CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1541

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
  1                                .
                                   .
  2                                .
                                   .
  3                                .
                                   .
  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  The Committee on Judicial Oversight offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  Subsection (47) of s. 376.301, Florida

18  Statutes, is added to that section, to read:

19         Definitions of terms used in ss. 376.30-376.319,

20  376.70, and 376.75.--When used in ss. 376.30-376.319, 376.70,

21  and 376.75, unless the context clearly requires otherwise, the

22  term:

23         (47)  "Nearby real property owner" means the individual

24  or entity that is vested with ownership, dominion, or legal or

25  rightful title to real property, or that has a ground lease in

26  real property, onto which drycleaning solvent has migrated

27  through soil or groundwater from a drycleaning or wholesale

28  supply facility eligible for site rehabilitation under s.

29  376.3078(3) or from a drycleaning or wholesale supply facility

30  that is approved by the department for voluntary cleanup

31  pursuant to s. 376.3078(11).

                                  1

    File original & 9 copies    02/22/02
    hjo0005                     11:13 am         01541-jo  -032353




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1541

    Amendment No. 01 (for drafter's use only)





  1         Section 2.  Subsection (1), (3) and (11) of section

  2  376.3078, Florida Statutes, are amended to read:

  3         376.3078  Drycleaning facility restoration; funds;

  4  uses; liability; recovery of expenditures.--

  5         (1)  FINDINGS.--In addition to the legislative findings

  6  set forth in s. 376.30, the Legislature finds and declares

  7  that:

  8         (a)  Significant quantities of drycleaning solvents

  9  have been discharged in the past at drycleaning facilities as

10  part of the normal operation of these facilities.

11         (b)  Discharges of drycleaning solvents at such

12  drycleaning facilities have occurred and are occurring, and

13  pose a significant threat to the quality of the groundwaters

14  and inland surface waters of this state.

15         (c)  Where contamination of the groundwater or surface

16  water has occurred, remedial measures have often been delayed

17  for long periods while determinations as to liability and the

18  extent of liability are made, and such delays result in the

19  continuation and intensification of the threat to the public

20  health, safety, and welfare; in greater damage to the

21  environment; and in significantly higher costs to contain and

22  remove the contamination.

23         (d)  Adequate financial resources must be readily

24  available to provide for the expeditious supply of safe and

25  reliable alternative sources of potable water to affected

26  persons and to provide a means for investigation and

27  rehabilitation of contaminated sites without delay.

28         (e)  It is the intent of the Legislature to encourage

29  real property owners to undertake the voluntary cleanup of

30  property contaminated with drycleaning solvents and that the

31  immunity provisions of this section and all other available

                                  2

    File original & 9 copies    02/22/02
    hjo0005                     11:13 am         01541-jo  -032353




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1541

    Amendment No. 01 (for drafter's use only)





  1  defenses be construed in favor of real property owners.

  2         (f)  Strong public interests are served by the

  3  provisions of subsections 376.3078(3) and (11) such as

  4  improving the marketability and use of, and ability to borrow

  5  funds as to, property contaminated by drycleaning solvents and

  6  encouraging the voluntary remediation of contaminated sites.

  7  The extent to which claims or rights are affected by

  8  subsections 376.3078(3) and (11) is offset by the remedies

  9  created in this section and the limitations imposed by these

10  subsections on such claims or rights are reasonable when

11  balanced against the public interests served.  The claims or

12  right affected by subsections 376.3078(3) and (11) are

13  speculative and these subsections are intended to prevent

14  judicial interpretations allowing windfall awards that thwart

15  the public interest provisions of this section.

