Senate Bill sb0956e1

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  1                      A bill to be entitled

  2         An act relating to liability under the

  3         drycleaning solvent cleanup program; amending

  4         s. 376.301, F.S.; defining the term "nearby

  5         real property owner" with respect to protection

  6         and restoration of lands and surface and ground

  7         waters; amending s. 376.3078, F.S.; providing

  8         additional legislative findings with respect to

  9         drycleaning facility restoration; exempting

10         certain real property owners and nearby real

11         property owners from liability for damages

12         arising from contamination by drycleaning

13         solvents in certain circumstances; providing

14         for retroactive application; amending s.

15         376.30781, F.S.; conforming a cross-reference;

16         amending s. 376.3079, F.S.; redefining the term

17         "third-party liability" with respect to

18         third-party liability insurance; amending s.

19         376.308, F.S.; revising applicability of

20         provisions that set out liabilities and

21         defenses of facilities; amending s. 376.313,

22         F.S.; revising provisions that provide

23         nonexclusiveness of remedies and individual

24         causes of action; providing an effective date.

25  

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

27  

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

29  376.301, Florida Statutes, to read:

30         376.301  Definitions of terms used in ss.

31  376.30-376.319, 376.70, and 376.75.--When used in ss.


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 1  376.30-376.319, 376.70, and 376.75, unless the context clearly

 2  requires otherwise, the term:

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

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

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

 6  real property, onto which drycleaning solvent has migrated

 7  through soil or groundwater from a drycleaning facility or

 8  wholesale supply facility eligible for site rehabilitation

 9  under s. 376.3078(3) or from a drycleaning facility or

10  wholesale supply facility that is approved by the department

11  for voluntary cleanup under s. 376.3078(11).

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

13  376.3078, Florida Statutes, are amended to read:

14         376.3078  Drycleaning facility restoration; funds;

15  uses; liability; recovery of expenditures.--

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

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

18  that:

19         (a)  Significant quantities of drycleaning solvents

20  have been discharged in the past at drycleaning facilities as

21  part of the normal operation of these facilities.

22         (b)  Discharges of drycleaning solvents at such

23  drycleaning facilities have occurred and are occurring, and

24  pose a significant threat to the quality of the groundwaters

25  and inland surface waters of this state.

26         (c)  Where contamination of the groundwater or surface

27  water has occurred, remedial measures have often been delayed

28  for long periods while determinations as to liability and the

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

30  continuation and intensification of the threat to the public

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


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 1  environment; and in significantly higher costs to contain and

 2  remove the contamination.

 3         (d)  Adequate financial resources must be readily

 4  available to provide for the expeditious supply of safe and

 5  reliable alternative sources of potable water to affected

 6  persons and to provide a means for investigation and

 7  rehabilitation of contaminated sites without delay.

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

 9  real property owners to undertake the voluntary cleanup of

10  property contaminated with drycleaning solvents and that the

11  immunity provisions of this section and all other available

12  defenses be construed in favor of real property owners.

13         (f)  Strong public interests are served by subsections

14  (3) and (11). These include improving the marketability and

15  use of, and the ability to borrow funds as to, property

16  contaminated by drycleaning solvents and encouraging the

17  voluntary remediation of contaminated sites. The extent to

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

19  (11) is offset by the remedies created in this section. The

20  limitations imposed by these subsections on such claims or

21  rights are reasonable when balanced against the public

22  interests served. The claims or rights affected by subsections

23  (3) and (11) are speculative, and these subsections are

24  intended to prevent judicial interpretations allowing windfall

25  awards that thwart the public-interest provisions of this

26  section.

27         (3)  REHABILITATION LIABILITY.--

28         (a)  In accordance with the eligibility provisions of

29  this section, a no real property owner, nearby real property

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

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


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 1  facility or a wholesale supply facility is not liable for or

 2  shall be subject to administrative or judicial action brought

 3  by or on behalf of any state or local government or agency

 4  thereof or by or on behalf of any person to compel

 5  rehabilitation or pay for the costs of rehabilitation of

 6  environmental contamination resulting from the discharge of

 7  drycleaning solvents.

