Florida HB 855: Perfluoroalkyl and Polyfluoroalkyl Substances

Bill Text

HB 855 2026

CODING: Words stricken are deletions; words underlined are additions.
hb855-00
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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 perfluoroalkyl and polyfluoroalkyl 2
substances; amending s. 376.91, F.S.; revising and 3
providing definitions; providing for the ratification 4
of certain rules for cleanup target levels for PFAS; 5
authorizing the Department of Environmental Protection 6
to update statewide cleanup target levels as 7
necessary; requiring such updates to be ratified by 8
the Legislature; requiring the department to adopt 9
interim screening values until the United States 10
Environmental Protection Agency establishes final 11
standards for additional PFAS compounds; providing 12
requirements to apply for prospective purchaser 13
protection; requiring the department to review 14
applications for completeness within a specified 15
timeframe; providing that an application is deemed 16
approved under specified circumstances; specifying the 17
timeframe in which liability protection is effective; 18
providing liability protection for certain 19
contaminations; authorizing the department or other 20
parties to pursue cost recovery; requiring the 21
department to issue completion letters under certain 22
circumstances; specifying the circumstances under 23
which a prospective purchaser forfeits liability 24
protection; requiring the department and the 25

HB 855 2026

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hb855-00
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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

Department of Revenue to ensure eligibility to 26
financial assistance for certain sites; creating s. 27
633.3041, F.S.; providing definitions; prohibiting 28
fire service providers from using certain Class B 29
firefighting foam after a specified date except under 30
certain circumstances; providing construction; 31
providing an effective date. 32
33
Be It Enacted by the Legislature of the State of Florida: 34
35
Section 1. Section 376.91, Florida Statutes, is amended to 36
read: 37
376.91 Statewide cleanup of perfluoroalkyl and 38
polyfluoroalkyl substances; liability protection; financial 39
assistance.— 40
(1) DEFINITIONS.—As used in this section, the term: 41
(a) "All appropriate inquiries" means consideration of 42
PFAS contamination, included in the All Appropriate Inquiries 43
rule under 40 C.F.R. s. 312.20, which sets the federal standards 44
and practices necessary to fulfill the requirements of the 45
Comprehensive Environmental Response, Compensation, and 46
Liability Act. 47
(b)(a) "Department" means the Department of Environmental 48
Protection. 49
(c) "Institutional control" means an enforceable 50

HB 855 2026

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restriction or condition designed to prevent exposure to PFAS 51
contamination. 52
(d)(b) "PFAS" means perfluoroalkyl and polyfluoroalkyl 53
substances, including perfluorooctanoic acid (PFOA), and 54
perfluorooctane sulfonate (PFOS), and any other compounds 55
designated by the United States Environmental Protection Agency. 56
(e) "PSPA" means a PFAS site participation agreement a 57
prospective purchaser executes with the department. 58
(2) STATEWIDE CLEANUP TARGET LEVELS.— 59
(a) If the United States Environmental Protection Agency 60
has not finalized its standards for PFAS in drinking water, 61
groundwater, and soil by January 1, 2026, the department shall 62
adopt by rule statewide cleanup target levels for PFAS in 63
drinking water, groundwater, and soil using criteria set forth 64
in s. 376.30701, with priority given to PFOA and PFOS. The rules 65
established by the department, consistent with the United States 66
Environmental Protection Agency's standards, for statewide 67
cleanup target levels for PFAS are may not take effect until 68
ratified by the Legislature. 69
(b) The department may update the statewide cleanup target 70
levels as necessary to remain aligned with the United States 71
Environmental Protection Agency's risk assessments or health 72
advisories. Any updates to the statewide cleanup target levels 73
adopted by the department must be ratified by the Legislature 74
under s. 120.541(3). 75

HB 855 2026

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(b) Until the department's rule for a particular PFAS 76
constituent has been ratified by the Legislature, a governmental 77
entity or private water supplier may not be subject to any 78
administrative or judicial action under this chapter brought by 79
any state or local governmental entity to compel or enjoin site 80
rehabilitation, to require payment for the cost of 81
rehabilitation of environmental contamination, or to require 82
payment of any fines or penalties regard