House Bill hb1541c1

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    Florida House of Representatives - 2002             CS/HB 1541

        By the Council for Smarter Government and Representative
    Ross





  1                      A bill to be entitled

  2         An act relating to liability under the

  3         drycleaning solvent cleanup program; amending

  4         s. 376.01, F.S.; defining the term "nearby real

  5         property owner"; amending s. 376.3078, F.S.;

  6         adding a statement of intent; exempting certain

  7         real property owners and others from claims for

  8         property damage arising from contamination by

  9         drycleaning solvents; amending s. 376.308,

10         F.S.; revising provisions governing the

11         statutory construction of immunity provisions;

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

13         governing immunity; amending s. 376.30781,

14         F.S.; correcting a cross reference; providing

15         an effective date.

16

17  Be It Enacted by the Legislature of the State of Florida:

18

19         Section 1.  Subsection (47) is added to section

20  376.301, Florida Statutes, to read:

21         376.301  Definitions of terms used in ss.

22  376.30-376.319, 376.70, and 376.75.--When used in ss.

23  376.30-376.319, 376.70, and 376.75, unless the context clearly

24  requires otherwise, the term:

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

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

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

28  real property, onto which drycleaning solvent has migrated

29  through soil or groundwater from a drycleaning or wholesale

30  supply facility eligible for site rehabilitation under s.

31  376.3078(3) or from a drycleaning or wholesale supply facility

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  1  that is approved by the department for voluntary cleanup

  2  pursuant to s. 376.3078(11).

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

  4  376.3078, Florida Statutes, are amended to read:

  5         376.3078  Drycleaning facility restoration; funds;

  6  uses; liability; recovery of expenditures.--

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

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

  9  that:

10         (a)  Significant quantities of drycleaning solvents

11  have been discharged in the past at drycleaning facilities as

12  part of the normal operation of these facilities.

13         (b)  Discharges of drycleaning solvents at such

14  drycleaning facilities have occurred and are occurring, and

15  pose a significant threat to the quality of the groundwaters

16  and inland surface waters of this state.

17         (c)  Where contamination of the groundwater or surface

18  water has occurred, remedial measures have often been delayed

19  for long periods while determinations as to liability and the

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

21  continuation and intensification of the threat to the public

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

23  environment; and in significantly higher costs to contain and

24  remove the contamination.

25         (d)  Adequate financial resources must be readily

26  available to provide for the expeditious supply of safe and

27  reliable alternative sources of potable water to affected

28  persons and to provide a means for investigation and

29  rehabilitation of contaminated sites without delay.

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

31  real property owners to undertake the voluntary cleanup of

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  1  property contaminated with drycleaning solvents and that the

  2  immunity provisions of this section and all other available

  3  defenses be construed in favor of real property owners.

  4         (f)  Strong public interests are served by the

  5  provisions of subsections (3) and (11) such as improving the

  6  marketability and use of, and ability to borrow funds as to,

  7  property contaminated by drycleaning solvents and encouraging

  8  the voluntary remediation of contaminated sites.  The extent

  9  to which claims or rights are affected by subsections (3) and

10  (11) is offset by the remedies created in this section and the

11  limitations imposed by these subsections on such claims or

12  rights are reasonable when balanced against the public

13  interests served.  The claims or right affected by subsections

14  (3) and (11) are speculative and these subsections are

15  intended to prevent judicial interpretations allowing windfall

16  awards that thwart the public interest provisions of this

17  section.

18         (3)  REHABILITATION LIABILITY.--

19         (a)  In accordance with the eligibility provisions of

20  this section, no real property owner or nearby real property

21  owner or no person who owns or operates, or who otherwise

22  could be liable as a result of the operation of, a drycleaning

23  facility or a wholesale supply facility shall be liable for or

24  subject to:

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

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

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

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

29  improvements, or stigma to real property or improvements

30  caused by drycleaning solvent contamination;

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  1         2.  Administrative or judicial action brought by or on

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

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

  4  for the costs of rehabilitation of environmental contamination

  5  resulting from the discharge of drycleaning solvents; or.

  6

  7  Subject to The delays that may occur as a result of the

  8  prioritization of sites under this section for any qualified

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

10  be absorbed at the expense of the drycleaning facility

11  restoration funds, without recourse to reimbursement or

12  recovery from the real property owner, nearby real property

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

14  the wholesale supply facility. Notwithstanding any other

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

16  this subsection shall apply to causes of action accruing on or

17  after the effective date of this act, and shall apply

18  retroactively to causes of action accruing before the

19  effective date of this act, for which no lawsuit has been

20  filed.