16         (3)  REHABILITATION LIABILITY.--(a)In accordance with

17  the eligibility provisions of this section, no real property

18  owner or nearby real property owner or no person who owns or

19  operates, or who otherwise could be liable as a result of the

20  operation of, a drycleaning facility or a wholesale supply

21  facility shall be liable for or subject to:

22         1.  Claims of any person, except for any governmental

23  entity, for property damages of any kind, including, but not

24  limited to, diminished value of real property or improvements,

25  lost or delayed rent or sale or use of real property or

26  improvements, or stigma to real property or improvements

27  caused by drycleaning solvent contamination, or

28         2.  Administrative or judicial action brought by or on

29  behalf of any state or local government or agency thereof or

30  by or on behalf of any person to compel rehabilitation or pay

31  for the costs of rehabilitation of environmental contamination

                                  3

    File original & 9 copies    02/22/02
    hjo0005                     11:13 am         01541-jo  -032353




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1541

    Amendment No. 01 (for drafter's use only)





  1  resulting from the discharge of drycleaning solvents.

  2         Subject to the delays that may occur as a result of the

  3  prioritization of sites under this section for any qualified

  4  site, costs for activities described in paragraph (2)(b) shall

  5  be absorbed at the expense of the drycleaning facility

  6  restoration funds, without recourse to reimbursement or

  7  recovery from the real property owner, nearby real property

  8  owner, or the owner or operator of the drycleaning facility or

  9  the wholesale supply facility.  Notwithstanding any other

10  provisions of chapter 376 to the contrary, the provisions of

11  this subsection shall apply to causes of action accruing

12  before the effective date of this act, for which no lawsuit

13  has been filed.

14         (b)  The real property owner shall provide the

15  following documents to any nearby real property owner upon

16  request:

17         1.  An authentic copy of the department's Order of

18  Eligibility for the drycleaning solvent contamination,

19  suitable for recordation in the public records of any county;

20  and

21         2.  All other reasonably available public records

22  regarding the drycleaning solvent contamination, including,

23  but not limited to, copies of any soil or groundwater tests

24  and site assessment reports.

25         The department shall assist the real property owner to

26  provide such documentation.  The real property owner shall

27  record an authentic copy of the Order of Eligibility or other

28  documentation at the request of any nearby real property owner

29  in the appropriate public records for the nearby real

30  property.

31         (c)(a)  With regard to drycleaning facilities or

                                  4

    File original & 9 copies    02/22/02
    hjo0005                     11:13 am         01541-jo  -032353




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1541

    Amendment No. 01 (for drafter's use only)





  1  wholesale supply facilities that have operated as drycleaning

  2  facilities or wholesale supply facilities on or after October

  3  1, 1994, any such drycleaning facility or wholesale supply

  4  facility at which there exists contamination by drycleaning

  5  solvents shall be eligible under this subsection regardless of

  6  when the drycleaning contamination was discovered, provided

  7  that the drycleaning facility or the wholesale supply

  8  facility:

  9         1.  Has been registered with the department;

10         2.  Is determined by the department to be in compliance

11  with the department's rules regulating drycleaning solvents,

12  drycleaning facilities, or wholesale supply facilities on or

13  after November 19, 1980;

14         3.  Has not been operated in a grossly negligent manner

15  at any time on or after November 19, 1980;

16         4.  Has not been identified to qualify for listing, nor

17  is listed, on the National Priority List pursuant to the

18  Comprehensive Environmental Response, Compensation, and

19  Liability Act of 1980 as amended by the Superfund Amendments

20  and Reauthorization Act of 1986, and as subsequently amended;

21         5.  Is not under an order from the United States

22  Environmental Protection Agency pursuant to s. 3008(h) of the

23  Resource Conservation and Recovery Act as amended (42 U.S.C.A.

24  s. 6928(h)), or has not obtained and is not required to obtain

25  a permit for the operation of a hazardous waste treatment,

26  storage, or disposal facility, a postclosure permit, or a

27  permit pursuant to the federal Hazardous and Solid Waste

28  Amendments of 1984;

29

30  and provided that the real property owner or the owner or

31  operator of the drycleaning facility or the wholesale supply

                                  5

    File original & 9 copies    02/22/02
    hjo0005                     11:13 am         01541-jo  -032353




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1541

    Amendment No. 01 (for drafter's use only)





  1  facility has not willfully concealed the discharge of

  2  drycleaning solvents and has remitted all taxes due pursuant

  3  to ss. 376.70 and 376.75, has provided documented evidence of

  4  contamination by drycleaning solvents as required by the rules

  5  developed pursuant to this section, has reported the

  6  contamination prior to December 31, 1998, and has not denied

  7  the department access to the site.

