environment, and the public health, safety, and
   95  welfare, within the availability of funds in the Inland
   96  Protection Trust Fund, recognizing that source removal, wherever
   97  it is technologically feasible and cost-effective, significantly
   98  reduces contamination or eliminates the spread of contamination
   99  and protects water resources, the environment, and the public
  100  health, safety, and welfare.
  101         (d)(c) The department is directed to adopt and implement
  102  uniform and standardized forms for the requests for preapproval
  103  site rehabilitation work and for the submittal of reports to
  104  ensure that information is submitted to the department in a
  105  concise, standardized uniform format seeking only information
  106  that is necessary.
  107         (e)(d) The department is directed to implement computerized
  108  and electronic filing capabilities of preapproval requests and
  109  submittal of reports in order to expedite submittal of the
  110  information and elimination of delay in paperwork. The
  111  computerized, electronic filing system shall be implemented no
  112  later than January 1, 1997.
  113         (e) The department is directed to adopt uniform scopes of
  114  work with templated labor and equipment costs to provide
  115  definitive guidance as to the type of work and authorized
  116  expenditures that will be allowed for preapproved site
  117  rehabilitation tasks.
  118         (f) The department is directed to establish guidelines for
  119  consideration and acceptance of new and innovative technologies
  120  for site rehabilitation work.
  121         (3) CREATION.—There is hereby created the Inland Protection
  122  Trust Fund, hereinafter referred to as the “fund,” to be
  123  administered by the department. This fund shall be used by the
  124  department as a nonlapsing revolving fund for carrying out the
  125  purposes of this section and s. 376.3073. To this fund shall be
  126  credited all penalties, judgments, recoveries, reimbursements,
  127  loans, and other fees and charges related to the implementation
  128  of this section and s. 376.3073 and the excise tax revenues
  129  levied, collected, and credited pursuant to ss. 206.9935(3) and
  130  206.9945(1)(c). Charges against the fund shall be made pursuant
  131  to in accordance with the provisions of this section.
  132         (4) USES.—Whenever, in its determination, incidents of
  133  inland contamination related to the storage of petroleum or
  134  petroleum products may pose a threat to water resources, the
  135  environment, or the public health, safety, or welfare, the
  136  department shall obligate moneys available in the fund to
  137  provide for:
  138         (a) Prompt investigation and assessment of contamination
  139  sites.
  140         (b) Expeditious restoration or replacement of potable water
  141  supplies as provided in s. 376.30(3)(c)1.
  142         (c) Rehabilitation of contamination sites, which shall
  143  consist of cleanup of affected soil, groundwater, and inland
  144  surface waters, using the most cost-effective alternative that
  145  is technologically feasible and reliable, and that provides
  146  adequate protection of water resources and the public health,
  147  safety, and welfare, and that minimizes environmental damage,
  148  pursuant to in accordance with the site selection and cleanup
  149  criteria established by the department under subsection (5),
  150  except that this paragraph does not nothing herein shall be
  151  construed to authorize the department to obligate funds for
  152  payment of costs that which may be associated with, but are not
  153  integral to, site rehabilitation, such as the cost for
  154  retrofitting or replacing petroleum storage systems.
  155         (d) Maintenance and monitoring of contamination sites.
  156         (e) Inspection and supervision of activities described in
  157  this subsection.
  158         (f) Payment of expenses incurred by the department in its
  159  efforts to obtain from responsible parties the payment or
  160  recovery of reasonable costs resulting from the activities
  161  described in this subsection.
  162         (g) Payment of any other reasonable costs of
  163  administration, including those administrative costs incurred by
  164  the Department of Health in providing field and laboratory
  165  services, toxicological risk assessment, and other assistance to
  166  the department in the investigation of drinking water
  167  contamination complaints and costs associated with public
  168  information and education activities.
  169         (h) Establishment and implementation of the compliance
  170  verification program as authorized in s. 376.303(1)(a),
  171  including contracting with local governments or state agencies
  172  to provide for the administration of such program through
  173  locally administered programs, to minimize the potential for
  174  further contamination sites.
  175         (i) Funding of the provisions of ss. 376.305(6) and
  176  376.3072.
  177         (j) Activities related to removal and replacement of
  178  petroleum storage systems, exclusive of costs of any tank,
  179  piping, dispensing unit, or related hardware, if soil removal is
  180  approved preapproved as a component of site rehabilitation and
  181  requires removal of the tank where remediation is conducted
  182  under this section s. 376.30711 or if such activities were
  183  justified in an approved remedial action plan performed pursuant
  184  to subsection (12).
  185         (k) Activities related to reimbursement application
  186  preparation and activities related to reimbursement application
  187  examination by a certified public accountant pursuant to
  188  subsection (12).
  189         (k)(l) Reasonable costs of restoring property as nearly as
  190  practicable to the conditions that which existed before prior to
  191  activities associated with contamination assessment or remedial
  192  action taken under s. 376.303(4).
  193         (l)(m) Repayment of loans to the fund.
  194         (m)(n) Expenditure of sums from the fund to cover
  195  ineligible sites or costs as set forth in subsection (13), if
  196  the department in its discretion deems it necessary to do so. In
  197  such cases, the department may seek recovery and reimbursement
  198  of costs in the same manner and pursuant to in accordance with
  199  the same procedures as are established for recovery and
  200  reimbursement of sums otherwise owed to or expended from the
  201  fund.
  202         (n)(o) Payment of amounts payable under any service
  203  contract entered into by the department pursuant to s. 376.3075,
  204  subject to annual appropriation by the Legislature.
  205         (o)(p) Petroleum remediation pursuant to this section s.
  206  376.30711 throughout a state fiscal year. The department shall
  207  establish a process to uniformly encumber appropriated funds
  208  throughout a state fiscal year and shall allow for emergencies
  209  and imminent threats to water resources, human health and the
  210  environment, and the public health, safety, and welfare, as
  211  provided in paragraph (5)(a). This paragraph does not apply to
  212  appropriations associated with the free product recovery
  213  initiative provided in of paragraph (5)(c) or the preapproved
  214  advanced cleanup program provided in of s. 376.30713.
  215         (p)(q) Enforcement of this section and ss. 376.30-376.317
  216  by the Fish and Wildlife Conservation Commission. The department
  217  shall disburse moneys to the commission for such purpose.
  219  The Inland Protection Trust Fund may only be used to fund the
  220  activities in ss. 376.30-376.317 except ss. 376.3078 and
  221  376.3079. Amounts on deposit in the Inland Protection Trust fund
  222  in each fiscal year shall first be applied or allocated for the
  223  payment of amounts payable by the department pursuant to
  224  paragraph (n) (o) under a service contract entered into by the
  225  department pursuant to s. 376.3075 and appropriated in each year
  226  by the Legislature before prior to making or providing for other
  227  disbursements from the fund. Nothing in This subsection does not
  228  shall authorize the use of the Inland Protection Trust fund for
  229  cleanup of contamination caused primarily by a discharge of
  230  solvents as defined in s. 206.9925(6), or polychlorinated
  231  biphenyls when their presence causes them to be hazardous
  232  wastes, except solvent contamination which is the result of
  233  chemical or physical breakdown of petroleum products and is
  234  otherwise eligible. Facilities used primarily for the storage of
  235  motor or diesel fuels as defined in ss. 206.01 and 206.86 are
  236  shall be presumed not to be excluded from eligibility pursuant
  237  to this section.
  239         (a) The department shall adopt rules to establish
  240  priorities based upon a scoring system for state-conducted
  241  cleanup at petroleum contamination sites based upon factors that
  242  include, but need not be limited to:
  243         1. The degree to which the public human health, safety, or
  244  welfare may be affected by exposure to the contamination;
  245         2. The size of the population or area affected by the
  246  contamination;
  247         3. The present and future uses of the affected aquifer or
  248  surface waters, with particular consideration as to the
  249  probability that the contamination is substantially affecting,
  250  or will migrate to and substantially affect, a known public or
  251  private source of potable water; and
  252         4. The effect of the contamination on water resources and
  253  the environment.
  255  Moneys in the fund shall then be obligated for activities
  256  described in paragraphs (4)(a)-(e) at individual sites pursuant
  257  to in accordance with such established criteria. However,
  258  nothing in this paragraph does not shall be construed to
  259  restrict the department from modifying the priority status of a
  260  rehabilitation site where conditions warrant, taking into
  261  consideration the actual distance between the contamination site
  262  and groundwater or surface water receptors or other factors that
  263  affect the risk of exposure to petroleum products’ chemicals of
  264  concern. The department may use the effective date of a
  265  department final order granting eligibility pursuant to
  266  subsections (10) (9) and (13) and ss. 376.305(6) and 376.3072 to
  267  establish a prioritization system within a particular priority
  268  scoring range.
  269         (b) It is the intent of the Legislature to protect the
  270  health of all people under actual circumstances of exposure. The
  271  secretary shall establish criteria by rule for the purpose of
  272  determining, on a site-specific basis, the rehabilitation
  273  program tasks that comprise a site rehabilitation program and
  274  the level at which a rehabilitation program task and a site
  275  rehabilitation program are may be deemed completed. In
  276  establishing the rule, the department shall incorporate, to the
  277  maximum extent feasible, risk-based corrective action principles
  278  to achieve protection of water resources, human health and
  279  safety and the environment, and the public health, safety, and
  280  welfare in a cost-effective manner as provided in this
  281  subsection. Criteria for determining what constitutes a
  282  rehabilitation program task or completion of site rehabilitation
  283  program tasks and site rehabilitation programs shall be based
  284  upon the factors set forth in paragraph (a) and the following
  285  additional factors:
  286         1. The current exposure and potential risk of exposure to
  287  humans and the environment including multiple pathways of
  288  exposure.
  289         2. The appropriate point of compliance with cleanup target
  290  levels for petroleum products’ chemicals of concern. The point
  291  of compliance shall be at the source of the petroleum
  292  contamination. However, the department may is authorized to
  293  temporarily move the point of compliance to the boundary of the
  294  property, or to the edge of the plume when the plume is within
  295  the property boundary, while cleanup, including cleanup through
  296  natural attenuation processes in conjunction with appropriate
  297  monitoring, is proceeding. The department may also is
  298  authorized, pursuant to criteria provided for in this paragraph,
  299  to temporarily extend the point of compliance beyond the
  300  property boundary with appropriate monitoring, if such extension
  301  is needed to facilitate natural attenuation or to address the
  302  current conditions of the plume and if water resources, provided
  303  human health, public safety, and the environment, and the public
  304  health, safety, and welfare are adequately protected. Temporary
  305  extension of the point of compliance beyond the property
  306  boundary, as provided in this subparagraph, must shall include
  307  notice to local governments and owners of any property into
  308  which the point of compliance is allowed to extend.
  309         3. The appropriate site-specific cleanup goal. The site
  310  specific cleanup goal shall be that all petroleum contamination
  311  sites ultimately achieve the applicable cleanup target levels
  312  provided in this paragraph. However, the department may is
  313  authorized to allow concentrations of the petroleum products’
  314  chemicals of concern to temporarily exceed the applicable
  315  cleanup target levels while cleanup, including cleanup through
  316  natural attenuation processes in conjunction with appropriate
  317  monitoring, is proceeding, if water resources provided human
  318  health, public safety, and the environment, and the public
  319  health, welfare, and safety are adequately protected.
