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2025 Florida Statutes

Title XXVIII NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
Chapter 376 POLLUTANT DISCHARGE PREVENTION AND REMOVAL Entire Chapter
SECTION 91
Statewide cleanup of perfluoroalkyl and polyfluoroalkyl substances.
F.S. 376.91
376.91 Statewide cleanup of perfluoroalkyl and polyfluoroalkyl substances.—
(1) DEFINITIONS.—As used in this section, the term:
(a) “Department” means the Department of Environmental Protection.
(b) “PFAS” means perfluoroalkyl and polyfluoroalkyl substances, including perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS).
(2) STATEWIDE CLEANUP TARGET LEVELS.—
1(a) If the United States Environmental Protection Agency has not finalized its standards for PFAS in drinking water, groundwater, and soil by January 1, 2026, the department shall adopt by rule statewide cleanup target levels for PFAS in drinking water, groundwater, and soil using criteria set forth in s. 376.30701, with priority given to PFOA and PFOS. The rules for statewide cleanup target levels may not take effect until ratified by the Legislature.
(b) Until the department’s rule for a particular PFAS constituent has been ratified by the Legislature, a governmental entity or private water supplier may not be subject to any administrative or judicial action under this chapter brought by any state or local governmental entity to compel or enjoin site rehabilitation, to require payment for the cost of rehabilitation of environmental contamination, or to require payment of any fines or penalties regarding rehabilitation based on the presence of that particular PFAS constituent.
(c) Until site rehabilitation is completed or rules for statewide cleanup target levels are ratified by the Legislature, any statute of limitations that would bar a state or local governmental entity from pursuing relief in accordance with its existing authority is tolled from June 20, 2022.
(d) This section does not affect the ability or authority to seek any recourse or relief from any person who may have liability with respect to a contaminated site and who did not receive protection under paragraph (b).
History.—ss. 1, 2, ch. 2022-203; ss. 84, 85, ch. 2025-199.
1Note.—

A. Section 84, ch. 2025-199, amended paragraph (2)(a) “[i]n order to implement section 171 of the 2025-2026 General Appropriations Act.”

B. Section 85, ch. 2025-199, provides that “[t]he amendments to s. 376.91(2)(a), Florida Statutes, made by this act expire July 1, 2026, and the text of that paragraph shall revert to that in existence on June 30, 2025, except that any amendments to such text enacted other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of text which expire pursuant to this section.” Effective July 1, 2026, paragraph (2)(a), as amended by s. 85, ch. 2025-199, will read:

(a) If the United States Environmental Protection Agency has not finalized its standards for PFAS in drinking water, groundwater, and soil by January 1, 2025, the department shall adopt by rule statewide cleanup target levels for PFAS in drinking water, groundwater, and soil using criteria set forth in s. 376.30701, with priority given to PFOA and PFOS. The rules for statewide cleanup target levels may not take effect until ratified by the Legislature.