 8  

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

10  prioritization of sites under this section for any qualified

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

12  be absorbed at the expense of the drycleaning facility

13  restoration funds, without recourse to reimbursement or

14  recovery from the real property owner, nearby real property

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

16  the wholesale supply facility. Notwithstanding any other

17  provision of this chapter, this subsection applies to causes

18  of action accruing on or after the effective date of this act

19  and applies retroactively to causes of action accruing before

20  the effective date of this act for which a lawsuit has not

21  been filed before the effective date of this act.

22         (b)(a)  With regard to drycleaning facilities or

23  wholesale supply facilities that have operated as drycleaning

24  facilities or wholesale supply facilities on or after October

25  1, 1994, any such drycleaning facility or wholesale supply

26  facility at which there exists contamination by drycleaning

27  solvents shall be eligible under this subsection regardless of

28  when the drycleaning contamination was discovered, provided

29  that the drycleaning facility or the wholesale supply

30  facility:

31         1.  Has been registered with the department;


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

 2  with the department's rules regulating drycleaning solvents,

 3  drycleaning facilities, or wholesale supply facilities on or

 4  after November 19, 1980;

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

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

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

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

 9  Comprehensive Environmental Response, Compensation, and

10  Liability Act of 1980 as amended by the Superfund Amendments

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

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

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

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

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

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

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

18  permit pursuant to the federal Hazardous and Solid Waste

19  Amendments of 1984;

20  

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

22  operator of the drycleaning facility or the wholesale supply

23  facility has not willfully concealed the discharge of

24  drycleaning solvents and has remitted all taxes due pursuant

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

26  contamination by drycleaning solvents as required by the rules

27  developed pursuant to this section, has reported the

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

29  the department access to the site.

30         (c)(b)  With regard to drycleaning facilities or

31  wholesale supply facilities that cease to be operated as


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 1  drycleaning facilities or wholesale supply facilities prior to

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

 3  contamination by drycleaning solvents, shall be eligible under

 4  this subsection regardless of when the contamination was

 5  discovered, provided that the drycleaning facility or

 6  wholesale supply facility:

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

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

 9  out of compliance with the department rules regulating

10  drycleaning solvents, drycleaning facilities, or wholesale

11  supply facilities implemented at any time on or after November

12  19, 1980;

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

14  any time on or after November 19, 1980;

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

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

17  Comprehensive Environmental Response, Compensation, and

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

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

20  and

21         4.  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, or has not

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

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

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

27  federal Hazardous and Solid Waste Amendments of 1984;

28  

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

30  operator of the drycleaning facility or the wholesale supply

31  facility has not willfully concealed the discharge of


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 1  drycleaning solvents, has provided documented evidence of

 2  contamination by drycleaning solvents as required by the rules

 3  developed pursuant to this section, has reported the

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

 5  the department access to the site.

 6         (d)(c)  For purposes of determining eligibility, a

 7  drycleaning facility or wholesale supply facility was operated

 8  in a grossly negligent manner if the department determines

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

10  wholesale supply facility:

11         1.  Willfully discharged drycleaning solvents onto the

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

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

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

15  result in a violation of the law;

16         2.  Willfully concealed a discharge of drycleaning

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

18  concealment would result in harm to the environment or to

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

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

21  or rule regulating the operation of drycleaning facilities or

22  wholesale supply facilities with the knowledge, intent, and

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

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

25         (e)(d)1.  With respect to eligible drycleaning solvent

26  contamination reported to the department as part of a

27  completed application as required by the rules developed

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

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

30  the expense of the drycleaning facility restoration funds,

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


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 1  the applicant or current property owner. The deductible shall

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

 3  department.

 4         2.  For contamination reported to the department as

 5  part of a completed application as required by the rules

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

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

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

 9  deductible per incident. The deductible shall be paid within

10  60 days after receipt of billing by the department.

11         3.  For contamination reported to the department as

12  part of a completed application as required by the rules

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

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

15  expense of the drycleaning facility restoration funds, less a

16  $10,000 deductible per incident. The deductible shall be paid

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

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

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

20  facility restoration funds.

