Florida HB 5701: Trust Funds/Re-creation/Triumph Gulf Coast Trust Fund/DEO

Bill Text

HB 5701 2026

CODING: Words stricken are deletions; words underlined are additions.
hb5701-00
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A bill to be entitled 1
An act relating to petroleum cleanup programs; 2
amending ss. 376.3071 and 376.3072 F.S.; removing the 3
2025-2026 fiscal year limitation on prohibiting 4
certain deductibles and copays, prohibiting 5
enforcement of certain monetary caps, requiring that 6
certain costs be absorbed at the expense of the Inland 7
Protection Trust Fund, and providing exceptions; 8
providing an effective date. 9
10
Be It Enacted by the Legislature of the State of Florida: 11
12
Section 1. Paragraph (i) of subsection (13) of section 13
376.3071, Florida Statutes, is amended, and paragraph (g) of 14
subsection (15) is reenacted, to read: 15
376.3071 Inland Protection Trust Fund; creation; purposes; 16
funding.— 17
(13) PETROLEUM CLEANUP PARTICIPATION PROGRAM.—To encourage 18
detection, reporting, and cleanup of contamination caused by 19
discharges of petroleum or petroleum products, the department 20
shall, within the guidelines established in this subsection, 21
implement a cleanup program to provide rehabilitation funding 22
assistance for all property contaminated by discharges of 23
petroleum or petroleum products from a petroleum storage system 24
occurring before January 1, 1995. Eligibility is subject to an 25

HB 5701 2026

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annual appropriation from the fund. Additionally, funding for 26
eligible sites is contingent upon annual appropriation in 27
subsequent years. Such continued state funding is not an 28
entitlement or a vested right under this subsection. Eligibility 29
shall be determined in the program, notwithstanding any other 30
provision of law, consent order, order, judgment, or ordinance 31
to the contrary. 32
(i) Notwithstanding this section, for the 2025-2026 fiscal 33
year, program deductibles and copayments may not be assessed, 34
monetary caps may not be enforced, and all costs for activities 35
described in this subsection must be absorbed at the expense of 36
the Inland Protection Trust Fund, without recourse to 37
reimbursement or recovery, with the following exceptions: 38
1. This paragraph does not apply to a site where the 39
department has been denied site access to implement this 40
section. 41
2. This paragraph does not authorize or require 42
reimbursement from the fund for costs expended before the 43
beginning of the grace period. 44
3. Upon discovery by the department that the owner or 45
operator of a petroleum storage system has been grossly 46
negligent in the maintenance of such petroleum storage system; 47
has, with willful intent to conceal the existence of a serious 48
discharge, falsified inventory or reconciliation records 49
maintained with respect to the site at which such system is 50

HB 5701 2026

CODING: Words stricken are deletions; words underlined are additions.
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located; or has intentionally damaged such petroleum storage 51
system, the site at which such system is located is ineligible 52
for participation in the incentive program and the owner is 53
liable for all costs due to discharges from petroleum storage 54
systems at that site. 55
56
This paragraph expires July 1, 2026. 57
(15) ETHANOL OR BIODIESEL DAMAGE; PREVENTIVE MEASURES.—The 58
department shall pay, pursuant to this subsection, up to $10 59
million each fiscal year from the fund for the costs of labor 60
and equipment to repair or replace petroleum storage systems 61
that may have been damaged due to the storage of fuels blended 62
with ethanol or biodiesel, or for preventive measures to reduce 63
the potential for such damage. 64
(g) Payments may not be made for the following: 65
1. Proposal costs or costs related to preparation of the 66
application and required documentation; 67
2. Certified public accountant costs; 68
3. Except as provided in paragraph (j), any costs in 69
excess of the amount approved by the department under paragraph 70
(b) or which are not in substantial compliance with the purchase 71
order; 72
4. Costs associated with storage tanks, piping, or 73
ancillary equipment that has previously been repaired or 74
replaced for which costs have been paid under this section; 75

HB 5701 2026

CODING: Words stricken are deletions; words underlined are additions.
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5. Facilities that are not in compliance with department 76
storage tank rules, until the noncompliance issues have been 77
resolved; or 78
6. Costs associated with damage to petroleum storage 79
systems caused in whole or in part by causes other than the 80
storage of fuels blended with ethanol or biodiesel. 81
Section 2. Subsection (5) of secti