H 5701

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    HB 5701E, Engrossed 1  2026E Legislature
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2An act relating to petroleum cleanup programs;
3amending ss. 376.3071 and 376.3072, F.S.; removing the
42025-2026 fiscal year limitation on prohibiting
5certain deductibles and copays, prohibiting
6enforcement of certain monetary caps, requiring that
7certain costs be absorbed at the expense of the Inland
8Protection Trust Fund, and providing exceptions;
9providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13Section 1.  Paragraph (i) of subsection (13) of section
14376.3071, Florida Statutes, is amended, and paragraph (g) of
15subsection (15) of that section is reenacted, to read:
16376.3071  Inland Protection Trust Fund; creation; purposes;
17funding.—
18(13)        PETROLEUM CLEANUP PARTICIPATION PROGRAM.—To encourage
19detection, reporting, and cleanup of contamination caused by
20discharges of petroleum or petroleum products, the department
21shall, within the guidelines established in this subsection,
22implement a cleanup program to provide rehabilitation funding
23assistance for all property contaminated by discharges of
24petroleum or petroleum products from a petroleum storage system
25occurring before January 1, 1995. Eligibility is subject to an
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26    annual appropriation from the fund. Additionally, funding for
27    eligible sites is contingent upon annual appropriation in
28    subsequent years. Such continued state funding is not an
29    entitlement or a vested right under this subsection. Eligibility
30    shall be determined in the program, notwithstanding any other
31    provision of law, consent order, order, judgment, or ordinance
32    to the contrary.
33(i)      Notwithstanding this section, for the 2025-2026 fiscal
34    year, program deductibles and copayments may not be assessed,
35    monetary caps may not be enforced, and all costs for activities
36    described in this subsection must be absorbed at the expense of
37    the Inland Protection Trust Fund, without recourse to
38    reimbursement or recovery, with the following exceptions:
391.      This paragraph does not apply to a site where the
40    department has been denied site access to implement this
41    section.
422.      This paragraph does not authorize or require
43    reimbursement from the fund for costs expended before the
44    beginning of the grace period.
453.      Upon discovery by the department that the owner or
46    operator of a petroleum storage system has been grossly
47    negligent in the maintenance of such petroleum storage system;
48    has, with willful intent to conceal the existence of a serious
49    discharge, falsified inventory or reconciliation records
50    maintained with respect to the site at which such system is
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51    located; or has intentionally damaged such petroleum storage
52    system, the site at which such system is located is ineligible
53    for participation in the incentive program and the owner is
54    liable for all costs due to discharges from petroleum storage
55    systems at that site.
56
57    This paragraph expires July 1, 2026.
58(15)        ETHANOL OR BIODIESEL DAMAGE; PREVENTIVE MEASURES.—The
59    department shall pay, pursuant to this subsection, up to $10
60    million each fiscal year from the fund for the costs of labor
61    and equipment to repair or replace petroleum storage systems
62    that may have been damaged due to the storage of fuels blended
63    with ethanol or biodiesel, or for preventive measures to reduce
64    the potential for such damage.
65(g)      Payments may not be made for the following:
661.      Proposal costs or costs related to preparation of the
67    application and required documentation;
682.      Certified public accountant costs;
693.      Except as provided in paragraph (j), any costs in
70    excess of the amount approved by the department under paragraph
71    (b) or which are not in substantial compliance with the purchase
72    order;
734.      Costs associated with storage tanks, piping, or
74    ancillary equipment that has previously been repaired or
75    replaced for which costs have been paid under this section;
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765.      Facilities that are not in compliance with department
77     storage tank rules, until the noncompliance issues have been
78     resolved; or
796.      Costs associated with damage to petroleum storage
80     systems caused in whole or in part by causes other than the
81     storage of fuels blended with ethanol or biodiesel.
82Section 2.  Subsection (5) of section 376.3072, Florida
83     Statutes, is amended to read:
84376.3072  Florida Petroleum Liability and Restoration
85     Insurance Program.—
86(5)      Notwithstanding subsections (1)-(4), for the 2025-2026
87     fiscal year, program deductibles or copayments may not be
88     assessed, monetary caps may not be enforced, and all costs for
89     activities described in this section must be absorbed at the
90     expense of the Inland Protection Trust Fund, without recourse to
91     reimbursement or recovery, with the following exceptions:
92(a)      This subsection does not apply to a site where the
93     department has been denied site access to implement this
94     section.
95(b)      This subsection does not authorize or require
96     reimbursement from the fund for costs expended before the
97     beginning of the grace period.
98(c)      Upon discovery by the department that the owner or
99     operator of a petroleum storage system has been grossly
100    negligent in the maintenance of such petroleum storage system;
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101    has, with willful intent to conceal the existence of a serious
102    discharge, falsified inventory or reconciliation records
103    maintained with respect to the site at which such system is
104    located; or has intentionally damaged such petroleum storage
105    system, the site at which such system is located is ineligible
106    for participation in the incentive program and the owner is
107    liable for all costs due to discharges from petroleum storage
108    systems at that site.
109
110    This subsection expires July 1, 2026.
111Section 3.  This act shall take effect July 1, 2026.
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