  320         4. The appropriateness of using institutional or
  321  engineering controls. Site rehabilitation programs may include
  322  the use of institutional or engineering controls to eliminate
  323  the potential exposure to petroleum products’ chemicals of
  324  concern to humans or the environment. Use of such controls must
  325  have prior department approval be preapproved by the department,
  326  and may institutional controls shall not be acquired with moneys
  327  funds from the Inland Protection Trust fund. When institutional
  328  or engineering controls are implemented to control exposure, the
  329  removal of such controls must have prior department approval and
  330  must be accompanied immediately by the resumption of active
  331  cleanup, or other approved controls, unless cleanup target
  332  levels pursuant to this paragraph have been achieved.
  333         5. The additive effects of the petroleum products’
  334  chemicals of concern. The synergistic effects of petroleum
  335  products’ chemicals of concern must shall also be considered
  336  when the scientific data becomes available.
  337         6. Individual site characteristics that must which shall
  338  include, but not be limited to, the current and projected use of
  339  the affected groundwater in the vicinity of the site, current
  340  and projected land uses of the area affected by the
  341  contamination, the exposed population, the degree and extent of
  342  contamination, the rate of contaminant migration, the apparent
  343  or potential rate of contaminant degradation through natural
  344  attenuation processes, the location of the plume, and the
  345  potential for further migration in relation to site property
  346  boundaries.
  347         7. Applicable state water quality standards.
  348         a. Cleanup target levels for petroleum products’ chemicals
  349  of concern found in groundwater shall be the applicable state
  350  water quality standards. Where such standards do not exist, the
  351  cleanup target levels for groundwater shall be based on the
  352  minimum criteria specified in department rule. The department
  353  shall consider the following, as appropriate, in establishing
  354  the applicable minimum criteria: calculations using a lifetime
  355  cancer risk level of 1.0E-6; a hazard index of 1 or less; the
  356  best achievable detection limit; the naturally occurring
  357  background concentration; or nuisance, organoleptic, and
  358  aesthetic considerations.
  359         b. Where surface waters are exposed to petroleum
  360  contaminated groundwater, the cleanup target levels for the
  361  petroleum products’ chemicals of concern shall be based on the
  362  surface water standards as established by department rule. The
  363  point of measuring compliance with the surface water standards
  364  shall be in the groundwater immediately adjacent to the surface
  365  water body.
  366         8. Whether deviation from state water quality standards or
  367  from established criteria is appropriate. The department may
  368  issue a “No Further Action Order” based upon the degree to which
  369  the desired cleanup target level is achievable and can be
  370  reasonably and cost-effectively implemented within available
  371  technologies or engineering and institutional control
  372  strategies. Where a state water quality standard is applicable,
  373  a deviation may not result in the application of cleanup target
  374  levels more stringent than the said standard. In determining
  375  whether it is appropriate to establish alternate cleanup target
  376  levels at a site, the department may consider the effectiveness
  377  of source removal that has been completed at the site and the
  378  practical likelihood of: the use of low yield or poor quality
  379  groundwater; the use of groundwater near marine surface water
  380  bodies; the current and projected use of the affected
  381  groundwater in the vicinity of the site; or the use of
  382  groundwater in the immediate vicinity of the storage tank area,
  383  where it has been demonstrated that the groundwater
  384  contamination is not migrating away from such localized source,
  385  if water resources; provided human health, public safety, and
  386  the environment, and the public health, safety, and welfare are
  387  adequately protected.
  388         9. Appropriate cleanup target levels for soils.
  389         a. In establishing soil cleanup target levels for human
  390  exposure to petroleum products’ chemicals of concern found in
  391  soils from the land surface to 2 feet below land surface, the
  392  department shall consider the following, as appropriate:
  393  calculations using a lifetime cancer risk level of 1.0E-6; a
  394  hazard index of 1 or less; the best achievable detection limit;
  395  or the naturally occurring background concentration.
  396         b. Leachability-based soil target levels shall be based on
  397  protection of the groundwater cleanup target levels or the
  398  alternate cleanup target levels for groundwater established
  399  pursuant to this paragraph, as appropriate. Source removal and
  400  other cost-effective alternatives that are technologically
  401  feasible shall be considered in achieving the leachability soil
  402  target levels established by the department. The leachability
  403  goals do not apply shall not be applicable if the department
  404  determines, based upon individual site characteristics, that
  405  petroleum products’ chemicals of concern will not leach into the
  406  groundwater at levels which pose a threat to water resources,
  407  human health and safety or the environment, or the public
  408  health, safety, or welfare.
  410  However, nothing in This paragraph does not shall be construed
  411  to restrict the department from temporarily postponing
  412  completion of any site rehabilitation program for which funds
  413  are being expended whenever such postponement is deemed
  414  necessary in order to make funds available for rehabilitation of
  415  a contamination site with a higher priority status.
  416         (c) The department shall require source removal, if
  417  warranted and cost-effective, at each site eligible for
  418  restoration funding from the Inland Protection Trust fund.
  419         1. Funding for free product recovery may be provided in
  420  advance of the order established by the priority ranking system
  421  under paragraph (a) for site cleanup activities. However, a
  422  separate prioritization for free product recovery shall be
  423  established consistent with paragraph (a). No more than $5
  424  million shall be encumbered from the Inland Protection Trust
  425  fund in any fiscal year for free product recovery conducted in
  426  advance of the priority order under paragraph (a) established
  427  for site cleanup activities.
  428         2. Once free product removal and other source removal
  429  identified in this paragraph are completed at a site, and
  430  notwithstanding the order established by the priority ranking
  431  system under paragraph (a) for site cleanup activities, the
  432  department may reevaluate the site to determine the degree of
  433  active cleanup needed to continue site rehabilitation. Further,
  434  the department shall determine whether if the reevaluated site
  435  qualifies for natural attenuation monitoring, long-term natural
  436  attenuation monitoring, or no further action. If additional site
  437  rehabilitation is necessary to reach no further action status,
  438  the site rehabilitation shall be conducted in the order
  439  established by the priority ranking system under paragraph (a).
  440  The department shall use utilize natural attenuation monitoring
  441  strategies and, when cost-effective, transition sites eligible
  442  for restoration funding assistance to long-term natural
  443  attenuation monitoring where the plume is shrinking or stable
  444  and confined to the source property boundaries and the petroleum
  445  products’ chemicals of concern meet the natural attenuation
  446  default concentrations, as defined by department rule. If the
  447  plume migrates beyond the source property boundaries, natural
  448  attenuation monitoring may be conducted pursuant to in
  449  accordance with department rule, or if the site no longer
  450  qualifies for natural attenuation monitoring, active remediation
  451  may be resumed. For long-term natural attenuation monitoring, if
  452  the petroleum products’ chemicals of concern increase or are not
  453  significantly reduced after 42 months of monitoring, or if the
  454  plume migrates beyond the property boundaries, active
  455  remediation shall be resumed as necessary. For sites undergoing
  456  active remediation, the department shall evaluate template the
  457  cost of natural attenuation monitoring pursuant to s. 376.30711
  458  to ensure that site mobilizations are performed in a cost
  459  effective manner. Sites that are not eligible for state
  460  restoration funding may transition to long-term natural
  461  attenuation monitoring using the criteria in this subparagraph.
  462  Nothing in This subparagraph does not preclude precludes a site
  463  from pursuing a “No Further Action” order with conditions.
  464         3. The department shall evaluate whether higher natural
  465  attenuation default concentrations for natural attenuation
  466  monitoring or long-term natural attenuation monitoring are cost
  467  effective and would adequately protect water resources, public
  468  health and the environment, and the public health, safety, and
  469  welfare. The department shall also evaluate site-specific
  470  characteristics that would allow for higher natural attenuation
  471  or long-term natural attenuation concentration levels.
  472         4. A local government may not deny a building permit based
  473  solely on the presence of petroleum contamination for any
  474  construction, repairs, or renovations performed in conjunction
  475  with tank upgrade activities to an existing retail fuel facility
  476  if the facility was fully operational before the building permit
  477  was requested and if the construction, repair, or renovation is
  478  performed by a licensed contractor. All building permits and any
  479  construction, repairs, or renovations performed in conjunction
  480  with such permits must comply with the applicable provisions of
  481  chapters 489 and 553.
  483         (a) Site rehabilitation work on sites that are eligible for
  484  state-funded cleanup from the fund pursuant to this section and
  485  ss. 376.305(6), 376.3072, and 376.3073 may be funded only
  486  pursuant to this section. A facility operator shall abate the
  487  source of discharge for a new release that occurred after March
  488  29, 1995. If free product is present, the operator shall notify
  489  the department, and the department may direct the removal of the
  490  free product. The department shall grant approval to continue
  491  site rehabilitation pursuant to this section.
  492         (b) When contracting for site rehabilitation activities
  493  performed under the Petroleum Restoration Program, the
  494  department shall comply with competitive procurement
  495  requirements provided in chapter 287 or rules adopted under this
  496  section or s. 287.0595. A competitive solicitation issued
  497  pursuant to this section is not subject to s. 287.055.
  498         (c) Each contractor performing site assessment and
  499  remediation activities for state-funded sites under this section
  500  shall certify to the department that the contractor meets all
  501  certification and license requirements imposed by law. Each
  502  contractor shall certify to the department that the contractor
  503  meets the following minimum qualifications:
  504         1. Complies with applicable Occupational Safety and Health
  505  Administration regulations.
  506         2. Maintains workers’ compensation insurance for employees
  507  as required by the Florida Workers’ Compensation Law.
  508         3. Maintains comprehensive general liability and
  509  comprehensive automobile liability insurance with minimum limits
  510  of at least $1 million per occurrence and $1 million annual
  511  aggregate to pay claims for damage for personal injury,
  512  including accidental death, as well as claims for property
  513  damage that may arise from performance of work under the
  514  program, which insurance designates the state as an additional
  515  insured party.
  516         4. Maintains professional liability insurance of at least
  517  $1 million per occurrence and $1 million annual aggregate.
  518         5. Has the capacity to perform or directly supervise the
  519  majority of the rehabilitation work at a site pursuant to s.
  520  489.113(9).
  521         (d) The department rules implementing this section must
  522  specify that only qualified vendors may submit responses on a
  523  competitive solicitation. The department rules must also include
  524  procedures for the rejection of vendors not meeting the minimum
  525  qualifications on the opening of a competitive solicitation and
  526  requirements for a vendor to maintain its qualifications in
  527  order to enter contracts or perform rehabilitation work.
  528         (e) A contractor that performs services pursuant to this
  529  subsection may file invoices for payment with the department for
  530  the services described in the approved contract. The invoices
  531  for payment must be submitted to the department on forms
  532  provided by the department, together with evidence documenting
  533  that activities were conducted or completed pursuant to the
  534  approved contract. If there are sufficient unencumbered funds
  535  available in the fund which have been appropriated for
  536  expenditure by the Legislature and if all of the terms of the
  537  approved contract have been met, invoices for payment must be
  538  paid pursuant to s. 215.422. After a contractor has submitted
  539  its invoices to the department, and before payment is made, the
  540  contractor may assign its right to payment to another person
  541  without recourse of the assignee or assignor to the state. In
  542  such cases, the assignee must be paid pursuant to s. 215.422.