  8         (d)(b)  With regard to drycleaning facilities or

  9  wholesale supply facilities that cease to be operated as

10  drycleaning facilities or wholesale supply facilities prior to

11  October 1, 1994, such facilities, at which there exists

12  contamination by drycleaning solvents, shall be eligible under

13  this subsection regardless of when the contamination was

14  discovered, provided that the drycleaning facility or

15  wholesale supply facility:

16         1.  Was not determined by the department, within a

17  reasonable time after the department's discovery, to have been

18  out of compliance with the department rules regulating

19  drycleaning solvents, drycleaning facilities, or wholesale

20  supply facilities implemented at any time on or after November

21  19, 1980;

22         2.  Was not operated in a grossly negligent manner at

23  any time on or after November 19, 1980;

24         3.  Has not been identified to qualify for listing, nor

25  is listed, on the National Priority List pursuant to the

26  Comprehensive Environmental Response, Compensation, and

27  Liability Act of 1980, as amended by the Superfund Amendments

28  and Reauthorization Act of 1986, and as subsequently amended;

29  and

30         4.  Is not under an order from the United States

31  Environmental Protection Agency pursuant to s. 3008(h) of the

                                  6

    File original & 9 copies    02/22/02
    hjo0005                     11:13 am         01541-jo  -032353




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1541

    Amendment No. 01 (for drafter's use only)





  1  Resource Conservation and Recovery Act, as amended, or has not

  2  obtained and is not required to obtain a permit for the

  3  operation of a hazardous waste treatment, storage, or disposal

  4  facility, a postclosure permit, or a permit pursuant to the

  5  federal Hazardous and Solid Waste Amendments of 1984;

  6

  7  and provided that the real property owner or the owner or

  8  operator of the drycleaning facility or the wholesale supply

  9  facility has not willfully concealed the discharge of

10  drycleaning solvents, has provided documented evidence of

11  contamination by drycleaning solvents as required by the rules

12  developed pursuant to this section, has reported the

13  contamination prior to December 31, 1998, and has not denied

14  the department access to the site.

15         (e)(c)  For purposes of determining eligibility, a

16  drycleaning facility or wholesale supply facility was operated

17  in a grossly negligent manner if the department determines

18  that the owner or operator of the drycleaning facility or the

19  wholesale supply facility:

20         1.  Willfully discharged drycleaning solvents onto the

21  soils or into the waters of the state after November 19, 1980,

22  with the knowledge, intent, and purpose that the discharge

23  would result in harm to the environment or to public health or

24  result in a violation of the law;

25         2.  Willfully concealed a discharge of drycleaning

26  solvents with the knowledge, intent, and purpose that the

27  concealment would result in harm to the environment or to

28  public health or result in a violation of the law; or

29         3.  Willfully violated a local, state, or federal law

30  or rule regulating the operation of drycleaning facilities or

31  wholesale supply facilities with the knowledge, intent, and

                                  7

    File original & 9 copies    02/22/02
    hjo0005                     11:13 am         01541-jo  -032353




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1541

    Amendment No. 01 (for drafter's use only)





  1  purpose that the act would result in harm to the environment

  2  or to public health or result in a violation of the law.

  3         (f)(d)1.  With respect to eligible drycleaning solvent

  4  contamination reported to the department as part of a

  5  completed application as required by the rules developed

  6  pursuant to this section by June 30, 1997, the costs of

  7  activities described in paragraph (2)(b) shall be absorbed at

  8  the expense of the drycleaning facility restoration funds,

  9  less a $1,000 deductible per incident, which shall be paid by

10  the applicant or current property owner. The deductible shall

11  be paid within 60 days after receipt of billing by the

12  department.