21         (b)  The real property owner shall provide the

22  following documents to any nearby real property owner upon

23  request:

24         1.  An authentic copy of the department's order of

25  eligibility for the drycleaning solvent contamination,

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

27  and

28         2.  All other reasonably available public records

29  regarding the drycleaning solvent contamination, including,

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

31  and site assessment reports.

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  1

  2  The department shall assist the real property owner to provide

  3  such documentation.  The real property owner shall record an

  4  authentic copy of the order of eligibility or other

  5  documentation at the request of any nearby real property owner

  6  in the appropriate public records for the nearby real

  7  property.

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

  9  wholesale supply facilities that have operated as drycleaning

10  facilities or wholesale supply facilities on or after October

11  1, 1994, any such drycleaning facility or wholesale supply

12  facility at which there exists contamination by drycleaning

13  solvents shall be eligible under this subsection regardless of

14  when the drycleaning contamination was discovered, provided

15  that the drycleaning facility or the wholesale supply

16  facility:

17         1.  Has been registered with the department;

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

19  with the department's rules regulating drycleaning solvents,

20  drycleaning facilities, or wholesale supply facilities on or

21  after November 19, 1980;

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

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

24         4.  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         5.  Is not under an order from the United States

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

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

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

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

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

  4  permit pursuant to the federal Hazardous and Solid Waste

  5  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 and has remitted all taxes due pursuant

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

12  contamination by drycleaning solvents as required by the rules

13  developed pursuant to this section, has reported the

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

15  the department access to the site.

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

17  wholesale supply facilities that cease to be operated as

18  drycleaning facilities or wholesale supply facilities prior to

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

20  contamination by drycleaning solvents, shall be eligible under

21  this subsection regardless of when the contamination was

22  discovered, provided that the drycleaning facility or

23  wholesale supply facility:

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

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

26  out of compliance with the department rules regulating

27  drycleaning solvents, drycleaning facilities, or wholesale

28  supply facilities implemented at any time on or after November

29  19, 1980;

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

31  any time on or after November 19, 1980;

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

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

  3  Comprehensive Environmental Response, Compensation, and

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

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

  6  and

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

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

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

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

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

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

13  federal Hazardous and Solid Waste Amendments of 1984;

14

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

16  operator of the drycleaning facility or the wholesale supply

17  facility has not willfully concealed the discharge of

18  drycleaning solvents, has provided documented evidence of

19  contamination by drycleaning solvents as required by the rules

20  developed pursuant to this section, has reported the

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

22  the department access to the site.

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

24  drycleaning facility or wholesale supply facility was operated

25  in a grossly negligent manner if the department determines

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

27  wholesale supply facility:

28         1.  Willfully discharged drycleaning solvents onto the

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

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

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

  2  result in a violation of the law;

  3         2.  Willfully concealed a discharge of drycleaning

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

  5  concealment would result in harm to the environment or to

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

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

  8  or rule regulating the operation of drycleaning facilities or

  9  wholesale supply facilities with the knowledge, intent, and

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

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

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

13  contamination reported to the department as part of a

14  completed application as required by the rules developed

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

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

17  the expense of the drycleaning facility restoration funds,

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

19  the applicant or current property owner. The deductible shall

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

21  department.

22         2.  For contamination reported to the department as

23  part of a completed application as required by the rules

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

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

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

27  deductible per incident. The deductible shall be paid within

28  60 days after receipt of billing by the department.

29         3.  For contamination reported to the department as

30  part of a completed application as required by the rules

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

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

  2  expense of the drycleaning facility restoration funds, less a

  3  $10,000 deductible per incident. The deductible shall be paid

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

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

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

  7  facility restoration funds.

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

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

10  access to implement the provisions of this section.

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

12  facilities and wholesale supply facilities that have

13  experienced contamination resulting from the discharge of

14  drycleaning solvents and to ensure the most expedient

15  rehabilitation of such sites, the owners and operators of

16  drycleaning facilities and wholesale supply facilities are

17  encouraged to detect and report contamination from drycleaning

18  solvents related to the operation of drycleaning facilities

19  and wholesale supply facilities.  The department shall

20  establish reasonable guidelines for the written reporting of

21  drycleaning contamination and shall distribute forms to

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

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

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

25  at a drycleaning facility or wholesale supply facility made to

26  the department by any person in accordance with this

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

28  be used directly as evidence of liability for such discharge

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

30

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

  2  apply to drycleaning facilities owned or operated by the state

  3  or Federal Government.

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

  5  is the intent of the Legislature that the department initiate

  6  and facilitate as many cleanups as possible utilizing the

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

  8  sector. The department is authorized to adopt necessary rules

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

10  subsection and to limit or prevent future contamination from

11  the operation of drycleaning facilities and wholesale supply

12  facilities.

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

14  the state become the owner or operator of a drycleaning

15  facility or wholesale supply facility by engaging in

16  state-conducted cleanup.