  543  Prior notice of the assignment and assignment information must
  544  be made to the department and must be signed and notarized by
  545  the assigning party.
  546         (f) The contractor shall submit an invoice to the
  547  department within 30 days after the date of the department’s
  548  written acceptance of each interim deliverable or written
  549  approval of the final deliverable specified in the approved
  550  contract.
  551         (g) The department shall make payments based on the terms
  552  of an approved contract for site rehabilitation work. The
  553  department may, based on its experience and the past performance
  554  and concerns regarding a contractor, retain up to 25 percent of
  555  the contracted amount or use performance bonds to ensure
  556  performance. The amount of retainage and the amount of
  557  performance bonds, as well as the terms and conditions for such,
  558  must be included in the approved contract.
  559         (h) The contractor or the person to which the contractor
  560  has assigned its right to payment pursuant to paragraph (e)
  561  shall make prompt payment to subcontractors and suppliers for
  562  their costs associated with an approved contract pursuant to s.
  563  287.0585(1).
  564         (i) The exemption under s. 287.0585(2) does not apply to
  565  payments associated with an approved contract.
  566         (j) The department may withhold payment if the validity or
  567  accuracy of a contractor’s invoices or supporting documents is
  568  in question.
  569         (k) This section does not authorize payment to a person for
  570  costs of contaminated soil treatment or disposal that does not
  571  meet the applicable rules of this state for such treatment or
  572  disposal, including all general permitting, state air emission
  573  standards, monitoring, sampling, and reporting rules more
  574  specifically described by department rules.
  575         (l) The department shall terminate or suspend a
  576  contractor’s eligibility for participation in the program if the
  577  contractor fails to perform its contractual duties for site
  578  rehabilitation program tasks.
  579         (m) A site owner or operator, or his or her designee, may
  580  not receive any remuneration, in cash or in kind, directly or
  581  indirectly, from a rehabilitation contractor performing site
  582  cleanup activities pursuant to this section.
  583         (7)(6) FUNDING.—The Inland Protection Trust Fund shall be
  584  funded as follows:
  585         (a) All excise taxes levied, collected, and credited to the
  586  fund in accordance with the provisions of ss. 206.9935(3) and
  587  206.9945(1)(c).
  588         (b) All penalties, judgments, recoveries, reimbursements,
  589  and other fees and charges credited to the fund pursuant to in
  590  accordance with the provisions of subsection (3).
  593         (a) Except as provided in subsection (10) (9) and as
  594  otherwise provided by law, the department shall recover to the
  595  use of the fund from a person or persons at any time causing or
  596  having caused the discharge or from the Federal Government,
  597  jointly and severally, all sums owed or expended from the fund,
  598  pursuant to s. 376.308, except that the department may decline
  599  to pursue such recovery if it finds the amount involved too
  600  small or the likelihood of recovery too uncertain. Sums
  601  recovered as a result of damage due to a discharge related to
  602  the storage of petroleum or petroleum products or other similar
  603  disaster shall be apportioned between the fund and the General
  604  Revenue Fund so as to repay the full costs to the General
  605  Revenue Fund of any sums disbursed therefrom as a result of such
  606  disaster. A Any request for reimbursement to the fund for such
  607  costs, if not paid within 30 days after of demand, shall be
  608  turned over to the department for collection.
  609         (b) Except as provided in subsection (10) (9) and as
  610  otherwise provided by law, it is the duty of the department in
  611  administering the fund diligently to pursue the reimbursement to
  612  the fund of any sum expended from the fund for cleanup and
  613  abatement pursuant to in accordance with the provisions of this
  614  section or s. 376.3073, unless the department finds the amount
  615  involved too small or the likelihood of recovery too uncertain.
  616  For the purposes of s. 95.11, the limitation period within which
  617  to institute an action to recover such sums shall begin commence
  618  on the last date on which any such sums were expended, and not
  619  the date on which that the discharge occurred. The department’s
  620  claim for recovery of payments or overpayments from the fund
  621  must be based on the law in existence at the time of the payment
  622  or overpayment.
  623         (c) If the department initiates an enforcement action to
  624  clean up a contaminated site and determines that the responsible
  625  party cannot is financially unable to undertake complete
  626  restoration of the contaminated site, that the current property
  627  owner was not responsible for the discharge when the
  628  contamination first occurred, or that the state’s interest can
  629  best be served by conducting cleanup, the department may enter
  630  into an agreement with the responsible party or property owner
  631  whereby the department agrees to conduct site rehabilitation and
  632  the responsible party or property owner agrees to pay for the
  633  portion of the cleanup costs that are within such party’s or
  634  owner’s financial capabilities as determined by the department,
  635  taking into consideration the party’s or owner’s net worth and
  636  the economic impact on the party or owner.
  637         (9)(8) INVESTMENTS; INTEREST.—Moneys in the fund which are
  638  not needed currently to meet the obligations of the department
  639  in the exercise of its responsibilities under this section and
  640  s. 376.3073 shall be deposited with the Chief Financial Officer
  641  to the credit of the fund and may be invested in such manner as
  642  is provided for by law statute. The interest received on such
  643  investment shall be credited to the fund. Any provisions of law
  644  to the contrary notwithstanding, such interest may be freely
  645  transferred between the this trust fund and the Water Quality
  646  Assurance Trust Fund, in the discretion of the department.
  647         (10)(9) EARLY DETECTION INCENTIVE PROGRAM.—To encourage
  648  early detection, reporting, and cleanup of contamination from
  649  leaking petroleum storage systems, the department shall, within
  650  the guidelines established in this subsection, conduct an
  651  incentive program that provides which shall provide for a 30
  652  month grace period ending on December 31, 1988. Pursuant
  653  thereto:
  654         (a) The department shall establish reasonable requirements
  655  for the written reporting of petroleum contamination incidents
  656  and shall distribute forms to registrants under s. 376.303(1)(b)
  657  and to other interested parties upon request to be used for such
  658  purpose. Until such forms are available for distribution, the
  659  department shall take reports of such incidents, however made,
  660  but shall notify any person making such a report that a complete
  661  written report of the incident will be required by the
  662  department at a later time, the form for which will be provided
  663  by the department.
  664         (b) When reporting forms become available for distribution,
  665  all sites involving incidents of contamination from petroleum
  666  storage systems initially reported to the department at any time
  667  from midnight on June 30, 1986, to midnight on December 31,
  668  1988, shall be qualified sites if, provided that such a complete
  669  written report is filed with respect thereto within a reasonable
  670  time. Subject to the delays which may occur as a result of the
  671  prioritization of sites under paragraph (5)(a) for any qualified
  672  site, costs for activities described in paragraphs (4)(a)-(e)
  673  shall be absorbed at the expense of the fund, without recourse
  674  to reimbursement or recovery, with the following exceptions:
  675         1. The provisions of This subsection does shall not apply
  676  to a any site where the department has been denied site access
  677  to implement the provisions of this section.
  678         2. The provisions of This subsection does shall not be
  679  construed to authorize or require reimbursement from the fund
  680  for costs expended before prior to the beginning of the grace
  681  period, except as provided in subsection (12).
  682         3.a. Upon discovery by the department that the owner or
  683  operator of a petroleum storage system has been grossly
  684  negligent in the maintenance of such petroleum storage system;
  685  has, with willful intent to conceal the existence of a serious
  686  discharge, falsified inventory or reconciliation records
  687  maintained with respect to the site at which such system is
  688  located; or has intentionally damaged such petroleum storage
  689  system, the site at which such system is located shall be
  690  ineligible for participation in the incentive program and the
  691  owner shall be liable for all costs due to discharges from
  692  petroleum storage systems at that site, any other provisions of
  693  chapter 86-159, Laws of Florida, to the contrary
  694  notwithstanding. For the purposes of this paragraph, willful
  695  failure to maintain inventory and reconciliation records,
  696  willful failure to make monthly monitoring system checks where
  697  such systems are in place, and failure to meet monitoring and
  698  retrofitting requirements within the schedules established under
  699  chapter 62-761, Florida Administrative Code, or violation of
  700  similar rules adopted by the department under this chapter,
  701  constitutes shall be construed to be gross negligence in the
  702  maintenance of a petroleum storage system.
  703         b. The department shall redetermine the eligibility of
  704  petroleum storage systems for which a timely Early Detection
  705  Incentive Program EDI application was filed, but which were
  706  deemed ineligible by the department, under the following
  707  conditions:
  708         (I) The owner or operator, on or before March 31, 1991,
  709  shall submit, in writing, notification that the storage system
  710  is now in compliance with department rules adopted pursuant to
  711  s. 376.303, and which requests the department to reevaluate the
  712  storage system eligibility; and
  713         (II) The department verifies the storage system compliance
  714  based on a compliance inspection.
  716  Provided, however, that A site may be determined eligible by the
  717  department for good cause shown, including, but not limited to,
  718  demonstration by the owner or operator that to achieve
  719  compliance would cause an increase in the potential for the
  720  spread of the contamination.
  721         c. Redetermination of eligibility pursuant to sub
  722  subparagraph b. shall not be available to:
  723         (I) Petroleum storage systems owned or operated by the
  724  Federal Government.
  725         (II) Facilities that denied site access to the department.
  726         (III) Facilities where a discharge was intentionally
  727  concealed.
  728         (IV) Facilities that were denied eligibility due to:
  729         (A) Absence of contamination, unless any such facility
  730  subsequently establishes that contamination did exist at that
  731  facility on or before December 31, 1988.
  732         (B) Contamination from substances that were not petroleum
  733  or a petroleum product.
  734         (C) Contamination that was not from a petroleum storage
  735  system.
  736         d. EDI Applicants who demonstrate compliance for a site
  737  pursuant to sub-subparagraph b. are eligible for the Early
  738  Detection Incentive Program and site rehabilitation funding
  739  pursuant to subsections subsection (5) and (6) s. 376.30711.
  741  If, in order to avoid prolonged delay, the department in its
  742  discretion deems it necessary to expend sums from the fund to
  743  cover ineligible sites or costs as set forth in this paragraph,
  744  the department may do so and seek recovery and reimbursement
  745  therefor in the same manner and pursuant to in accordance with
  746  the same procedures as are established for recovery and
  747  reimbursement of sums otherwise owed to or expended from the
  748  fund.
  749         (c) A No report of a discharge made to the department by a
  750  any person pursuant to in accordance with this subsection, or
  751  any rules adopted promulgated pursuant to this subsection may
  752  not hereto, shall be used directly as evidence of liability for
  753  such discharge in any civil or criminal trial arising out of the
  754  discharge.
  755         (d) The provisions of This subsection does shall not apply
  756  to petroleum storage systems owned or operated by the Federal
  757  Government.
  758         (11)(10) VIOLATIONS; PENALTY.—A It is unlawful for any
  759  person may not to:
  760         (a) Falsify inventory or reconciliation records maintained
  761  in compliance with chapters 62-761 and 62-762, Florida
  762  Administrative Code, with willful intent to conceal the
  763  existence of a serious leak; or
  764         (b) Intentionally damage a petroleum storage system.
  766  A Any person convicted of such a violation commits shall be
  767  guilty of a felony of the third degree, punishable as provided
  768  in s. 775.082, s. 775.083, or s. 775.084.