13         2.  For contamination reported to the department as

14  part of a completed application as required by the rules

15  developed under this section, from July 1, 1997, through

16  September 30, 1998, the costs shall be absorbed at the expense

17  of the drycleaning facility restoration funds, less a $5,000

18  deductible per incident. The deductible shall be paid within

19  60 days after receipt of billing by the department.

20         3.  For contamination reported to the department as

21  part of a completed application as required by the rules

22  developed pursuant to this section from October 1, 1998,

23  through December 31, 1998, the costs shall be absorbed at the

24  expense of the drycleaning facility restoration funds, less a

25  $10,000 deductible per incident. The deductible shall be paid

26  within 60 days after receipt of billing by the department.

27         4.  For contamination reported after December 31, 1998,

28  no costs will be absorbed at the expense of the drycleaning

29  facility restoration funds.

30         (g)(e)  The provisions of this subsection shall not

31  apply to any site where the department has been denied site

                                  8

    File original & 9 copies    02/22/02
    hjo0005                     11:13 am         01541-jo  -032353




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1541

    Amendment No. 01 (for drafter's use only)





  1  access to implement the provisions of this section.

  2         (h)(f)  In order to identify those drycleaning

  3  facilities and wholesale supply facilities that have

  4  experienced contamination resulting from the discharge of

  5  drycleaning solvents and to ensure the most expedient

  6  rehabilitation of such sites, the owners and operators of

  7  drycleaning facilities and wholesale supply facilities are

  8  encouraged to detect and report contamination from drycleaning

  9  solvents related to the operation of drycleaning facilities

10  and wholesale supply facilities.  The department shall

11  establish reasonable guidelines for the written reporting of

12  drycleaning contamination and shall distribute forms to

13  registrants under s. 376.303(1)(d), and to other interested

14  parties upon request, to be used for such purpose.

15         (i)(g)  A report of drycleaning solvent contamination

16  at a drycleaning facility or wholesale supply facility made to

17  the department by any person in accordance with this

18  subsection, or any rules promulgated pursuant hereto, may not

19  be used directly as evidence of liability for such discharge

20  in any civil or criminal trial arising out of the discharge.

21         (j)(h)  The provisions of this subsection shall not

22  apply to drycleaning facilities owned or operated by the state

23  or Federal Government.

24         (k)(i)  Due to the value of Florida's potable water, it

25  is the intent of the Legislature that the department initiate

26  and facilitate as many cleanups as possible utilizing the

27  resources of the state, local governments, and the private

28  sector. The department is authorized to adopt necessary rules

29  and enter into contracts to carry out the intent of this

30  subsection and to limit or prevent future contamination from

31  the operation of drycleaning facilities and wholesale supply

                                  9

    File original & 9 copies    02/22/02
    hjo0005                     11:13 am         01541-jo  -032353




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1541

    Amendment No. 01 (for drafter's use only)





  1  facilities.

  2         (l)(j)  It is not the intent of the Legislature that

  3  the state become the owner or operator of a drycleaning

  4  facility or wholesale supply facility by engaging in

  5  state-conducted cleanup.

  6         (m)(k)  The owner, operator, and either the real

  7  property owner or agent of the real property owner may apply

  8  for the Drycleaning Contamination Cleanup Program by jointly

  9  submitting a completed application package to the department

10  pursuant to the rules that shall be adopted by the department.

11  If the application cannot be jointly submitted, then the

12  applicant shall provide notice of the application to other

13  interested parties. After reviewing the completed application

14  package, the department shall notify the applicant in writing

15  as to whether the drycleaning facility or wholesale supply

16  facility is eligible for the program. If the department denies

17  eligibility for a completed application package, the notice of

18  denial shall specify the reasons for the denial, including

19  specific and substantive findings of fact, and shall

20  constitute agency action subject to the provisions of chapter

21  120.  For the purposes of ss. 120.569 and 120.57, the real

22  property owner and the owner and operator of a drycleaning

23  facility or wholesale supply facility which is the subject of

24  a decision by the department with regard to eligibility shall

25  be deemed to be parties whose substantial interests are

26  determined by the department's decision to approve or deny

27  eligibility.