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

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

19  for the Drycleaning Contamination Cleanup Program by jointly

20  submitting a completed application package to the department

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

22  If the application cannot be jointly submitted, then the

23  applicant shall provide notice of the application to other

24  interested parties. After reviewing the completed application

25  package, the department shall notify the applicant in writing

26  as to whether the drycleaning facility or wholesale supply

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

28  eligibility for a completed application package, the notice of

29  denial shall specify the reasons for the denial, including

30  specific and substantive findings of fact, and shall

31  constitute agency action subject to the provisions of chapter

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

  2  property owner and the owner and operator of a drycleaning

  3  facility or wholesale supply facility which is the subject of

  4  a decision by the department with regard to eligibility shall

  5  be deemed to be parties whose substantial interests are

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

  7  eligibility.

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

  9  the drycleaning facility or wholesale supply facility, and

10  attendant site rehabilitation applies to such facilities and

11  to any place where drycleaning solvent contamination migrating

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

13  determination of eligibility or ineligibility shall not be

14  affected by any conveyance of the ownership of the drycleaning

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

16  which such facility is located.  Nothing contained in this

17  chapter shall be construed to allow a drycleaning facility or

18  wholesale supply facility which would not be eligible under

19  this subsection to become eligible as a result of the

20  conveyance of the ownership of the ineligible drycleaning

21  facility or wholesale supply facility to another owner.

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

23  rehabilitation program is eliminated, the provisions of this

24  subsection shall not apply.

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

26  cancel the eligibility of any drycleaning facility or

27  wholesale supply facility that submits fraudulent information

28  in the application package or that fails to continuously

29  comply with the conditions of eligibility set forth in this

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

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

  2  pursuant to paragraph (f)(d).

  3         2.  If the program eligibility of a drycleaning

  4  facility or wholesale supply facility is subject to

  5  cancellation pursuant to this section, then the department

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

  7  program eligibility and shall state the reason or reasons for

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

  9  reason or reasons for cancellation to the satisfaction of the

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

11  the reason or reasons for cancellation to the satisfaction of

12  the department, the order of cancellation shall become final

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

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

15  administrative or judicial action brought by or on behalf of

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

17  for gross negligence or violations of department rules prior

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

19  drycleaning facility, provided that the real property owner

20  demonstrates that:

21         1.  The real property owner had ownership in the

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

23  department rules and did not cause or contribute to

24  contamination on the property;

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

26  entity from the owner and operator of the drycleaning

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

28  in the profits of the drycleaning facility;

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

30  operation or management of the drycleaning facility;

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  1         4.  The real property owner complied with all discharge

  2  reporting requirements, and did not conceal any contamination;

  3  and

  4         5.  The department has not been denied access.

  5

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

  7  liability under a federally delegated program.

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

  9  due to geophysical or hydrologic reasons from the operation of

10  a nearby drycleaning or wholesale supply facility and whose

11  property has never been occupied by a business that utilized

12  or stored drycleaning solvents or similar constituents is not

13  subject to administrative or judicial action brought by or on

14  behalf of another to compel the rehabilitation of or the

15  payment of the costs for the rehabilitation of sites

16  contaminated by drycleaning solvents, provided that the

17  person:

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

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

20  facility operated at the source location;

21         2.  Did not participate in the operation or management

22  of the drycleaning facility at the source location; and

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

24  release or threat of release of any hazardous substance

25  through any act or omission.

26

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

28  liability under a federally delegated program.

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

30  department from considering information and documentation

31  provided by private consultants, local government programs,

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

  2  eligibility determination if the department provides the

  3  applicant with reasonable access to the information and its

  4  origin.

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

  6  authorized to conduct site rehabilitation activities at any

  7  time pursuant to department rules, either through agents of

  8  the real property owner or through responsible response action

  9  contractors or subcontractors, whether or not the facility has

10  been determined by the department to be eligible for the

11  drycleaning solvent cleanup program.  A real property owner or

12  any other person who that conducts site rehabilitation may not

13  seek cost recovery from the department or the Water Quality

14  Assurance Trust Fund for any such rehabilitation activities. A

15  real property owner who that voluntarily conducts such site

16  rehabilitation, whether commenced before or on or after

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

18  liability for claims of any person, except for any

19  governmental entity, for property damages of any kind,

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

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

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

23  or improvements caused by drycleaning solvent contamination or

24  administrative or judicial action brought by or on behalf of

25  liability to any person, state or local government, or agency

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

27  cost of rehabilitation of environmental contamination, or to

28  pay any fines or penalties regarding rehabilitation, as soon

29  as the real property owner:

30

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  1         (a)  Conducts contamination assessment and site

  2  rehabilitation consistent with state and federal laws and

  3  rules;

  4         (b)  Conducts such site rehabilitation in a timely

  5  manner according to a rehabilitation schedule approved by the

  6  department; and

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

  8  Upon completion of such site rehabilitation activities in

  9  accordance with the requirements of this subsection, the

10  department shall render a site rehabilitation completion

11  order.