  769         (12)(11) SITE CLEANUP.—
  770         (a) Voluntary cleanup.—This section does not prohibit a
  771  person from conducting site rehabilitation either through his or
  772  her own personnel or through responsible response action
  773  contractors or subcontractors when such person is not seeking
  774  site rehabilitation funding from the fund. Such voluntary
  775  cleanups must meet all applicable environmental standards.
  776         (b) Low-scored site initiative.—Notwithstanding subsections
  777  (5) and (6) s. 376.30711, a any site with a priority ranking
  778  score of 29 points or less may voluntarily participate in the
  779  low-scored site initiative regardless of, whether or not the
  780  site is eligible for state restoration funding.
  781         1. To participate in the low-scored site initiative, the
  782  responsible party or property owner must affirmatively
  783  demonstrate that the following conditions are met:
  784         a. Upon reassessment pursuant to department rule, the site
  785  retains a priority ranking score of 29 points or less.
  786         b. No Excessively contaminated soil, as defined by
  787  department rule, does not exist exists onsite as a result of a
  788  release of petroleum products.
  789         c. A minimum of 6 months of groundwater monitoring
  790  indicates that the plume is shrinking or stable.
  791         d. The release of petroleum products at the site does not
  792  adversely affect adjacent surface waters, including their
  793  effects on human health and the environment.
  794         e. The area of groundwater containing the petroleum
  795  products’ chemicals of concern is less than one-quarter acre and
  796  is confined to the source property boundaries of the real
  797  property on which the discharge originated.
  798         f. Soils onsite that are subject to human exposure found
  799  between land surface and 2 feet below land surface meet the soil
  800  cleanup target levels established by department rule or human
  801  exposure is limited by appropriate institutional or engineering
  802  controls.
  803         2. Upon affirmative demonstration of the conditions under
  804  subparagraph 1., the department shall issue a determination of
  805  “No Further Action.” Such determination acknowledges that
  806  minimal contamination exists onsite and that such contamination
  807  is not a threat to water resources, human health or the
  808  environment, or the public health, safety, or welfare. If no
  809  contamination is detected, the department may issue a site
  810  rehabilitation completion order.
  811         3. Sites that are eligible for state restoration funding
  812  may receive payment of preapproved costs for the low-scored site
  813  initiative as follows:
  814         a. A responsible party or property owner may submit an
  815  assessment plan designed to affirmatively demonstrate that the
  816  site meets the conditions under subparagraph 1. Notwithstanding
  817  the priority ranking score of the site, the department may
  818  approve preapprove the cost of the assessment pursuant to s.
  819  376.30711, including 6 months of groundwater monitoring, not to
  820  exceed $30,000 for each site. The department may not pay the
  821  costs associated with the establishment of institutional or
  822  engineering controls.
  823         b. The assessment work shall be completed no later than 6
  824  months after the department issues its approval.
  825         c. No more than $10 million for the low-scored site
  826  initiative may be encumbered from the Inland Protection Trust
  827  fund in any fiscal year. Funds shall be made available on a
  828  first-come, first-served basis and shall be limited to 10 sites
  829  in each fiscal year for each responsible party or property
  830  owner.
  831         d. Program deductibles, copayments, and the limited
  832  contamination assessment report requirements under paragraph
  833  (13)(c) do not apply to expenditures under this paragraph.
  834         (12) REIMBURSEMENT FOR CLEANUP EXPENSES.—Except as provided
  835  in s. 2(3), chapter 95-2, Laws of Florida, this subsection shall
  836  not apply to any site rehabilitation program task initiated
  837  after March 29, 1995. Effective August 1, 1996, no further site
  838  rehabilitation work on sites eligible for state-funded cleanup
  839  from the Inland Protection Trust Fund shall be eligible for
  840  reimbursement pursuant to this subsection. The person
  841  responsible for conducting site rehabilitation may seek
  842  reimbursement for site rehabilitation program task work
  843  conducted after March 28, 1995, in accordance with s. 2(2) and
  844  (3), chapter 95-2, Laws of Florida, regardless of whether the
  845  site rehabilitation program task is completed. A site
  846  rehabilitation program task shall be considered to be initiated
  847  when actual onsite work or engineering design, pursuant to
  848  chapter 62-770, Florida Administrative Code, which is integral
  849  to performing a site rehabilitation program task has begun and
  850  shall not include contract negotiation and execution, site
  851  research, or project planning. All reimbursement applications
  852  pursuant to this subsection must be submitted to the department
  853  by January 3, 1997. The department shall not accept any
  854  applications for reimbursement or pay any claims on applications
  855  for reimbursement received after that date; provided, however if
  856  an application filed on or prior to January 3, 1997, was
  857  returned by the department on the grounds of untimely filing, it
  858  shall be refiled within 30 days after the effective date of this
  859  act in order to be processed.
  860         (a) Legislative findings.—The Legislature finds and
  861  declares that rehabilitation of contamination sites should be
  862  conducted in a manner and to a level of completion which will
  863  protect the public health, safety, and welfare and will minimize
  864  damage to the environment.
  865         (b) Conditions.
  866         1. The owner, operator, or his or her designee of a site
  867  which is eligible for restoration funding assistance in the EDI,
  868  PLRIP, or ATRP programs shall be reimbursed from the Inland
  869  Protection Trust Fund of allowable costs at reasonable rates
  870  incurred on or after January 1, 1985, for completed program
  871  tasks as identified in the department rule promulgated pursuant
  872  to paragraph (5)(b), or uncompleted program tasks pursuant to
  873  chapter 95-2, Laws of Florida, subject to the conditions in this
  874  section. It is unlawful for a site owner or operator, or his or
  875  her designee, to receive any remuneration, in cash or in kind,
  876  directly or indirectly from the rehabilitation contractor.
  877         2. Nothing in this subsection shall be construed to
  878  authorize reimbursement to any person for costs of contaminated
  879  soil treatment or disposal that does not meet the applicable
  880  rules of this state for such treatment or disposal, including
  881  all general permitting, state air emission standards,
  882  monitoring, sampling, and reporting rules more specifically
  883  described in department rules.
  884         (c) Legislative intent.—Due to the value of the potable
  885  water of this state, it is the intent of the Legislature that
  886  the department initiate and facilitate as many cleanups as
  887  possible utilizing the resources of the state, local
  888  governments, and the private sector, recognizing that source
  889  removal, wherever it is technologically feasible and cost
  890  effective, shall be considered the primary initial response to
  891  protect public health, safety, and the environment.
  892         (d) Amount of reimbursement.—The department shall reimburse
  893  actual and reasonable costs for site rehabilitation. The
  894  department shall not reimburse interest on the amount of
  895  reimbursable costs for any reimbursement application. However,
  896  nothing herein shall affect the department’s authority to pay
  897  interest authorized under prior law.
  898         (e) Records.—The person responsible for conducting site
  899  rehabilitation, or his or her agent, shall keep and preserve
  900  suitable records as follows:
  901         1. Hydrological and other site investigations and
  902  assessments; site rehabilitation plans; contracts and contract
  903  negotiations; and accounts, invoices, sales tickets, or other
  904  payment records from purchases, sales, leases, or other
  905  transactions involving costs actually incurred related to site
  906  rehabilitation. Such records shall be made available upon
  907  request to agents and employees of the department during regular
  908  business hours and at other times upon written request of the
  909  department.
  910         2. In addition, the department may from time to time
  911  request submission of such site-specific information as it may
  912  require, unless a waiver or variance from such department
  913  request is granted pursuant to paragraph (k).
  914         3. All records of costs actually incurred for cleanup shall
  915  be certified by affidavit to the department as being true and
  916  correct.
  917         (f) Application for reimbursement.—Any eligible person who
  918  performs a site rehabilitation program or performs site
  919  rehabilitation program tasks such as preparation of site
  920  rehabilitation plans or assessments; product recovery; cleanup
  921  of groundwater or inland surface water; soil treatment or
  922  removal; or any other tasks identified by department rule
  923  developed pursuant to subsection (5), may apply for
  924  reimbursement. Such applications for reimbursement must be
  925  submitted to the department on forms provided by the department,
  926  together with evidence documenting that site rehabilitation
  927  program tasks were conducted or completed in accordance with
  928  department rule developed pursuant to subsection (5), and other
  929  such records or information as the department requires. The
  930  reimbursement application and supporting documentation shall be
  931  examined by a certified public accountant in accordance with
  932  standards established by the American Institute of Certified
  933  Public Accountants. A copy of the accountant’s report shall be
  934  submitted with the reimbursement application. Applications for
  935  reimbursement shall not be approved for site rehabilitation
  936  program tasks which have not been completed, except for the task
  937  of remedial action and except for uncompleted program tasks
  938  pursuant to chapter 95-2, Laws of Florida, and this subsection.
  939  Applications for remedial action may be submitted semiannually
  940  at the discretion of the person responsible for cleanup. After
  941  an applicant has filed an application with the department and
  942  before payment is made, the applicant may assign the right to
  943  payment to any other person, without recourse of the assignee or
  944  assignor to the state, without affecting the order in which
  945  payment is made. Information necessary to process the
  946  application shall be requested from and provided by the
  947  assigning applicant. Proper notice of the assignment and
  948  assignment information shall be made to the department which
  949  notice shall be signed and notarized by the assigning applicant.
  950         (g) Review.
  951         1. Provided there are sufficient unencumbered funds
  952  available in the Inland Protection Trust Fund, or to the extent
  953  proceeds of debt obligations are available for the payment of
  954  existing reimbursement obligations pursuant to s. 376.3075, the
  955  department shall have 60 days to determine if the applicant has
  956  provided sufficient information for processing the application
  957  and shall request submission of any additional information that
  958  the department may require within such 60-day period. If the
  959  applicant believes any request for additional information is not
  960  authorized, the applicant may request a hearing pursuant to ss.
  961  120.569 and 120.57. Once the department requests additional
  962  information, the department may request only that information
  963  needed to clarify such additional information or to answer new
  964  questions raised by or directly related to such additional
  965  information.
  966         2. The department shall deny or approve the application for
  967  reimbursement within 90 days after receipt of the last item of
  968  timely requested additional material, or, if no additional
  969  material is requested, within 90 days of the close of the 60-day
  970  period described in subparagraph 1., unless the total review
  971  period is otherwise extended by written mutual agreement of the
  972  applicant and the department.
  973         3. Final disposition of an application shall be provided to
  974  the applicant in writing, accompanied by a written explanation
  975  setting forth in detail the reason or reasons for the approval
  976  or denial. If the department fails to make a determination on an
  977  application within the time provided in subparagraph 2., or
  978  denies an application, or if a dispute otherwise arises with
  979  regard to reimbursement, the applicant may request a hearing
  980  pursuant to ss. 120.569 and 120.57.
