SENATE AMENDMENT

    Bill No. CS for SB 1202

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Latvala moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 44, between lines 5 and 6,

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16  insert:

17         Section 17.  Subsection (4) of section 376.313, Florida

18  Statutes, is amended to read:

19         376.313  Nonexclusiveness of remedies and individual

20  cause of action for damages under ss. 376.30-376.319.--

21         (4)  In any civil action brought after July 1, 1986,

22  against the owner or operator of a petroleum storage system

23  for damages arising from a petroleum storage system discharge,

24  the provisions of subsection (3) shall not apply if it can be

25  proven that, at the time of the discharge:

26         (a)  The alleged damages resulted solely from a

27  discharge from a petroleum storage system which was installed,

28  replaced, or retrofitted, and maintained, in a manner

29  consistent with the construction, operation, repair, and

30  maintenance standards established for such systems under

31  chapter 62-761 17-61, Florida Administrative Code, as that

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1202

    Amendment No.    





 1  chapter may hereafter be amended. The requirement of

 2  consistency with such standards may be satisfied only by being

 3  in compliance with the standards at the time of the discharge,

 4  regardless of the time specified for compliance under the

 5  schedule provided in said chapter.

 6         (b)  A leak detection system or systems or a monitoring

 7  well or wells were installed and operating in a manner

 8  consistent with technical requirements of chapter 62-761

 9  17-61, Florida Administrative Code, as that chapter may

10  hereafter be amended; and

11         (c)  All inventory, recordkeeping, and reporting

12  requirements of chapter 62-761 17-61, Florida Administrative

13  Code, as that chapter may hereafter be amended, have been and

14  are being complied with.

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16  Any person bringing such an action must prove negligence to

17  recover damages under this subsection. For the purposes of

18  this subsection, noncompliance with this act, or any of the

19  rules promulgated pursuant hereto, as the same may hereafter

20  be amended, shall be prima facie evidence of negligence.

21         Section 18.  Section 21 of chapter 86-159, Laws of

22  Florida, is repealed.

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24  (Redesignate subsequent sections.)

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27  ================ T I T L E   A M E N D M E N T ===============

28  And the title is amended as follows:

29         On page 3, line 17, after the semicolon

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31  insert:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1202

    Amendment No.    





 1         amending s. 376.313, F.S.; correcting

 2         references to the Florida Administrative Code;

 3         repealing s. 21, ch. 86-159, Laws of Florida,

 4         relating to the scheduled repeal of s.

 5         376.313(4), F.S.;

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