28         (n)(l)  Eligibility under this subsection applies to

29  the drycleaning facility or wholesale supply facility, and

30  attendant site rehabilitation applies to such facilities and

31  to any place where drycleaning solvent contamination migrating

                                  10

    File original & 9 copies    02/22/02
    hjo0005                     11:13 am         01541-jo  -032353




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1541

    Amendment No. 01 (for drafter's use only)





  1  from the eligible facility is found to be located.  A

  2  determination of eligibility or ineligibility shall not be

  3  affected by any conveyance of the ownership of the drycleaning

  4  facility, wholesale supply facility, or the real property on

  5  which such facility is located.  Nothing contained in this

  6  chapter shall be construed to allow a drycleaning facility or

  7  wholesale supply facility which would not be eligible under

  8  this subsection to become eligible as a result of the

  9  conveyance of the ownership of the ineligible drycleaning

10  facility or wholesale supply facility to another owner.

11         (o)(m)  If funding for the drycleaning contamination

12  rehabilitation program is eliminated, the provisions of this

13  subsection shall not apply.

14         (p)(n)1.  The department shall have the authority to

15  cancel the eligibility of any drycleaning facility or

16  wholesale supply facility that submits fraudulent information

17  in the application package or that fails to continuously

18  comply with the conditions of eligibility set forth in this

19  subsection, or has not remitted all fees pursuant to s.

20  376.303(1)(d), or has not remitted the deductible payments

21  pursuant to paragraph (f)(d).

22         2.  If the program eligibility of a drycleaning

23  facility or wholesale supply facility is subject to

24  cancellation pursuant to this section, then the department

25  shall notify the applicant in writing of its intent to cancel

26  program eligibility and shall state the reason or reasons for

27  cancellation. The applicant shall have 45 days to resolve the

28  reason or reasons for cancellation to the satisfaction of the

29  department.  If, after 45 days, the applicant has not resolved

30  the reason or reasons for cancellation to the satisfaction of

31  the department, the order of cancellation shall become final

                                  11

    File original & 9 copies    02/22/02
    hjo0005                     11:13 am         01541-jo  -032353




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1541

    Amendment No. 01 (for drafter's use only)





  1  and shall be subject to the provisions of chapter 120.

  2         (q)(o)  A real property owner shall not be subject to

  3  administrative or judicial action brought by or on behalf of

  4  any person or local or state government, or agency thereof,

  5  for gross negligence or violations of department rules prior

  6  to January 1, 1990, which resulted from the operation of a

  7  drycleaning facility, provided that the real property owner

  8  demonstrates that:

  9         1.  The real property owner had ownership in the

10  property at the time of the gross negligence or violation of

11  department rules and did not cause or contribute to

12  contamination on the property;

13         2.  The real property owner was a distinct and separate

14  entity from the owner and operator of the drycleaning

15  facility, and did not have an ownership interest in or share

16  in the profits of the drycleaning facility;

17         3.  The real property owner did not participate in the

18  operation or management of the drycleaning facility;

19         4.  The real property owner complied with all discharge

20  reporting requirements, and did not conceal any contamination;

21  and

22         5.  The department has not been denied access.

23

24  The defense provided by this paragraph does not apply to any

25  liability under a federally delegated program.