  981         (h) Reimbursement.—Upon approval of an application for
  982  reimbursement, reimbursement for reasonable expenditures of a
  983  site rehabilitation program or site rehabilitation program tasks
  984  documented therein shall be made in the order in which the
  985  department receives completed applications. Effective January 1,
  986  1997, all unpaid reimbursement applications are subject to
  987  payment on the following terms: The department shall develop a
  988  schedule of the anticipated dates of reimbursement of
  989  applications submitted to the department pursuant to this
  990  subsection. The schedule shall specify the projected date of
  991  payment based on equal monthly payments and projected annual
  992  revenue of $100 million. Based on the schedule, the department
  993  shall notify all reimbursement applicants of the projected date
  994  of payment of their applications. The department shall direct
  995  the Inland Protection Financing Corporation to pay applicants
  996  the present value of their applications as soon as practicable
  997  after approval by the department, subject to the availability of
  998  funds within the Inland Protection Financing Corporation. The
  999  present value of an application shall be based on the date on
 1000  which the department anticipates the Inland Protection Financing
 1001  Corporation will settle the reimbursement application and the
 1002  schedule’s projected date of payment and shall use 3.5 percent
 1003  as the annual discount rate. The determination of the amount of
 1004  the claim and the projected date of payment shall be subject to
 1005  s. 120.57.
 1006         (i) Liberal construction.—With respect to site
 1007  rehabilitation initiated prior to July 1, 1986, the provisions
 1008  of this subsection shall be given such liberal construction by
 1009  the department as will accomplish the purposes set forth in this
 1010  subsection. With regard to the keeping of particular records or
 1011  the giving of certain notice, the department may accept as
 1012  compliance action by a person which meets the intent of the
 1013  requirements set forth in this subsection.
 1014         (j) Reimbursement-review contracts.—The department may
 1015  contract with entities capable of processing or assisting in the
 1016  review of reimbursement applications. Any purchase of such
 1017  services shall not be subject to chapter 287.
 1018         (k) Audits.
 1019         1. The department is authorized to perform financial and
 1020  technical audits in order to certify site restoration costs and
 1021  ensure compliance with this chapter. The department shall seek
 1022  recovery of any overpayments based on the findings of these
 1023  audits. The department must commence any audit within 5 years
 1024  after the date of reimbursement, except in cases where the
 1025  department alleges specific facts indicating fraud.
 1026         2. Upon determination by the department that any portion of
 1027  costs which have been reimbursed are disallowed, the department
 1028  shall give written notice to the applicant setting forth with
 1029  specificity the allegations of fact which justify the
 1030  department’s proposed action and ordering repayment of
 1031  disallowed costs within 60 days of notification of the
 1032  applicant.
 1033         3. In the event the applicant does not make payment to the
 1034  department within 60 days of receipt of such notice, the
 1035  department shall seek recovery in a court of competent
 1036  jurisdiction to recover reimbursement overpayments made to the
 1037  person responsible for conducting site rehabilitation, unless
 1038  the department finds the amount involved too small or the
 1039  likelihood of recovery too uncertain.
 1040         4. In addition to the amount of any overpayment, the
 1041  applicant shall be liable to the department for interest of 1
 1042  percent per month or the prime rate, whichever is less, on the
 1043  amount of overpayment, from the date of overpayment by the
 1044  department until the applicant satisfies the department’s
 1045  request for repayment pursuant to this paragraph. The
 1046  calculation of interest shall be tolled during the pendency of
 1047  any litigation.
 1048         5. Financial and technical audits frequently are conducted
 1049  under this section many years after the site rehabilitation
 1050  activities were performed and the costs examined in the course
 1051  of the audit were incurred by the person responsible for site
 1052  rehabilitation. During the intervening span of years, the
 1053  department’s rule requirements and its related guidance and
 1054  other nonrule policy directives may have changed significantly.
 1055  The Legislature finds that it may be appropriate for the
 1056  department to provide relief to persons subject to such
 1057  requirements in financial and technical audits conducted
 1058  pursuant to this section.
 1059         a. The department is authorized to grant variances and
 1060  waivers from the documentation requirements of subparagraph
 1061  (e)2. and from the requirements of rules applicable in technical
 1062  and financial audits conducted under this section. Variances and
 1063  waivers shall be granted when the person responsible for site
 1064  rehabilitation demonstrates to the department that application
 1065  of a financial or technical auditing requirement would create a
 1066  substantial hardship or would violate principles of fairness.
 1067  For purposes of this subsection, “substantial hardship” means a
 1068  demonstrated economic, technological, legal, or other type of
 1069  hardship to the person requesting the variance or waiver. For
 1070  purposes of this subsection, “principles of fairness” are
 1071  violated when the application of a requirement affects a
 1072  particular person in a manner significantly different from the
 1073  way it affects other similarly situated persons who are affected
 1074  by the requirement or when the requirement is being applied
 1075  retroactively without due notice to the affected parties.
 1076         b. A person whose reimbursed costs are subject to a
 1077  financial and technical audit under this section may file a
 1078  written request to the department for grant of a variance or
 1079  waiver. The request shall specify:
 1080         (I) The requirement from which a variance or waiver is
 1081  requested.
 1082         (II) The type of action requested.
 1083         (III) The specific facts which would justify a waiver or
 1084  variance.
 1085         (IV) The reason or reasons why the requested variance or
 1086  waiver would serve the purposes of this section.
 1087         c. Within 90 days after receipt of a written request for
 1088  variance or waiver under this subsection, the department shall
 1089  grant or deny the request. If the request is not granted or
 1090  denied within 90 days of receipt, the request shall be deemed
 1091  approved. An order granting or denying the request shall be in
 1092  writing and shall contain a statement of the relevant facts and
 1093  reasons supporting the department’s action. The department’s
 1094  decision to grant or deny the petition shall be supported by
 1095  competent substantial evidence and is subject to ss. 120.569 and
 1096  120.57. Once adopted, model rules promulgated by the
 1097  Administration Commission under s. 120.542 shall govern the
 1098  processing of requests under this provision.
 1099         6. The Chief Financial Officer may audit the records of
 1100  persons who receive or who have received payments pursuant to
 1101  this chapter in order to verify site restoration costs, ensure
 1102  compliance with this chapter, and verify the accuracy and
 1103  completeness of audits performed by the department pursuant to
 1104  this paragraph. The Chief Financial Officer may contract with
 1105  entities or persons to perform audits pursuant to this
 1106  subparagraph. The Chief Financial Officer shall commence any
 1107  audit within 1 year after the department’s completion of an
 1108  audit conducted pursuant to this paragraph, except in cases
 1109  where the department or the Chief Financial Officer alleges
 1110  specific facts indicating fraud.
 1112  detection, reporting, and cleanup of contamination caused by
 1113  discharges of petroleum or petroleum products, the department
 1114  shall, within the guidelines established in this subsection,
 1115  implement a cost-sharing cleanup program to provide
 1116  rehabilitation funding assistance for all property contaminated
 1117  by discharges of petroleum or petroleum products occurring
 1118  before January 1, 1995, subject to a copayment provided for in a
 1119  Petroleum Cleanup Participation Program preapproved site
 1120  rehabilitation agreement. Eligibility is shall be subject to an
 1121  annual appropriation from the Inland Protection Trust fund.
 1122  Additionally, funding for eligible sites is shall be contingent
 1123  upon annual appropriation in subsequent years. Such continued
 1124  state funding is shall not be deemed an entitlement or a vested
 1125  right under this subsection. Eligibility shall be determined in
 1126  the program, shall be notwithstanding any other provision of
 1127  law, consent order, order, judgment, or ordinance to the
 1128  contrary.
 1129         (a)1. The department shall accept any discharge reporting
 1130  form received before prior to January 1, 1995, as an application
 1131  for this program, and the facility owner or operator need not
 1132  reapply.
 1133         2. Owners or operators of property contaminated by
 1134  petroleum or petroleum products from a petroleum storage system
 1135  may apply for such program by filing a written report of the
 1136  contamination incident, including evidence that such incident
 1137  occurred before prior to January 1, 1995, with the department.
 1138  Incidents of petroleum contamination discovered after December
 1139  31, 1994, at sites which have not stored petroleum or petroleum
 1140  products for consumption, use, or sale after such date shall be
 1141  presumed to have occurred before prior to January 1, 1995. An
 1142  operator’s filed report shall be deemed an application of the
 1143  owner for all purposes. Sites reported to the department after
 1144  December 31, 1998, are shall not be eligible for the this
 1145  program.
 1146         (b) Subject to annual appropriation from the Inland
 1147  Protection Trust fund, sites meeting the criteria of this
 1148  subsection are eligible for up to $400,000 of site
 1149  rehabilitation funding assistance in priority order pursuant to
 1150  subsections subsection (5) and (6) s. 376.30711. Sites meeting
 1151  the criteria of this subsection for which a site rehabilitation
 1152  completion order was issued before prior to June 1, 2008, do not
 1153  qualify for the 2008 increase in site rehabilitation funding
 1154  assistance and are bound by the pre-June 1, 2008, limits. Sites
 1155  meeting the criteria of this subsection for which a site
 1156  rehabilitation completion order was not issued before prior to
 1157  June 1, 2008, regardless of whether or not they have previously
 1158  transitioned to nonstate-funded cleanup status, may continue
 1159  state-funded cleanup pursuant to this section s. 376.30711 until
 1160  a site rehabilitation completion order is issued or the
 1161  increased site rehabilitation funding assistance limit is
 1162  reached, whichever occurs first. The department may not pay At
 1163  no time shall expenses incurred beyond outside the scope of an
 1164  approved contract preapproved site rehabilitation program under
 1165  s. 376.30711 be reimbursable.
 1166         (c) Upon notification by the department that rehabilitation
 1167  funding assistance is available for the site pursuant to
 1168  subsections subsection (5) and (6) s. 376.30711, the owner,
 1169  operator, or person otherwise responsible for site
 1170  rehabilitation shall provide the department with a limited
 1171  contamination assessment report and shall enter into a Petroleum
 1172  Cleanup Participation Program preapproved site rehabilitation
 1173  agreement with the department and a contractor qualified under
 1174  s. 376.30711(2)(b). The agreement must shall provide for a 25
 1175  percent copayment by the owner, operator, or person otherwise
 1176  responsible for conducting site rehabilitation. The owner,
 1177  operator, or person otherwise responsible for conducting site
 1178  rehabilitation shall adequately demonstrate the ability to meet
 1179  the copayment obligation. The limited contamination assessment
 1180  report and the copayment costs may be reduced or eliminated if
 1181  the owner and all operators responsible for restoration under s.
 1182  376.308 demonstrate that they cannot are financially unable to
 1183  comply with the copayment and limited contamination assessment
 1184  report requirements. The department shall take into
 1185  consideration the owner’s and operator’s net worth in making the
 1186  determination of financial ability. In the event the department
 1187  and the owner, operator, or person otherwise responsible for
 1188  site rehabilitation cannot are unable to complete negotiation of
 1189  the cost-sharing agreement within 120 days after beginning
 1190  commencing negotiations, the department shall terminate
 1191  negotiations, and the site shall be deemed ineligible for state
 1192  funding under this subsection and all liability protections
 1193  provided for in this subsection shall be revoked.
 1194         (d) A No report of a discharge made to the department by a
 1195  any person pursuant to in accordance with this subsection, or
 1196  any rules adopted pursuant to this subsection may not hereto,
 1197  shall be used directly as evidence of liability for such
 1198  discharge in any civil or criminal trial arising out of the
 1199  discharge.
 1200         (e) Nothing in This subsection does not shall be construed
 1201  to preclude the department from pursuing penalties under in
 1202  accordance with s. 403.141 for violations of any law or any
 1203  rule, order, permit, registration, or certification adopted or
 1204  issued by the department pursuant to its lawful authority.
