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. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 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. 31 1 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. 10 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. 19 20 ***************************************** 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. 25 26 27 28 29 30 31 2