(1) It is the intent of the Legislature that, if necessary, the department assist owners of drycleaning facilities and wholesale supply facilities in obtaining third-party liability insurance coverage if such facilities or suppliers are regulated by and in compliance with the department’s rules relating to drycleaning facilities and wholesale supply facilities. In order to assist drycleaning facilities and wholesale supply facilities in obtaining such insurance coverage, the department may contract with an insurance company, a reinsurance company, or other insurance consultant to issue third-party liability policies. If such third-party insurance is not available, the department shall not provide such insurance from state funds.
(2)(a) Any owner or operator of a drycleaning facility or wholesale supply facility may be eligible for third-party liability insurance coverage if the facility is registered with the department pursuant to s. 376.303(1)(d) and is otherwise in compliance with the department’s rules relating to drycleaning facilities or wholesale supply facilities.
(b) The following drycleaning facilities or wholesale supply facilities are not eligible for state-assisted third-party liability insurance:
1. Sites owned or operated by the state or Federal Government.
2. Sites where the owner or operator has denied the department site access or where the facility has been determined not to be in compliance with the department’s rules relating to drycleaning facilities or wholesale supply facilities.
(c) Third-party liability insurance coverage may not be provided by the state-contracted insurance carrier to cover third-party claims relating to damages caused by contamination that was discovered prior to the effective date of the insured’s policy.
(3) For purposes of this section and s. 376.3078, the term:
(a) “Third-party liability” means the insured’s liability, other than for site rehabilitation costs and property damage as applied to sites utilizing the provisions of s. 376.3078(3) and (11), for bodily injury caused by an incident of contamination related to the operation of a drycleaning facility or wholesale supply facility.
(b) “Incident” means any sudden or gradual discharge of drycleaning solvents arising from the operation of a drycleaning facility or wholesale supply facility that results in a need for site rehabilitation or results in bodily injury or property damage neither expected nor intended by the drycleaning facility owner or operator or wholesale supply facility.
(4)(a) The purchase of insurance services by the department is not subject to the provisions of chapter 287.
(b) The Office of Insurance Regulation of the Financial Services Commission shall offer assistance as requested by the department to implement the program.
(c) Any insurance company, reinsurance company, or other entity contracted with by the department shall be subject to the same rules of the Office of Insurance Regulation applicable to other insurers, reinsurers, and other entities.
(5) It is the express intent of the Legislature that the provisions of this section shall not provide the basis for any claim against the department or the Water Quality Assurance Trust Fund for bodily injury or property damages caused by an incident of contamination related to the operation of a drycleaning facility or wholesale supply facility.
History.—s. 7, ch. 94-355; s. 4, ch. 95-239; s. 50, ch. 96-321; s. 396, ch. 2003-261; s. 4, ch. 2003-276; s. 65, ch. 2007-5.
Structure Florida Statutes
Title XXVIII - Natural Resources; Conservation, Reclamation, and Use
Chapter 376 - Pollutant Discharge Prevention and Removal
376.011 - Pollutant Discharge Prevention and Control Act; Short Title.
376.021 - Legislative Intent With Respect to Pollution of Coastal Waters and Lands.
376.031 - Definitions; Ss. 376.011-376.21.
376.041 - Pollution of Waters and Lands of the State Prohibited.
376.051 - Powers and Duties of the Department of Environmental Protection.
376.07 - Regulatory Powers of Department; Penalties for Inadequate Booming by Terminal Facilities.
376.0705 - Development of Training Programs and Educational Materials.
376.071 - Discharge Contingency Plan for Vessels.
376.09 - Removal of Prohibited Discharges.
376.10 - Personnel and Equipment.
376.11 - Florida Coastal Protection Trust Fund.
376.121 - Liability for Damage to Natural Resources.
376.123 - Claims Against the Florida Coastal Protection Trust Fund.
376.13 - Emergency Proclamation; Governor’s Powers.
376.16 - Enforcement and Penalties.
376.165 - “Hold-Harmless” Agreements Prohibited.
376.19 - County and Municipal Ordinances; Powers Limited.
376.20 - Limitation on Application.
376.205 - Individual Cause of Action for Damages Under Ss. 376.011-376.21.
376.207 - Traps Impregnated With Pollutants Prohibited.
376.21 - Construction of Ss. 376.011-376.21.
376.25 - Gambling Vessels; Registration; Required and Prohibited Releases.
376.30 - Legislative Intent With Respect to Pollution of Surface and Ground Waters.
376.301 - Definitions of Terms Used in Ss. 376.30-376.317, 376.70, and 376.75.
376.302 - Prohibited Acts; Penalties.
376.303 - Powers and Duties of the Department of Environmental Protection.
376.305 - Removal of Prohibited Discharges.
376.306 - Cattle-Dipping Vats; Legislative Findings; Liability.
376.307 - Water Quality Assurance Trust Fund.
376.30702 - Contamination Notification.
376.3071 - Inland Protection Trust Fund; Creation; Purposes; Funding.
376.30714 - Site Rehabilitation Agreements.
376.30715 - Innocent Victim Petroleum Storage System Restoration.
376.30716 - Cleanup of Certain Sites.
376.3072 - Florida Petroleum Liability and Restoration Insurance Program.
376.3073 - Local Programs and State Agency Programs for Control of Contamination.
376.3075 - Inland Protection Financing Corporation.
376.3078 - Drycleaning Facility Restoration; Funds; Uses; Liability; Recovery of Expenditures.
376.3079 - Third-Party Liability Insurance.
376.308 - Liabilities and Defenses of Facilities.
376.309 - Facilities, Financial Responsibility.
376.311 - Penalties for a Discharge.
376.315 - Construction of Ss. 376.30-376.317.
376.317 - Superseded Laws; State Preemption.
376.321 - Definitions; Ss. 376.320-376.326.
376.322 - Powers and Duties of the Department.
376.324 - Containment and Integrity Plan.
376.325 - Alternative to Containment and Integrity Plan Requirements.
376.326 - Application of S. 376.317.
376.40 - Petroleum Exploration and Production; Purposes; Funding.
376.60 - Asbestos Removal Program Inspection and Notification Fee.
376.70 - Tax on Gross Receipts of Drycleaning Facilities.
376.71 - Registration Fee and Gross Receipts Tax; Exemptions.
376.75 - Tax on Production or Importation of Perchloroethylene.
376.79 - Definitions Relating to Brownfields Redevelopment Act.
376.80 - Brownfield Program Administration Process.
376.81 - Brownfield Site and Brownfield Areas Contamination Cleanup Criteria.
376.82 - Eligibility Criteria and Liability Protection.
376.83 - Violation; Penalties.
376.84 - Brownfield Redevelopment Economic Incentives.
376.91 - Statewide Cleanup of Perfluoroalkyl and Polyfluoroalkyl Substances.