21         (f)(e)  The provisions of this subsection shall not

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

23  access to implement the provisions of this section.

24         (g)(f)  In order to identify those drycleaning

25  facilities and wholesale supply facilities that have

26  experienced contamination resulting from the discharge of

27  drycleaning solvents and to ensure the most expedient

28  rehabilitation of such sites, the owners and operators of

29  drycleaning facilities and wholesale supply facilities are

30  encouraged to detect and report contamination from drycleaning

31  solvents related to the operation of drycleaning facilities


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 1  and wholesale supply facilities.  The department shall

 2  establish reasonable guidelines for the written reporting of

 3  drycleaning contamination and shall distribute forms to

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

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

 6         (h)(g)  A report of drycleaning solvent contamination

 7  at a drycleaning facility or wholesale supply facility made to

 8  the department by any person in accordance with this

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

10  be used directly as evidence of liability for such discharge

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

12         (i)(h)  The provisions of this subsection shall not

13  apply to drycleaning facilities owned or operated by the state

14  or Federal Government.

15         (j)(i)  Due to the value of Florida's potable water, it

16  is the intent of the Legislature that the department initiate

17  and facilitate as many cleanups as possible utilizing the

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

19  sector. The department is authorized to adopt necessary rules

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

21  subsection and to limit or prevent future contamination from

22  the operation of drycleaning facilities and wholesale supply

23  facilities.

24         (k)(j)  It is not the intent of the Legislature that

25  the state become the owner or operator of a drycleaning

26  facility or wholesale supply facility by engaging in

27  state-conducted cleanup.

28         (l)(k)  The owner, operator, and either the real

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

30  for the Drycleaning Contamination Cleanup Program by jointly

31  submitting a completed application package to the department


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

 2  If the application cannot be jointly submitted, then the

 3  applicant shall provide notice of the application to other

 4  interested parties. After reviewing the completed application

 5  package, the department shall notify the applicant in writing

 6  as to whether the drycleaning facility or wholesale supply

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

 8  eligibility for a completed application package, the notice of

 9  denial shall specify the reasons for the denial, including

10  specific and substantive findings of fact, and shall

11  constitute agency action subject to the provisions of chapter

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

13  property owner and the owner and operator of a drycleaning

14  facility or wholesale supply facility which is the subject of

15  a decision by the department with regard to eligibility shall

16  be deemed to be parties whose substantial interests are

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

18  eligibility.

19         (m)(l)  Eligibility under this subsection applies to

20  the drycleaning facility or wholesale supply facility, and

21  attendant site rehabilitation applies to such facilities and

22  to any place where drycleaning-solvent contamination migrating

23  from the eligible facility is found.  A determination of

24  eligibility or ineligibility shall not be affected by any

25  conveyance of the ownership of the drycleaning facility,

26  wholesale supply facility, or the real property on which such

27  facility is located.  Nothing contained in this chapter shall

28  be construed to allow a drycleaning facility or wholesale

29  supply facility which would not be eligible under this

30  subsection to become eligible as a result of the conveyance of

31  


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 1  the ownership of the ineligible drycleaning facility or

 2  wholesale supply facility to another owner.

 3         (n)(m)  If funding for the drycleaning contamination

 4  rehabilitation program is eliminated, the provisions of this

 5  subsection shall not apply.

 6         (o)(n)1.  The department shall have the authority to

 7  cancel the eligibility of any drycleaning facility or

 8  wholesale supply facility that submits fraudulent information

 9  in the application package or that fails to continuously

10  comply with the conditions of eligibility set forth in this

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

12  376.303(1)(d), or has not remitted the deductible payments

13  pursuant to paragraph (e) (d).

