HB 1475 2022
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hb1475-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to cleanup of perfluoroalkyl and 2
polyfluoroalkyl substances; creating s. 376.91, F.S.; 3
defining terms; requiring the Department of 4
Environmental Protection to adopt rules for statewide 5
cleanup target levels for perfluoroalkyl and 6
polyfluoroalkyl substances in soil and groundwater by 7
a specified date; pr ohibiting such rules from taking 8
effect until ratified by the Legislature; providing 9
that certain persons are not subject to administrative 10
or judicial action under certain circumstances; 11
providing that certain statutes of limitations are 12
tolled from a specified date; providing construction; 13
providing a directive to the Division of Law Revision; 14
providing an effective date. 15
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Be It Enacted by the Legislature of the State of Florida: 17
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Section 1. Section 376.91, Florida Statutes, is created to 19
read: 20
376.91 Statewide cleanup of perfluoroalkyl and 21
polyfluoroalkyl substances. — 22
(1) DEFINITIONS.—As used in this section, the term: 23
(a) "Department" means the Department of Environmental 24
Protection. 25
HB 1475 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) "PFAS" means perfluoroalkyl and polyfluoroalkyl 26
substances, including perfluorooctanoic acid (PFOA) and 27
perfluorooctane sulfonate (PFOS). 28
(2) STATEWIDE CLEANUP TARGET LEVELS. — 29
(a) By January 1, 2023, the department shall adopt by rule 30
statewide cleanup target levels for PFAS in soil and groundwater 31
using criteria set forth in s. 376.30701, with priority given to 32
PFOA and PFOS. The rules for statewide cleanup target levels may 33
not take effect until ratified by the Legislature. 34
(b) Until the department's rule for a particular PFAS 35
constituent has been r atified by the Legislature, a person may 36
not be subject to any administrative or judicial action under 37
chapter 376 or chapter 403 brought by any state or local 38
governmental entity to compel or enjoin site rehabilitation, to 39
require payment for the cost of rehabilitation of environmental 40
contamination, or to require payment of any fines or penalties 41
regarding rehabilitation based on the presence of that 42
particular PFAS constituent. 43
(c) Until site rehabilitation is completed or rules for 44
statewide cleanup target levels are ratified by the Legislature, 45
any statute of limitations that would bar a state or local 46
governmental entity from pursuing relief in accordance with its 47
existing authority is tolled from the effective date of this 48
act. 49
(d) This section do es not affect the ability or authority 50
HB 1475 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to seek any recourse or relief from any person who may have 51
liability with respect to a contaminated site and who did not 52
receive protection under paragraph (b). 53
Section 2. The Division of Law Revision is directed to 54
replace the phrase "the effective date of this act" wherever it 55
occurs in this act with the date this act becomes a law. 56
Section 3. This act shall take effect upon becoming a law. 57