12

13  The immunity set forth in this subsection shall also apply to

14  any nearby real property owner.  The real property owner shall

15  provide upon request from any nearby real property owner all

16  reasonably available documentation in the public records in

17  reference to the drycleaning solvent contamination, including,

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

19  and site assessment reports, and a copy of the department's

20  approved voluntary cleanup agreement.  The department shall

21  assist the real property owner to provide such documentation.

22  This immunity shall continue to apply to any real property

23  owner who transfers, conveys, leases, or sells property on

24  which a drycleaning facility is located so long as the

25  voluntary cleanup activities continue. Notwithstanding any

26  other provisions of chapter 376 to the contrary, the

27  provisions of this subsection shall apply to causes of action

28  accruing on or after the effective date of this act, and shall

29  apply retroactively to causes of action accruing before the

30  effective date of this act, for which no lawsuit has been

31  filed.

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  1         Section 3.  Subsection (6) of section 376.308, Florida

  2  Statutes, is amended to read:

  3         376.308  Liabilities and defenses of facilities.--

  4         (6)  Nothing herein shall be construed to affect

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

  6  376.3072, 376.3078, and 376.3079. Except as otherwise

  7  expressly provided in this chapter, nothing in this chapter

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

  9  property owner or nearby real property owner under s.

10  376.3078.

11         Section 4.  Subsections (3) and (5) of section 376.313,

12  Florida Statutes, are amended to read:

13         376.313  Nonexclusiveness of remedies and individual

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

15         (3)  Notwithstanding any other provision of law Except

16  as provided in s. 376.3078(3) and (11), nothing contained in

17  ss. 376.30-376.319 prohibits any person from bringing a cause

18  of action in a court of competent jurisdiction for all damages

19  resulting from a discharge or other condition of pollution

20  covered by ss. 376.30-376.319. Nothing in this chapter shall

21  prohibit or diminish a party's right to contribution from

22  other parties jointly or severally liable for a prohibited

23  discharge of pollutants or hazardous substances or other

24  pollution conditions. Except as otherwise provided in

25  subsection (4) or subsection (5), in any such suit, it is not

26  necessary for such person to plead or prove negligence in any

27  form or manner. Such person need only plead and prove the fact

28  of the prohibited discharge or other pollutive condition and

29  that it has occurred. The only defenses to such cause of

30  action shall be those specified in s. 376.308.

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

  2  operator of a drycleaning facility or a wholesale supply

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

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

  5  376.3078(3) and is not involved in voluntary cleanup pursuant

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

  7  drycleaning solvents from a drycleaning facility or wholesale

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

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

10  the alleged damages resulted solely from a discharge from a

11  drycleaning facility or wholesale supply facility that was in

12  compliance with department rules regulating drycleaning

13  facilities or wholesale supply facilities.

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

15  negligence in order to recover damages under this subsection.

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

17  376.303 or s. 376.3078, or any of the rules promulgated

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

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

20  prima facie evidence of negligence.

21         Section 5.  Paragraph (b) of subsection (4) of section

22  376.30781, Florida Statutes, is amended to read:

23         376.30781  Partial tax credits for rehabilitation of

24  drycleaning-solvent-contaminated sites and brownfield sites in

25  designated brownfield areas; application process; rulemaking

26  authority; revocation authority.--

27         (4)  To claim the credit, each applicant must apply to

28  the Department of Environmental Protection for an allocation

29  of the $2 million annual credit by December 31 on a form

30  developed by the Department of Environmental Protection in

31  cooperation with the Department of Revenue. The form shall

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    Florida House of Representatives - 2002             CS/HB 1541

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  1  include an affidavit from each applicant certifying that all

  2  information contained in the application, including all

  3  records of costs incurred and claimed in the tax credit

  4  application, are true and correct. If the application is

  5  submitted pursuant to subparagraph (2)(a)2., the form must

  6  include an affidavit signed by the real property owner stating

  7  that it is not, and has never been, the owner or operator of

  8  the drycleaning facility where the contamination exists.

  9  Approval of partial tax credits must be accomplished on a

10  first-come, first-served basis based upon the date complete

11  applications are received by the Division of Waste Management.

12  An applicant shall submit only one application per site per

13  year. To be eligible for a tax credit the applicant must:

14         (b)  Have paid all deductibles pursuant to s.

15  376.3078(3)(f)(d) for eligible drycleaning-solvent-cleanup

16  program sites.

17         Section 6.  This act shall take effect upon becoming a

18  law.

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