26         (r)(p)  A person whose property becomes contaminated

27  due to geophysical or hydrologic reasons from the operation of

28  a nearby drycleaning or wholesale supply facility and whose

29  property has never been occupied by a business that utilized

30  or stored drycleaning solvents or similar constituents is not

31  subject to administrative or judicial action brought by or on

                                  12

    File original & 9 copies    02/22/02
    hjo0005                     11:13 am         01541-jo  -032353




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1541

    Amendment No. 01 (for drafter's use only)





  1  behalf of another to compel the rehabilitation of or the

  2  payment of the costs for the rehabilitation of sites

  3  contaminated by drycleaning solvents, provided that the

  4  person:

  5         1.  Does not own and has never held an ownership

  6  interest in, or shared in the profits of, the drycleaning

  7  facility operated at the source location;

  8         2.  Did not participate in the operation or management

  9  of the drycleaning facility at the source location; and

10         3.  Did not cause, contribute to, or exacerbate the

11  release or threat of release of any hazardous substance

12  through any act or omission.

13

14  The defense provided by this paragraph does not apply to any

15  liability under a federally delegated program.

16         (s)(q)  Nothing in this subsection precludes the

17  department from considering information and documentation

18  provided by private consultants, local government programs,

19  federal agencies, or any individual which is relevant to an

20  eligibility determination if the department provides the

21  applicant with reasonable access to the information and its

22  origin.

23         (11)  VOLUNTARY CLEANUP.--A real property owner is

24  authorized to conduct site rehabilitation activities at any

25  time pursuant to department rules, either through agents of

26  the real property owner or through responsible response action

27  contractors or subcontractors, whether or not the facility has

28  been determined by the department to be eligible for the

29  drycleaning solvent cleanup program.  A real property owner or

30  any other person whothat conducts site rehabilitation may not

31  seek cost recovery from the department or the Water Quality

                                  13

    File original & 9 copies    02/22/02
    hjo0005                     11:13 am         01541-jo  -032353




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1541

    Amendment No. 01 (for drafter's use only)





  1  Assurance Trust Fund for any such rehabilitation activities. A

  2  real property owner whothat voluntarily conducts such site

  3  rehabilitation, whether commenced before or on or after

  4  October 1, 1995, shall be immune from, and shall have no

  5  liability for claims of any person, except for any

  6  governmental entity, for property damages of any kind,

  7  including, but not limited to, diminished value of real

  8  property or improvements, lost or delayed rent or sale or use

  9  of real property or improvements, or stigma to real property

10  or improvements caused by drycleaning solvent contamination or

11  liability to administrative or judicial action brought by or

12  on behalf of any person, state or local government, or agency

13  thereof to compel or enjoin site rehabilitation or pay for the

14  cost of rehabilitation of environmental contamination, or to

15  pay any fines or penalties regarding rehabilitation, as soon

16  as the real property owner:

17         (a)  Conducts contamination assessment and site

18  rehabilitation consistent with state and federal laws and

19  rules;

20         (b)  Conducts such site rehabilitation in a timely

21  manner according to a rehabilitation schedule approved by the

22  department; and

23         (c)  Does not deny the department access to the site.

24  Upon completion of such site rehabilitation activities in

25  accordance with the requirements of this subsection, the

26  department shall render a site rehabilitation completion

27  order.

28         The immunity set forth in this subsection shall also

29  apply to any nearby real property owner.  The real property

30  owner shall provide upon request from any nearby real property

31  owner all reasonably available documentation in the public

                                  14

    File original & 9 copies    02/22/02
    hjo0005                     11:13 am         01541-jo  -032353




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1541

    Amendment No. 01 (for drafter's use only)





  1  records in reference to the drycleaning solvent contamination,

  2  including, but nor limited to, copies of any soil or

  3  groundwater tests and site assessment reports, and a copy of

  4  the department's approved Voluntary Cleanup Agreement.  The

  5  department shall assist the real property owner to provide

  6  such documentation.  This immunity shall continue to apply to

  7  any real property owner who transfers, conveys, leases, or

  8  sells property on which a drycleaning facility is located so

  9  long as the voluntary cleanup activities continue.

10  Notwithstanding any other provisions of chapter 376 to the

11  contrary, the provisions of this subsection shall apply to

12  causes of action accruing on or after the effective date of

13  this act, and shall apply retroactively to cause of action

14  accruing before the effective date of this act, for which no

15  lawsuit has been filed.