 1205         (f) Upon the filing of a discharge reporting form under
 1206  paragraph (a), neither the department or nor any local
 1207  government may not shall pursue any judicial or enforcement
 1208  action to compel rehabilitation of the discharge. This paragraph
 1209  does shall not prevent any such action with respect to
 1210  discharges determined ineligible under this subsection or to
 1211  sites for which rehabilitation funding assistance is available
 1212  pursuant to subsections in accordance with subsection (5) and
 1213  (6) s. 376.30711.
 1214         (g) The following are shall be excluded from participation
 1215  in the program:
 1216         1. Sites at which the department has been denied reasonable
 1217  site access to implement the provisions of this section.
 1218         2. Sites that were active facilities when owned or operated
 1219  by the Federal Government.
 1220         3. Sites that are identified by the United States
 1221  Environmental Protection Agency to be on, or which qualify for
 1222  listing on, the National Priorities List under Superfund. This
 1223  exception does not apply to those sites for which eligibility
 1224  has been requested or granted as of the effective date of this
 1225  act under the Early Detection Incentive Program established
 1226  pursuant to s. 15, chapter 86-159, Laws of Florida.
 1227         4. Sites for which The contamination is covered under the
 1228  Early Detection Incentive Program, the Abandoned Tank
 1229  Restoration Program, or the Petroleum Liability and Restoration
 1230  Insurance Program, in which case site rehabilitation funding
 1231  assistance shall continue under the respective program.
 1233  to the department enters entering into a service contract with
 1234  the Inland Protection Financing Corporation which includes
 1235  payments by the department to support any existing or planned
 1236  note, bond, certificate of indebtedness, or other obligation or
 1237  evidence of indebtedness of the corporation pursuant to s.
 1238  376.3075, the Legislature, by law, must specifically authorize
 1239  the department to enter into such a contract. The corporation
 1240  may issue bonds in an amount not to exceed $104 million, with a
 1241  term up to 15 years, and annual payments not in excess of $10.4
 1242  million. The department may enter into a service contract in
 1243  conjunction with the issuance of such bonds which provides for
 1244  annual payments for debt service payments or other amounts
 1245  payable with respect to bonds, plus any administrative expenses
 1246  of the corporation to finance the rehabilitation of petroleum
 1247  contamination sites pursuant to ss. 376.30-376.317.
 1248         Section 2. Section 376.30711, Florida Statutes, is
 1249  repealed.
 1250         Section 3. Subsections (4) and (30) of section 376.301,
 1251  Florida Statutes, are amended to read:
 1252         376.301 Definitions of terms used in ss. 376.30-376.317,
 1253  376.70, and 376.75.—When used in ss. 376.30-376.317, 376.70, and
 1254  376.75, unless the context clearly requires otherwise, the term:
 1255         (4) “Backlog” means reimbursement obligations incurred
 1256  pursuant to s. 376.3071(12), prior to March 29, 1995, or
 1257  authorized for reimbursement under the provisions of s.
 1258  376.3071(12), pursuant to chapter 95-2, Laws of Florida. Claims
 1259  within the backlog are subject to adjustment, where appropriate.
 1260         (30) “Person responsible for conducting site
 1261  rehabilitation” means the site owner, operator, or the person
 1262  designated by the site owner or operator on the reimbursement
 1263  application. Mortgage holders and trust holders may be eligible
 1264  to participate in the reimbursement program pursuant to s.
 1265  376.3071(12).
 1266         Section 4. Subsection (5) of section 376.302, Florida
 1267  Statutes, is amended to read:
 1268         376.302 Prohibited acts; penalties.—
 1269         (5) Any person who commits fraud in representing his or her
 1270  their qualifications as a contractor for reimbursement or in
 1271  submitting a payment invoice reimbursement request pursuant to
 1272  s. 376.3071 s. 376.3071(12) commits a felony of the third
 1273  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1274  775.084.
 1275         Section 5. Subsection (6) of section 376.305, Florida
 1276  Statutes, is amended to read:
 1277         376.305 Removal of prohibited discharges.—
 1278         (6) The Legislature created the Abandoned Tank Restoration
 1279  Program in response to the need to provide financial assistance
 1280  for cleanup of sites that have abandoned petroleum storage
 1281  systems. For purposes of this subsection, the term “abandoned
 1282  petroleum storage system” means a shall mean any petroleum
 1283  storage system that has not stored petroleum products for
 1284  consumption, use, or sale since March 1, 1990. The department
 1285  shall establish the Abandoned Tank Restoration Program to
 1286  facilitate the restoration of sites contaminated by abandoned
 1287  petroleum storage systems.
 1288         (a) To be included in the program:
 1289         1. An application must be submitted to the department by
 1290  June 30, 1996, certifying that the system has not stored
 1291  petroleum products for consumption, use, or sale at the facility
 1292  since March 1, 1990.
 1293         2. The owner or operator of the petroleum storage system
 1294  when it was in service must have ceased conducting business
 1295  involving consumption, use, or sale of petroleum products at
 1296  that facility on or before March 1, 1990.
 1297         3. The site is not otherwise eligible for the cleanup
 1298  programs pursuant to s. 376.3071 or s. 376.3072.
 1299         (b) In order to be eligible for the program, petroleum
 1300  storage systems from which a discharge occurred must be closed
 1301  pursuant to in accordance with department rules before prior to
 1302  an eligibility determination. However, if the department
 1303  determines that the owner of the facility cannot is financially
 1304  unable to comply with the department’s petroleum storage system
 1305  closure requirements and all other eligibility requirements are
 1306  met, the petroleum storage system closure requirements shall be
 1307  waived. The department shall take into consideration the owner’s
 1308  net worth and the economic impact on the owner in making the
 1309  determination of the owner’s financial ability. The June 30,
 1310  1996, application deadline shall be waived for owners who cannot
 1311  are financially unable to comply.
 1312         (c) Sites accepted in the program are will be eligible for
 1313  site rehabilitation funding as provided in s. 376.3071 s.
 1314  376.3071(12) or s. 376.30711, as appropriate.
 1315         (d) The following sites are excluded from eligibility:
 1316         1. Sites on property of the Federal Government;
 1317         2. Sites contaminated by pollutants that are not petroleum
 1318  products;
 1319         3. Sites where the department has been denied site access;
 1320  or
 1321         4. Sites which are owned by a any person who had knowledge
 1322  of the polluting condition when title was acquired unless the
 1323  that person acquired title to the site after issuance of a
 1324  notice of site eligibility by the department.
 1325         (e) Participating sites are subject to a deductible as
 1326  determined by rule, not to exceed $10,000.
 1328  The provisions of This subsection does do not relieve a any
 1329  person who has acquired title after subsequent to July 1, 1992,
 1330  from the duty to establish by a preponderance of the evidence
 1331  that he or she undertook, at the time of acquisition, all
 1332  appropriate inquiry into the previous ownership and use of the
 1333  property consistent with good commercial or customary practice
 1334  in an effort to minimize liability, as required by s.
 1335  376.308(1)(c).
 1336         Section 6. Section 376.30713, Florida Statutes, is amended
 1337  to read:
 1338         376.30713 Preapproved Advanced cleanup.—
 1339         (1) In addition to the legislative findings provided in s.
 1340  376.3071 s. 376.30711, the Legislature finds and declares:
 1341         (a) That the inability to conduct site rehabilitation in
 1342  advance of a site’s priority ranking pursuant to s.
 1343  376.3071(5)(a) may substantially impede or prohibit property
 1344  transactions or the proper completion of public works projects.
 1345         (b) While the first priority of the state is to provide for
 1346  protection of the water resources of the state, human health,
 1347  and the environment, and the public health, safety, and welfare,
 1348  the viability of commerce is of equal importance to the state.
 1349         (c) It is in the public interest and of substantial
 1350  economic benefit to the state to provide an opportunity for site
 1351  rehabilitation to be conducted on a limited basis at
 1352  contaminated sites, in advance of the site’s priority ranking,
 1353  to facilitate property transactions or public works projects.
 1354         (d) It is appropriate for a person who is persons
 1355  responsible for site rehabilitation to share the costs
 1356  associated with managing and conducting preapproved advanced
 1357  cleanup, to facilitate the opportunity for preapproved advanced
 1358  cleanup, and to mitigate the additional costs that will be
 1359  incurred by the state in conducting site rehabilitation in
 1360  advance of the site’s priority ranking. Such cost sharing will
 1361  result in more contaminated sites being cleaned up and greater
 1362  environmental benefits to the state. The provisions of This
 1363  section is shall only be available only for sites eligible for
 1364  restoration funding under EDI, ATRP, or PLRIP PLIRP. This
 1365  section is available for discharges eligible for restoration
 1366  funding under the petroleum cleanup participation program for
 1367  the state’s cost share of site rehabilitation. Applications must
 1368  shall include a cost-sharing commitment for this section in
 1369  addition to the 25-percent-copayment requirement of the
 1370  petroleum cleanup participation program. This section is not
 1371  available for any discharge under a petroleum cleanup
 1372  participation program where the 25-percent-copayment requirement
 1373  of the petroleum cleanup participation program has been reduced
 1374  or eliminated pursuant to s. 376.3071(13)(c).
 1375         (2) The department may is authorized to approve an
 1376  application for preapproved advanced cleanup at eligible sites,
 1377  before prior to funding based on the site’s priority ranking
 1378  established pursuant to s. 376.3071(5)(a), pursuant to in
 1379  accordance with the provisions of this section. Only the
 1380  facility owner or operator or the person otherwise responsible
 1381  for site rehabilitation qualifies Persons who qualify as an
 1382  applicant under the provisions of this section shall only
 1383  include the facility owner or operator or the person otherwise
 1384  responsible for site rehabilitation.
 1385         (a) Preapproved Advanced cleanup applications may be
 1386  submitted between May 1 and June 30 and between November 1 and
 1387  December 31 of each fiscal year. Applications submitted between
 1388  May 1 and June 30 shall be for the fiscal year beginning July 1.
 1389  An application must shall consist of:
 1390         1. A commitment to pay no less than 25 percent or more of
 1391  the total cleanup cost deemed recoverable under the provisions
 1392  of this section along with proof of the ability to pay the cost
 1393  share.
 1394         2. A nonrefundable review fee of $250 to cover the
 1395  administrative costs associated with the department’s review of
 1396  the application.
 1397         3. A limited contamination assessment report.
 1398         4. A proposed course of action.
 1400  The limited contamination assessment report must shall be
 1401  sufficient to support the proposed course of action and to
 1402  estimate the cost of the proposed course of action. Any Costs
 1403  incurred related to conducting the limited contamination
 1404  assessment report are not refundable from the Inland Protection
 1405  Trust Fund. Site eligibility under this subsection, or any other
 1406  provision of this section is, shall not constitute an
 1407  entitlement to preapproved advanced cleanup or continued
 1408  restoration funding. The applicant shall certify to the
 1409  department that the applicant has the prerequisite authority to
 1410  enter into an a preapproved advanced cleanup contract with the
 1411  department. The This certification must shall be submitted with
 1412  the application.