14         2.  If the program eligibility of a drycleaning

15  facility or wholesale supply facility is subject to

16  cancellation pursuant to this section, then the department

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

18  program eligibility and shall state the reason or reasons for

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

20  reason or reasons for cancellation to the satisfaction of the

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

22  the reason or reasons for cancellation to the satisfaction of

23  the department, the order of cancellation shall become final

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

25         (p)(o)  A real property owner shall not be subject to

26  administrative or judicial action brought by or on behalf of

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

28  for gross negligence or violations of department rules prior

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

30  drycleaning facility, provided that the real property owner

31  demonstrates that:


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 1         1.  The real property owner had ownership in the

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

 3  department rules and did not cause or contribute to

 4  contamination on the property;

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

 6  entity from the owner and operator of the drycleaning

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

 8  in the profits of the drycleaning facility;

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

10  operation or management of the drycleaning facility;

11         4.  The real property owner complied with all discharge

12  reporting requirements, and did not conceal any contamination;

13  and

14         5.  The department has not been denied access.

15  

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

17  liability under a federally delegated program.

18         (q)(p)  A person whose property becomes contaminated

19  due to geophysical or hydrologic reasons from the operation of

20  a nearby drycleaning or wholesale supply facility and whose

21  property has never been occupied by a business that utilized

22  or stored drycleaning solvents or similar constituents is not

23  subject to administrative or judicial action brought by or on

24  behalf of another to compel the rehabilitation of or the

25  payment of the costs for the rehabilitation of sites

26  contaminated by drycleaning solvents, provided that the

27  person:

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

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

30  facility operated at the source location;

31  


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 1         2.  Did not participate in the operation or management

 2  of the drycleaning facility at the source location; and

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

 4  release or threat of release of any hazardous substance

 5  through any act or omission.

 6  

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

 8  liability under a federally delegated program.

 9         (r)(q)  Nothing in this subsection precludes the

10  department from considering information and documentation

11  provided by private consultants, local government programs,

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

13  eligibility determination if the department provides the

14  applicant with reasonable access to the information and its

15  origin.

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

17  authorized to conduct site rehabilitation activities at any

18  time pursuant to department rules, either through agents of

19  the real property owner or through responsible response action

20  contractors or subcontractors, whether or not the facility has

21  been determined by the department to be eligible for the

22  drycleaning solvent cleanup program.  A real property owner or

23  any other person who that conducts site rehabilitation may not

24  seek cost recovery from the department or the Water Quality

25  Assurance Trust Fund for any such rehabilitation activities. A

26  real property owner who that voluntarily initiates conducts

27  such site rehabilitation, whether commenced before or on or

28  after October 1, 1995, shall upon initiation of such site

29  rehabilitation be immune from and have no liability for claims

30  of any person, for property damages of any kind, including,

31  but not limited to, diminished value of real property or


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 1  improvements; lost or delayed rent, sale, or use of real

 2  property or improvements; or stigma to real property or

 3  improvements caused by drycleaning-solvent contamination or be

 4  subject to any administrative or judicial action brought by or

 5  on behalf of to any person, state or local government, or

 6  agency thereof to compel or enjoin site rehabilitation or pay

 7  for the cost of rehabilitation of environmental contamination,

 8  and or to pay any fines or penalties regarding rehabilitation,

 9  as soon as the real property owner:

10         (a)  Conducts contamination assessment and site

11  rehabilitation consistent with state and federal laws and

12  rules;

13         (b)  Conducts such site rehabilitation in a timely

14  manner according to a rehabilitation schedule approved by the

15  department; and

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

17  Upon completion of such site rehabilitation activities in

18  accordance with the requirements of this subsection, the

19  department shall render a site rehabilitation completion

20  order.

21  

22  The immunity set forth in this subsection also applies to any

23  nearby real property owner. This immunity shall continue to

24  apply to any real property owner who transfers, conveys,

25  leases, or sells property on which a drycleaning facility is

26  located so long as the voluntary cleanup activities continue.

27  Notwithstanding any other provision of this chapter, this

28  subsection applies to causes of action accruing on or after

29  the effective date of this act and applies retroactively to

30  causes of action accruing before the effective date of this

31  


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 1  act for which a lawsuit has not been filed before the

 2  effective date of this act.

