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HB0855 • 2026

Perfluoroalkyl and Polyfluoroalkyl Substances

Perfluoroalkyl and Polyfluoroalkyl Substances

Water
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Long ; (CO-INTRODUCERS) Campbell
Last action
2026-03-13
Official status
House - Died in Natural Resources & Disasters Subcommittee
Effective date
2026-07-01

Plain English Breakdown

The bill did not pass and was referred to a committee where it died.

Rules for Perfluoroalkyl and Polyfluoroalkyl Substances

This bill sets rules for cleaning up PFAS compounds by establishing cleanup target levels, providing protection from liability for buyers of contaminated sites under certain conditions, and limiting the use of firefighting foams containing PFAS chemicals after January 1, 2027.

What This Bill Does

  • Sets statewide cleanup target levels for PFAS in drinking water, groundwater, and soil using criteria set forth by the United States Environmental Protection Agency's standards.
  • Provides eligibility requirements to apply for prospective purchaser protection from liability if buyers follow specific rules.
  • Limits the use of firefighting foam containing PFAS chemicals after January 1, 2027.

Who It Names or Affects

  • People and businesses involved in cleaning up contaminated sites.
  • Buyers of property that may have PFAS contamination.
  • Fire service providers who use firefighting foams.

Terms To Know

PFAS
Perfluoroalkyl and polyfluoroalkyl substances, a group of chemicals used in various products that can be harmful to health.
Bona Fide Prospective Purchaser Protection
Protection from liability for people buying property with existing PFAS contamination if they follow certain rules.

Limits and Unknowns

  • The bill did not pass the final stages of the legislative process and was referred to a committee where it died.
  • Some parts of the bill are unclear about specific dates or conditions for implementation.

Bill History

  1. 2026-03-13 House

    • Died in Natural Resources & Disasters Subcommittee

  2. 2026-01-13 House

    • 1st Reading (Original Filed Version)

  3. 2026-01-05 House

    • Referred to Natural Resources & Disasters Subcommittee • Referred to Agriculture & Natural Resources Budget Subcommittee • Referred to Civil Justice & Claims Subcommittee • Referred to State Affairs Committee • Now in Natural Resources & Disasters Subcommittee

  4. 2025-12-19 House

    • Filed

Official Summary Text

Perfluoroalkyl and Polyfluoroalkyl Substances; Provides for ratification of certain rules for cleanup target levels for PFAS compounds; authorizes DEP to update statewide cleanup target levels as necessary; requires such updates to be ratified by Legislature; requires department to adopt interim screening values until United States Environmental Protection Agency establishes final standards for additional PFAS compounds; provides eligibility requirements to apply for prospective purchaser protection; requires department to review applications for completeness within specified timeframe; provides that application is deemed approved; specifies timeframe in which liability protection is effective; provides liability protection for certain contaminations; authorizes department or other parties to pursue cost recovery; requires department to issue completion letters; specifies circumstances under which prospective purchaser forfeits liability protection; requires department & DOR to ensure eligibility to financial assistance for certain sites; prohibits fire service providers from using certain Class B firefighting foam after specified date except.

Current Bill Text

Read the full stored bill text 
HB 855 2026

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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

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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

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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

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

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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) 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 regarding rehabilitation based 83
on the presence of that particular PFAS constituent. 84
(c) Until the United States Environmental Protection 85
Agency establishes final standards for additional PFAS, the 86
department must adopt interim screening values to guide site 87
assessment and remedial actions rehabilitation is completed or 88
rules for statewide cleanup target levels are ratified by the 89
Legislature, any statute of limitations that would bar a state 90
or local governmental entity from pursuing relief in accordance 91
with its existing authority is tolled from June 20, 2022. 92
(d) This section does not affect the ability or authority 93
to seek any recourse or relief from any person who may have 94
liability with respect to a contaminated site and who did not 95
receive protection under paragraph (b). 96
(3) BONA FIDE PROSPECTIVE PURCHASER PROTECTION.— 97
(a) To qualify for liability protection, an applicant may 98
not have any affiliation with a liable party and must do the 99
following: 100

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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

1. Conduct all appropriate inquiries that includes a PFAS 101
analysis. 102
2. Comply with all continuing obligations, including 103
maintenance of institutional controls and reporting of releases. 104
The department may impose United States Environmental Protection 105
Agency due diligence requirements for a Phase I Environmental 106
Site Assessment under the United States Environmental Protection 107
Agency's all appropriate inquiries rule. 108
(b)1. The department shall review a PSPA application for 109
completeness within 30 days after receipt of the application. 110
2. If the department does not deny a PSPA application 111
within 120 days after receipt of the application, the 112
application is deemed approved. 113
3. After the department executes a PSPA, liability 114
protection is effective during the time period a prospective 115
purchaser takes to comply with this section. 116
(c) A bona fide prospective purchaser is not liable for 117
PFAS contamination that exists before acquisition. 118
(d) Liability protection does not bar the department or 119
other parties from pursuing cost recovery against responsible 120
persons as authorized under this chapter. 121
(e) The department shall issue completion letters to 122
prospective purchasers upon satisfaction of all PSPA 123
obligations. 124
(f) A prospective purchaser forfeits liability protection 125

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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

under this section for any willful violation of a PSPA 126
application or the failure to maintain continuing obligations 127
established by the department. 128
(4) FINANCIAL ASSISTANCE.—The department and the 129
Department of Revenue shall ensure eligibility for remediation 130
tax credits, brownfield grants, and other financial assistance 131
programs for sites that meet the requirements of subsection (3). 132
Section 2. Section 633.3041, Florida Statutes, is created 133
to read: 134
633.3041 Class B firefighting foam.— 135
(1) As used in this section, the term: 136
(a) "Class B firefighting foam" means any firefighting 137
foam designed to extinguish fires involving flammable liquids. 138
(b) "PFAS chemicals" means a class of fluorinated organic 139
chemicals containing at least one fully fluorinated carbon atom, 140
including perfluoroalkyl substances, designed to be fully 141
functional in Class B firefighting foam formulations. 142
(c) "Testing" means a calibration, conformance, or fixed 143
system testing. 144
(2) Beginning January 1, 2027, a fire service provider may 145
not discharge or otherwise use Class B firefighting foam that 146
contains intentionally added PFAS chemicals unless such 147
discharge or use occurs in the course of providing fire 148
prevention services or in response to an emergency firefighting 149
operation. 150

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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

(3) This section does not: 151
(a) Restrict the manufacturing, sale, or distribution of 152
Class B firefighting foam that contains intentionally added PFAS 153
chemicals; 154
(b) Restrict the discharge or use of Class B firefighting 155
foam in providing fire prevention services or in response to an 156
emergency firefighting operation; or 157
(c) Prevent the use of nonfluorinated foams, including 158
other Class B firefighting foams, for purposes of firefighter 159
training or testing. 160
Section 3. This act shall take effect July 1, 2026. 161