CODING: Words stricken are deletions; words underlined are additions.Senate Bill 0146
Florida Senate - 1998 SB 146
By the Committee on Natural Resources
312-260-98
1 A bill to be entitled
2 An act relating to petroleum storage systems;
3 amending s. 376.313, F.S.; correcting
4 references to the Florida Administrative Code;
5 repealing s. 21, ch. 86-159, Laws of Florida,
6 relating to the scheduled repeal of s.
7 376.313(4), F.S.; providing an effective date.
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9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. Subsection (4) of section 376.313, Florida
12 Statutes, is amended to read:
13 376.313 Nonexclusiveness of remedies and individual
14 cause of action for damages under ss. 376.30-376.319.--
15 (4) In any civil action brought after July 1, 1986,
16 against the owner or operator of a petroleum storage system
17 for damages arising from a petroleum storage system discharge,
18 the provisions of subsection (3) shall not apply if it can be
19 proven that, at the time of the discharge:
20 (a) The alleged damages resulted solely from a
21 discharge from a petroleum storage system which was installed,
22 replaced, or retrofitted, and maintained, in a manner
23 consistent with the construction, operation, repair, and
24 maintenance standards established for such systems under
25 chapter 62-761 17-61, Florida Administrative Code, as that
26 chapter may hereafter be amended. The requirement of
27 consistency with such standards may be satisfied only by being
28 in compliance with the standards at the time of the discharge,
29 regardless of the time specified for compliance under the
30 schedule provided in said chapter.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 146
312-260-98
1 (b) A leak detection system or systems or a monitoring
2 well or wells were installed and operating in a manner
3 consistent with technical requirements of chapter 62-761
4 17-61, Florida Administrative Code, as that chapter may
5 hereafter be amended; and
6 (c) All inventory, recordkeeping, and reporting
7 requirements of chapter 62-761 17-61, Florida Administrative
8 Code, as that chapter may hereafter be amended, have been and
9 are being complied with.
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11 Any person bringing such an action must prove negligence to
12 recover damages under this subsection. For the purposes of
13 this subsection, noncompliance with this act, or any of the
14 rules promulgated pursuant hereto, as the same may hereafter
15 be amended, shall be prima facie evidence of negligence.
16 Section 2. Section 21 of chapter 86-159, Laws of
17 Florida, is repealed.
18 Section 3. This act shall take effect October 1, 1998.
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21 SENATE SUMMARY
22 Repeals a section of the Laws of Florida that provides
for the October 1, 1998 repeal of a statutory provision
23 relating to civil actions and damages involving a
petroleum storage system discharge. Corrects a reference
24 to the Florida Administrative Code.
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