 3         Section 3.  Subsection (4) of section 376.30781,

 4  Florida Statutes, is amended to read:

 5         376.30781  Partial tax credits for rehabilitation of

 6  drycleaning-solvent-contaminated sites and brownfield sites in

 7  designated brownfield areas; application process; rulemaking

 8  authority; revocation authority.--

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

10  the Department of Environmental Protection for an allocation

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

12  developed by the Department of Environmental Protection in

13  cooperation with the Department of Revenue. The form shall

14  include an affidavit from each applicant certifying that all

15  information contained in the application, including all

16  records of costs incurred and claimed in the tax credit

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

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

19  include an affidavit signed by the real property owner stating

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

21  the drycleaning facility where the contamination exists.

22  Approval of partial tax credits must be accomplished on a

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

24  applications are received by the Division of Waste Management.

25  An applicant shall submit only one application per site per

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

27         (a)  Have entered into a voluntary cleanup agreement

28  with the Department of Environmental Protection for a

29  drycleaning-solvent-contaminated site or a Brownfield Site

30  Rehabilitation Agreement, as applicable; and

31  


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

 2  376.3078(3)(e) s. 376.3078(3)(d) for eligible

 3  drycleaning-solvent-cleanup program sites.

 4         Section 4.  Subsection (3) of section 376.3079, Florida

 5  Statutes, is amended to read:

 6         376.3079  Third-party liability insurance.--

 7         (3)  For purposes of this section and s. 376.3078, the

 8  term:

 9         (a)  "Third-party liability" means the insured's

10  liability, other than for site rehabilitation costs and

11  property damage as applied to sites utilizing the provisions

12  of s. 378.3078(3) and (11), for bodily injury or property

13  damage caused by an incident of contamination related to the

14  operation of a drycleaning facility or wholesale supply

15  facility.

16         (b)  "Incident" means any sudden or gradual discharge

17  of drycleaning solvents arising from the operation of a

18  drycleaning facility or wholesale supply facility that results

19  in a need for site rehabilitation or results in bodily injury

20  or property damage neither expected nor intended by the

21  drycleaning facility owner or operator or wholesale supply

22  facility.

23         Section 5.  Subsection (6) of section 376.308, Florida

24  Statutes, is amended to read:

25         376.308  Liabilities and defenses of facilities.--

26         (6)  This section may not Nothing herein shall be

27  construed to affect cleanup program eligibility under ss.

28  376.305(6), 376.3071, 376.3072, 376.3078, and 376.3079. Except

29  as otherwise expressly provided in this chapter, nothing in

30  this chapter shall affect, void, or defeat any immunity of any

31  


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 1  real property owner or nearby real property owner under s.

 2  376.3078.

 3         Section 6.  Subsection (3) and paragraph (a) of

 4  subsection (5) of section 376.313, Florida Statutes, are

 5  amended to read:

 6         376.313  Nonexclusiveness of remedies and individual

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

 8         (3)  Except as provided in s. 376.3078(3) and (11)

 9  Notwithstanding any other provision of law, nothing contained

10  in ss. 376.30-376.319 prohibits any person from bringing a

11  cause of action in a court of competent jurisdiction for all

12  damages resulting from a discharge or other condition of

13  pollution covered by ss. 376.30-376.319. Nothing in this

14  chapter shall prohibit or diminish a party's right to

15  contribution from other parties jointly or severally liable

16  for a prohibited discharge of pollutants or hazardous

17  substances or other pollution conditions. Except as otherwise

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

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

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

21  and prove the fact of the prohibited discharge or other

22  pollutive condition and that it has occurred. The only

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

24  s. 376.308.

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

26  operator of a drycleaning facility or a wholesale supply

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

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

29  376.3078(3) and is not involved in voluntary cleanup under s.

30  376.3078(11), for damages arising from the discharge of

31  drycleaning solvents from a drycleaning facility or wholesale


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    CS for SB 956                                  First Engrossed



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

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

 3  the alleged damages resulted solely from a discharge from a

 4  drycleaning facility or wholesale supply facility that was in

 5  compliance with department rules regulating drycleaning

 6  facilities or wholesale supply facilities.

 7         Section 7.  This act shall take effect upon becoming a

 8  law.

 9  

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