 1413         (b) The department shall rank the applications based on the
 1414  percentage of cost-sharing commitment proposed by the applicant,
 1415  with the highest ranking given to the applicant who that
 1416  proposes the highest percentage of cost sharing. If the
 1417  department receives applications that propose identical cost
 1418  sharing commitments and that which exceed the funds available to
 1419  commit to all such proposals during the preapproved advanced
 1420  cleanup application period, the department shall proceed to
 1421  rerank those applicants. Those applicants submitting identical
 1422  cost-sharing proposals that which exceed funding availability
 1423  must shall be so notified by the department and shall be offered
 1424  the opportunity to raise their individual cost-share
 1425  commitments, in a period of time specified in the notice. At the
 1426  close of the period, the department shall proceed to rerank the
 1427  applications pursuant to in accordance with this paragraph.
 1428         (3)(a) Based on the ranking established under paragraph
 1429  (2)(b) and the funding limitations provided in subsection (4),
 1430  the department shall begin commence negotiation with such
 1431  applicants. If the department and the applicant agree on the
 1432  course of action, the department may enter into a contract with
 1433  the applicant. The department may is authorized to negotiate the
 1434  terms and conditions of the contract.
 1435         (b) Preapproved Advanced cleanup must shall be conducted
 1436  pursuant to s. 376.3071(5)(b) and (6) and rules adopted under
 1437  ss. 287.0595 and 376.3071 under the provisions of ss.
 1438  376.3071(5)(b) and 376.30711. If the terms of the preapproved
 1439  advanced cleanup contract are not fulfilled, the applicant
 1440  forfeits any right to future payment for any site rehabilitation
 1441  work conducted under the contract.
 1442         (c) The department’s decision not to enter into an a
 1443  preapproved advanced cleanup contract with the applicant is
 1444  shall not be subject to the provisions of chapter 120. If the
 1445  department cannot is not able to complete negotiation of the
 1446  course of action and the terms of the contract within 60 days
 1447  after beginning commencing negotiations, the department shall
 1448  terminate negotiations with that applicant.
 1449         (4) The department may is authorized to enter into
 1450  contracts for a total of up to $15 million of preapproved
 1451  advanced cleanup work in each fiscal year. However, a facility
 1452  may not be approved preapproved for more than $5 million of
 1453  cleanup activity in each fiscal year. For the purposes of this
 1454  section, the term “facility” includes shall include, but is not
 1455  be limited to, multiple site facilities such as airports, port
 1456  facilities, and terminal facilities even though such enterprises
 1457  may be treated as separate facilities for other purposes under
 1458  this chapter.
 1459         (5) All funds collected by the department pursuant to this
 1460  section shall be deposited into the Inland Protection Trust Fund
 1461  to be used as provided in this section.
 1462         Section 7. Paragraph (a) of subsection (1) and subsections
 1463  (3), (4), and (9) of section 376.30714, Florida Statutes, are
 1464  amended to read:
 1465         376.30714 Site rehabilitation agreements.—
 1466         (1) In addition to the legislative findings provided in s.
 1467  376.3071, the Legislature finds and declares:
 1468         (a) The provisions of s. 376.3071(5)(a) ss. 376.3071(5)(a)
 1469  and 376.30711 have delayed cleanup of low-priority sites
 1470  determined to be eligible for state funding under that section
 1471  and ss. 376.305, 376.3071, and 376.3072.
 1472         (3) Free product attributable to a new discharge shall be
 1473  removed to the extent practicable and pursuant to in accordance
 1474  with department rules adopted pursuant to s. 376.3071(5) at the
 1475  expense of the owner, operator, or other responsible party. Free
 1476  product attributable to existing contamination shall be removed
 1477  pursuant to in accordance with s. 376.3071(5) and (6), or s.
 1478  376.30711(1)(b), and department rules adopted pursuant thereto.
 1479         (4) Beginning January 1, 1999, the department may is
 1480  authorized to negotiate and enter into site rehabilitation
 1481  agreements with applicants at sites with eligible existing
 1482  contamination at which a new discharge occurs. The site
 1483  rehabilitation agreement must shall include, but is not be
 1484  limited to, allocation of the funding responsibilities of the
 1485  department and the applicant for cleanup of the qualified site,
 1486  establishment of a mechanism to guarantee the applicant’s
 1487  commitment to pay its agreed amount of site rehabilitation as
 1488  set forth in the agreement, and establishment of the priority in
 1489  which cleanup of the qualified site will occur. Under any such a
 1490  negotiated site rehabilitation agreement, the applicant may not
 1491  shall be responsible for no more than the cleanup costs that are
 1492  attributable to the new discharge. However, the payment of any
 1493  applicable deductibles, copayments, or other program eligibility
 1494  requirements under ss. 376.305, 376.3071, and 376.3072 shall
 1495  continue to apply to the existing contamination and must be
 1496  accounted for in the negotiated site rehabilitation agreement.
 1497  The department may is further authorized, pursuant to this
 1498  section, to preapprove or conduct additional assessment
 1499  activities at the site.
 1500         (9) Site rehabilitation conducted at qualified sites shall
 1501  be conducted pursuant to s. 376.3071(5)(b) and (6) under the
 1502  provisions of ss. 376.3071(5)(b) and 376.30711. If the terms of
 1503  the agreement are not fulfilled by the applicant, the applicant
 1504  forfeits the any right to continued funding for any site
 1505  rehabilitation work under the agreement and is shall be subject
 1506  to enforcement action by the department or local government to
 1507  compel cleanup of the new discharge.
 1508         Section 8. Subsection (2) of section 376.3072, Florida
 1509  Statutes, is amended to read:
 1510         376.3072 Florida Petroleum Liability and Restoration
 1511  Insurance Program.—
 1512         (2)(a) An Any owner or operator of a petroleum storage
 1513  system may become an insured in the restoration insurance
 1514  program at a facility if provided:
 1515         1. A site at which an incident has occurred is shall be
 1516  eligible for restoration if the insured is a participant in the
 1517  third-party liability insurance program or otherwise meets
 1518  applicable financial responsibility requirements. After July 1,
 1519  1993, the insured must also provide the required excess
 1520  insurance coverage or self-insurance for restoration to achieve
 1521  the financial responsibility requirements of 40 C.F.R. s.
 1522  280.97, subpart H, not covered by paragraph (d).
 1523         2. A site that which had a discharge reported before prior
 1524  to January 1, 1989, for which notice was given pursuant to s.
 1525  376.3071(10) s. 376.3071(9) or (12), and that which is
 1526  ineligible for the third-party liability insurance program
 1527  solely due to that discharge is shall be eligible for
 1528  participation in the restoration program for an any incident
 1529  occurring on or after January 1, 1989, pursuant to in accordance
 1530  with subsection (3). Restoration funding for an eligible
 1531  contaminated site will be provided without participation in the
 1532  third-party liability insurance program until the site is
 1533  restored as required by the department or until the department
 1534  determines that the site does not require restoration.
 1535         3. Notwithstanding paragraph (b), a site where an
 1536  application is filed with the department before prior to January
 1537  1, 1995, where the owner is a small business under s.
 1538  288.703(6), a state community college with less than 2,500 FTE,
 1539  a religious institution as defined by s. 212.08(7)(m), a
 1540  charitable institution as defined by s. 212.08(7)(p), or a
 1541  county or municipality with a population of less than 50,000, is
 1542  shall be eligible for up to $400,000 of eligible restoration
 1543  costs, less a deductible of $10,000 for small businesses,
 1544  eligible community colleges, and religious or charitable
 1545  institutions, and $30,000 for eligible counties and
 1546  municipalities, if provided that:
 1547         a. Except as provided in sub-subparagraph e., the facility
 1548  was in compliance with department rules at the time of the
 1549  discharge.
 1550         b. The owner or operator has, upon discovery of a
 1551  discharge, promptly reported the discharge to the department,
 1552  and drained and removed the system from service, if necessary.
 1553         c. The owner or operator has not intentionally caused or
 1554  concealed a discharge or disabled leak detection equipment.
 1555         d. The owner or operator proceeds to complete initial
 1556  remedial action as specified defined by department rules.
 1557         e. The owner or operator, if required and if it has not
 1558  already done so, applies for third-party liability coverage for
 1559  the facility within 30 days after of receipt of an eligibility
 1560  order issued by the department pursuant to this subparagraph
 1561  provision.
 1563  However, the department may consider in-kind services from
 1564  eligible counties and municipalities in lieu of the $30,000
 1565  deductible. The cost of conducting initial remedial action as
 1566  defined by department rules is shall be an eligible restoration
 1567  cost pursuant to this subparagraph provision.
 1568         4.a. By January 1, 1997, facilities at sites with existing
 1569  contamination must shall be required to have methods of release
 1570  detection to be eligible for restoration insurance coverage for
 1571  new discharges subject to department rules for secondary
 1572  containment. Annual storage system testing, in conjunction with
 1573  inventory control, shall be considered to be a method of release
 1574  detection until the later of December 22, 1998, or 10 years
 1575  after the date of installation or the last upgrade. Other
 1576  methods of release detection for storage tanks which meet such
 1577  requirement are:
 1578         (I) Interstitial monitoring of tank and integral piping
 1579  secondary containment systems;
 1580         (II) Automatic tank gauging systems; or
 1581         (III) A statistical inventory reconciliation system with a
 1582  tank test every 3 years.
 1583         b. For pressurized integral piping systems, the owner or
 1584  operator must use:
 1585         (I) An automatic in-line leak detector with flow
 1586  restriction meeting the requirements of department rules used in
 1587  conjunction with an annual tightness or pressure test; or
 1588         (II) An automatic in-line leak detector with electronic
 1589  flow shut-off meeting the requirements of department rules.
 1590         c. For suction integral piping systems, the owner or
 1591  operator must use:
 1592         (I) A single check valve installed directly below the
 1593  suction pump if, provided there are no other valves between the
 1594  dispenser and the tank; or
 1595         (II) An annual tightness test or other approved test.
 1596         d. Owners of facilities with existing contamination which
 1597  that install internal release detection systems pursuant to in
 1598  accordance with sub-subparagraph a. shall permanently close
 1599  their external groundwater and vapor monitoring wells pursuant
 1600  to in accordance with department rules by December 31, 1998.
 1601  Upon installation of the internal release detection system, such
 1602  these wells must shall be secured and taken out of service until
 1603  permanent closure.
 1604         e. Facilities with vapor levels of contamination meeting
 1605  the requirements of or below the concentrations specified in the
 1606  performance standards for release detection methods specified in
 1607  department rules may continue to use vapor monitoring wells for
 1608  release detection.
 1609         f. The department may approve other methods of release
 1610  detection for storage tanks and integral piping which have at
 1611  least the same capability to detect a new release as the methods
 1612  specified in this subparagraph.
 1613         (b)1. To be eligible to be certified as an insured
 1614  facility, for discharges reported after January 1, 1989, the
 1615  owner or operator must shall file an affidavit upon enrollment
 1616  in the program. The affidavit must shall state that the owner or
 1617  operator has read and is familiar with this chapter and the
 1618  rules relating to petroleum storage systems and petroleum
 1619  contamination site cleanup adopted pursuant to ss. 376.303 and
 1620  376.3071 and that the facility is in compliance with this
 1621  chapter and applicable rules adopted pursuant to s. 376.303.
 1622  Thereafter, the facility’s annual inspection report shall serve
 1623  as evidence of the facility’s compliance with department rules.