16         Section 3.  Subsection (6) of s. 376.308, Florida

17  Statutes, is amended to read:

18         376.308  Liabilities and defenses of facilities.--

19         (6)  Nothing herein shall be construed to affect

20  cleanup program eligibility under ss. 376.305(6), 376.3071,

21  376.3072, 376.3078, and 376.3079. Except as otherwise

22  expressly provided in this chapter, nothing in this chapter

23  shall affect, void, or defeat any immunity of any real

24  property owner or nearby real property owner under s.

25  376.3078.

26         Section 4.  Subsections (3) and (5) of s. 376.313 are

27  amended to read:

28         376.313  Nonexclusiveness of remedies and individual

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

30         (3)  Notwithstanding any other provision of lawExcept

31  as provided in ss. 376.3078(3) and 376.3078(11), nothing

                                  15

    File original & 9 copies    02/22/02
    hjo0005                     11:13 am         01541-jo  -032353




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1541

    Amendment No. 01 (for drafter's use only)





  1  contained in ss. 376.30-376.319 prohibits any person from

  2  bringing a cause of action in a court of competent

  3  jurisdiction for all damages resulting from a discharge or

  4  other condition of pollution covered by ss. 376.30-376.319.

  5  Nothing in this chapter shall prohibit or diminish a party's

  6  right to contribution from other parties jointly or severally

  7  liable for a prohibited discharge of pollutants or hazardous

  8  substances or other pollution conditions. Except as otherwise

  9  provided in subsection (4) or subsection (5), in any such

10  suit, it is not necessary for such person to plead or prove

11  negligence in any form or manner. Such person need only plead

12  and prove the fact of the prohibited discharge or other

13  pollutive condition and that it has occurred. The only

14  defenses to such cause of action shall be those specified in

15  s. 376.308.

16         (5)(a)  In any civil action against the owner or

17  operator of a drycleaning facility or a wholesale supply

18  facility, or the owner of the real property on which such

19  facility is located, if such facility is not eligible under s.

20  376.3078(3) and is not involved in voluntary cleanup pursuant

21  to s. 376.3078(11), for damages arising from the discharge of

22  drycleaning solvents from a drycleaning facility or wholesale

23  supply facility, the provisions of subsection (3) shall not

24  apply if it can be proven that, at the time of the discharge

25  the alleged damages resulted solely from a discharge from a

26  drycleaning facility or wholesale supply facility that was in

27  compliance with department rules regulating drycleaning

28  facilities or wholesale supply facilities.

29         (b)  Any person bringing such an action must prove

30  negligence in order to recover damages under this subsection.

31  For the purposes of this subsection, noncompliance with s.

                                  16

    File original & 9 copies    02/22/02
    hjo0005                     11:13 am         01541-jo  -032353




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1541

    Amendment No. 01 (for drafter's use only)





  1  376.303 or s. 376.3078, or any of the rules promulgated

  2  pursuant thereto, or any applicable state or federal law or

  3  regulation, as the same may hereafter be amended, shall be

  4  prima facie evidence of negligence.

  5         Section 5.  This act shall take effect upon becoming

  6  law.

  7

  8

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

10  And the title is amended as follows:

11         On page 1, lines 5-13 ,

12  remove:  all of said lines

13

14  and insert:

15         real property owner"; amending s. 376.3078,

16         F.S.; adding a statement of intent; exempting

17         certain real property owners and others from

18         claims for property damage arising from

19         contamination by drycleaning solvents; amending

20         s. 376.308, F.S.; revising provisions governing

21         the statutory construction of immunity

22         provisions; amending s. 376.313, F.S.; revising

23         provisions governing immunity; providing an

24         effective date.

25

26

27

28

29

30

31

                                  17

    File original & 9 copies    02/22/02
    hjo0005                     11:13 am         01541-jo  -032353