 1624  The facility’s certificate as an insured facility may be revoked
 1625  only if the insured fails to correct a violation identified in
 1626  an inspection report before a discharge occurs. The facility’s
 1627  certification may be restored when the violation is corrected as
 1628  verified by a reinspection.
 1629         2. Except as provided in paragraph (a), to be eligible to
 1630  be certified as an insured facility, the applicant must
 1631  demonstrate to the department that the applicant has financial
 1632  responsibility for third-party claims and excess coverage, as
 1633  required by this section and 40 C.F.R. s. 280.97(h), and that
 1634  the applicant maintains such insurance during the applicant’s
 1635  participation as an insured facility.
 1636         3. Should a reinspection of the facility be necessary to
 1637  demonstrate compliance, the insured shall pay an inspection fee
 1638  not to exceed $500 per facility to be deposited in the Inland
 1639  Protection Trust Fund.
 1640         4. Upon report of a discharge, the department shall issue
 1641  an order stating that the site is eligible for restoration
 1642  coverage unless the insured has intentionally caused or
 1643  concealed a discharge or disabled leak detection equipment, has
 1644  misrepresented facts in the affidavit filed pursuant to
 1645  subparagraph 1., or cannot demonstrate that he or she has
 1646  obtained and maintained the financial responsibility for third
 1647  party claims and excess coverage as required in subparagraph 2.
 1649  This paragraph does not Nothing contained herein shall prevent
 1650  the department from assessing civil penalties for noncompliance
 1651  pursuant to this subsection as provided herein.
 1652         (c) A lender that has loaned money to a participant in the
 1653  Florida Petroleum Liability and Restoration Insurance Program
 1654  and has held a mortgage lien, security interest, or any lien
 1655  rights on the site primarily to protect the lender’s right to
 1656  convert or liquidate the collateral in satisfaction of the debt
 1657  secured, or a financial institution that which serves as a
 1658  trustee for an insured in the program for the purpose of site
 1659  rehabilitation, is shall be eligible for a state-funded cleanup
 1660  of the site, if the lender forecloses the lien or accepts a deed
 1661  in lieu of foreclosure on that property and acquires title, and
 1662  as long as the following has occurred, as applicable:
 1663         1. The owner or operator provided the lender with proof
 1664  that the facility is eligible for the restoration insurance
 1665  program at the time of the loan or before the discharge
 1666  occurred.
 1667         2. The financial institution or lender completes site
 1668  rehabilitation and seeks reimbursement pursuant to s.
 1669  376.3071(12) or conducts preapproved site rehabilitation
 1670  pursuant to s. 376.3071 s. 376.30711, as appropriate.
 1671         3. The financial institution or lender did not engage in
 1672  management activities at the site before prior to foreclosure
 1673  and does not operate the site or otherwise engage in management
 1674  activities after foreclosure, except to comply with
 1675  environmental statutes or rules or to prevent, abate, or
 1676  remediate a discharge.
 1677         (d)1. With respect to eligible incidents reported to the
 1678  department before prior to July 1, 1992, the restoration
 1679  insurance program shall provide up to $1.2 million of
 1680  restoration for each incident and shall have an annual aggregate
 1681  limit of $2 million of restoration per facility.
 1682         2. For any site at which a discharge is reported on or
 1683  after July 1, 1992, and for which restoration coverage is
 1684  requested, the department shall pay for restoration in
 1685  accordance with the following schedule:
 1686         a. For discharges reported to the department from July 1,
 1687  1992, to June 30, 1993, the department shall pay up to $1.2
 1688  million of eligible restoration costs, less a $1,000 deductible
 1689  per incident.
 1690         b. For discharges reported to the department from July 1,
 1691  1993, to December 31, 1993, the department shall pay up to $1.2
 1692  million of eligible restoration costs, less a $5,000 deductible
 1693  per incident. However, if, before prior to the date the
 1694  discharge is reported and by September 1, 1993, the owner or
 1695  operator can demonstrate financial responsibility in effect in
 1696  accordance with 40 C.F.R. s. 280.97, subpart H, for coverage
 1697  under sub-subparagraph c., the deductible will be $500. The $500
 1698  deductible shall apply for a period of 1 year from the effective
 1699  date of a policy or other form of financial responsibility
 1700  obtained and in effect by September 1, 1993.
 1701         c. For discharges reported to the department from January
 1702  1, 1994, to December 31, 1996, the department shall pay up to
 1703  $400,000 of eligible restoration costs, less a deductible of
 1704  $10,000.
 1705         d. For discharges reported to the department from January
 1706  1, 1997, to December 31, 1998, the department shall pay up to
 1707  $300,000 of eligible restoration costs, less a deductible of
 1708  $10,000.
 1709         e. Beginning January 1, 1999, no restoration coverage may
 1710  not shall be provided.
 1711         f. In addition, a supplemental deductible shall be added as
 1712  follows:
 1713         (I) A supplemental deductible of $5,000 if the owner or
 1714  operator fails to report a suspected release within 1 working
 1715  day after discovery.
 1716         (II) A supplemental deductible of $10,000 if the owner or
 1717  operator, within 3 days after discovery of an actual new
 1718  discharge, fails to take steps to test or empty the storage
 1719  system and complete such activity within 7 days.
 1720         (III) A supplemental deductible of $25,000 if the owner or
 1721  operator, after testing or emptying the storage system, fails to
 1722  proceed within 24 hours thereafter to abate the known source of
 1723  the discharge or to begin free product removal relating to an
 1724  actual new discharge and fails to complete abatement within 72
 1725  hours, although free product recovery may be ongoing.
 1726         (e) The following are not eligible to participate in the
 1727  Petroleum Liability and Restoration Insurance Program:
 1728         1. Sites owned or operated by the Federal Government during
 1729  the time the facility was in operation.
 1730         2. Sites where the owner or operator has denied the
 1731  department reasonable site access.
 1732         3. Any third-party claims relating to damages caused by
 1733  discharges discovered before prior to January 1, 1989.
 1734         4. Any incidents discovered before prior to January 1,
 1735  1989, are not eligible to participate in the restoration
 1736  insurance program. However, this exclusion does shall not be
 1737  construed to prevent a new incident at the same location from
 1738  participation in the restoration insurance program if the owner
 1739  or operator is otherwise eligible. This exclusion does shall not
 1740  affect eligibility for participation in the Early Detection
 1741  Incentive EDI Program.
 1743  Sites meeting the criteria of this subsection for which a site
 1744  rehabilitation completion order was issued before prior to June
 1745  1, 2008, do not qualify for the 2008 increase in site
 1746  rehabilitation funding assistance and are bound by the pre-June
 1747  1, 2008, limits. Sites meeting the criteria of this subsection
 1748  for which a site rehabilitation completion order was not issued
 1749  before prior to June 1, 2008, regardless of whether or not they
 1750  have previously transitioned to nonstate-funded cleanup status,
 1751  may continue state-funded cleanup pursuant to s. 376.3071(6) s.
 1752  376.30711 until a site rehabilitation completion order is issued
 1753  or the increased site rehabilitation funding assistance limit is
 1754  reached, whichever occurs first. At no time shall expenses
 1755  incurred outside the preapproved site rehabilitation program
 1756  under s. 376.30711 be reimbursable.
 1757         Section 9. Subsections (1) and (4) of section 376.3073,
 1758  Florida Statutes, are amended to read:
 1759         376.3073 Local programs and state agency programs for
 1760  control of contamination.—
 1761         (1) The department shall, to the greatest extent possible
 1762  and cost-effective, contract with local governments to provide
 1763  for the administration of its departmental responsibilities
 1764  under ss. 376.305, 376.3071(4)(a)-(e), (h), (k), and (m) and (6)
 1765  (l), (n), 376.30711, 376.3072, and 376.3077 through locally
 1766  administered programs. The department may also contract with
 1767  state agencies to carry out the restoration activities
 1768  authorized pursuant to ss. 376.305, 376.3071, and 376.3072,
 1769  376.305, and 376.30711. However, no such a contract may not
 1770  shall be entered into unless the local government or state
 1771  agency is deemed capable of carrying out such responsibilities
 1772  to the department’s satisfaction.
 1773         (4) Under no circumstances shall the cleanup criteria
 1774  employed in locally administered programs or state agency
 1775  programs or pursuant to local ordinance be more stringent than
 1776  the criteria established by the department pursuant to s.
 1777  376.3071(5) or (6) s. 376.30711.
 1778         Section 10. Subsections (4) and (5) of section 376.3075,
 1779  Florida Statutes, are amended to read:
 1780         376.3075 Inland Protection Financing Corporation.—
 1781         (4) The corporation may enter into one or more service
 1782  contracts with the department to provide services to the
 1783  department in connection with financing the functions and
 1784  activities provided in ss. 376.30-376.317. The department may
 1785  enter into one or more such service contracts with the
 1786  corporation and provide for payments under such contracts
 1787  pursuant to s. 376.3071(4)(n) s. 376.3071(4)(o), subject to
 1788  annual appropriation by the Legislature. The proceeds from such
 1789  service contracts may be used for the corporation’s
 1790  administrative costs and expenses after payments as set forth in
 1791  subsection (5). Each service contract may have a term of up to
 1792  20 years. Amounts annually appropriated and applied to make
 1793  payments under such service contracts may not include any funds
 1794  derived from penalties or other payments received from any
 1795  property owner or private party, including payments received
 1796  under s. 376.3071(7)(b) s. 376.3071(6)(b). In compliance with s.
 1797  287.0641 and other applicable provisions of law, the obligations
 1798  of the department under such service contracts do not constitute
 1799  a general obligation of the state or a pledge of the faith and
 1800  credit or taxing power of the state, and nor may such
 1801  obligations are not obligations be construed in any manner as an
 1802  obligation of the State Board of Administration or entities for
 1803  which it invests funds, other than the department as provided in
 1804  this section, but are payable solely from amounts available in
 1805  the Inland Protection Trust Fund, subject to annual
 1806  appropriation. In compliance with this subsection and s.
 1807  287.0582, the service contract must expressly include the
 1808  following statement: “The State of Florida’s performance and
 1809  obligation to pay under this contract is contingent upon an
 1810  annual appropriation by the Legislature.”
 1811         (5) The corporation may issue and incur notes, bonds,
 1812  certificates of indebtedness, or other obligations or evidences
 1813  of indebtedness payable from and secured by amounts payable to
 1814  the corporation by the department under a service contract
 1815  entered into pursuant to subsection (4) for the purpose of
 1816  financing the rehabilitation of petroleum contamination sites
 1817  pursuant to ss. 376.30-376.317. The term of any such note, bond,
 1818  certificate of indebtedness, or other obligation or evidence of
 1819  indebtedness may not have a financing term that exceeds 15
 1820  years. The corporation may select its financing team and issue
 1821  its obligations through competitive bidding or negotiated
 1822  contracts, whichever is most cost-effective. Any Indebtedness of
 1823  the corporation does not constitute a debt or obligation of the
 1824  state or a pledge of the faith and credit or taxing power of the
 1825  state, but is payable from and secured by payments made by the
 1826  department under the service contract pursuant to s.
 1827  376.3071(4)(n) s. 376.3071(4)(o).
 1828         Section 11. This act shall take effect July 1, 2014.